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The Materials and Articles in Contact with Food (Scotland) Regulations 2005

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Changes over time for: Section 14

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Application of various provisions of the ActS

14.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations–

(a)section 2 (extended meaning of “sale” etc.);

(b)section 20 (offences due to fault of another person);

(c)section 21 (defence of due diligence) with the modification that in subsection (4) the references to “sale” shall be deemed to include references to “placing on the market”;

(d)section 30(8) (which relates to documentary evidence);

(e)section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (3)(b);

(f)section 36 (offences by bodies corporate); and

(g)section 36A (offences by Scottish partnerships).

(2) In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1) to the Act shall be construed as including a reference to the Community Regulation.

(3) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act shall be construed as including a reference to the Community Regulation and these Regulations–

(a)section 3 (presumptions that food intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33 (obstruction etc. of officers); and

(c)section 44 (protection of officers acting in good faith) with the modification that references to “a food authority” shall include “the Agency”.

Commencement Information

I1Reg. 14 in force at 21.5.2005, see reg. 1(1)

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