Enforcement
3.—(1) These Regulations shall be enforced in England and Wales—
(a)in the district of a port health authority, by the relevant port health authority; and
(b)outside the district of a port health authority—
(i)at any time before the retail stage, in England by the Secretary of State and in Wales by the National Assembly for Wales; and
(ii)at the retail stage, by the relevant food authority within the meaning of section 5(1) and 5(1A) of the Food Safety Act 1990 (“the 1990 Act”)(1), other than non-metropolitan district councils.
(2) These Regulations shall be enforced in Scotland by the relevant food authority within the meaning of section 5(2) of the 1990 Act(2).
1990 c. 16; section 5(1) was amended by the Local Government (Wales) Act 1994 (c. 19), Schedule 9, paragraph 16(1) and Schedule 18, and by the Food Standards Act 1999 (c. 28), Schedule 5, paragraph 9. Section 5(1A) was inserted by the Local Government (Wales) Act 1994, Schedule 9, paragraph 16(1).
Section 5(2) was amended by the Local Government etc. (Scotland) Act 1994 (1994 c. 39), Schedule 13, paragraph 163(2).