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20.—(1) The following provisions of the Order shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)—
Article 4 (presumptions that food intended for human consumption);
Article 19 (offences due to fault of another person);
Article 20 (defence of due diligence);
Article 29 (procurement of samples);
Article 30(8) (documentary evidence);
Article 33(1) (powers of entry);
Article 43 (protection of public analyst acting in good faith); and
Article 45 (expenses of authorised officers);
(2) The modifications are—
(a)construe any reference in the provisions specified in paragraph (1) to the Order (or a Part of the Order) as a reference to these Regulations, and also, in relation to Article 33(1)(a), construe the reference to “the provisions of this Order” as a reference to the provisions mentioned in Schedules 1 and 2;
(b)construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or district council, as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;
(c)in relation to Article 19, construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);
(d)in relation to Article 20(2), replace the words “Article 13 or 14” with the words “these Regulations”;
(e)in relation to Article 29—
(i)in paragraph (b)(ii), construe the reference to Article 33 as including a reference to Article 33 as applied to these Regulations by paragraph (1); and
(ii)in paragraph (d), omit the words “or of regulations or orders made under it”;
(f)in relation to Article 30(8)(a), omit the words “under paragraph (6)”;
(g)in relation to Article 33—
(i)in paragraph (1)(a), omit the words “, or of regulations or orders made under it”;
(ii)in paragraph (5), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);
(iii)in paragraph (6), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;
(iv)in paragraph (7)(a), omit the words “or of regulations or orders made under it”; and
(v)in paragraph (8), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1).
Article 33 was amended by paragraph 19 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16)
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