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5. The following provisions of the Food Safety (Northern Ireland) Order 1991(1) shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Order or Part thereof shall be construed as a reference to these Regulations —
(a)Article 19 (offences due to fault of another person);
(b)Article 20 (defence of due diligence)(2), with the modification that paragraphs (2) to (4) shall apply in relation to an offence under regulation 3(2) as they apply in relation to an offence under Article 13 or 14, that in paragraphs 2(a) and 3(b) the references to “food” shall be deemed to be references to feed or food and that in paragraph (4)(b) the references to “sale or intended sale” shall be deemed to be references to “first placing on the market”;
(c)Article 33 (powers of entry);
(d)Article 34(1) (obstruction etc. of officers);
(e)Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub–paragraph (d);
(f)Article 36(1) (punishment of offences), in so far as it relates to offences under Article 34(1) as applied by sub–paragraph (d);
(g)Article 36(2) and (3)(3), in so far as it relates to offences under Article 34(2) as applied by sub–paragraph (e).
Article 20 was amended by S.R. 2004 No. 505
Article 36(3) was amended by S.R. 2004 No. 505
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