The Poultrymeat (Scotland) Regulations 2011

Application of various provisions of the Food Safety Act 1990 S

21.—(1) The following provisions of the Food Safety Act 1990 M1 apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

(a) section 3 (presumptions that food intended for human consumption);

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

(c) section 21(1), (5) and (6) (defence of due diligence);

(d) section 29 (procurement of samples);

(e) section 30(8) (documentary evidence);

(f) section 44 (protection of officers acting in good faith); and

(g) section 46(1) (expenses of authorised officers).

(2) The modifications are—

(a) construe any reference in the provisions specified in paragraph (1) to the Food Safety Act 1990 (or a Part or section of that Act) as a reference to these Regulations;

(b) construe any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, as a reference to an authorised officer as defined in regulation 2(1) of these Regulations;

(c) in relation to section 29—

(i) in paragraph (b)(ii), construe the reference to section 32 as a reference to these Regulations; and

(ii) in paragraph (d), omit “or of regulations or orders made under it”;

(d) in relation to section 30(8)(a), omit “under subsection (6) above”; and

(e) in relation to section 44(2), (3) and (4), construe any reference to a food authority as a reference to an enforcement authority.

Marginal Citations

M1 1990 c.16.