The Food (Promotion and Placement) (England) Regulations 2021

Application of various sections of the Food Safety Act 1990 E+W

16.—(1) The provisions of the Food Safety Act 1990 set out in paragraph (2) apply for the purposes of these Regulations—

(a) as if any reference in those provisions to the Act, or to any Part of the Act, were a reference to these Regulations;

(b) with any modifications specified in paragraph (2).

(2) The provisions of the Act applying, as modified, are—

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

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

(c) section 21 (defence of due diligence), as if —

(i) subsections (2) to (4) applied in relation to an offence under these Regulations as they apply in relation to an offence under section 15, and

(ii) in subsection (4)(b) the reference to “sale or intended sale” included “promotion or presentation”;

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

(e) section 32 (powers of entry);

(f) section 33(1) (obstruction etc. of officers);

(g) section 33(2), as if the reference to “any such requirement as is mentioned in subsection (1)(b) above” were a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f);

(h) section 34 (time limits for prosecutions), as if for “section 35(2) below” there were substituted “regulation 12(1)”;

(i) section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (f);

(j) section 35(2), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (g);

(k) section 36 (offences by bodies corporate);

(l) section 36A (offences by Scottish partnerships);

(m) section 37 (appeals to magistrates’ court or sheriff), as if the reference to an improvement notice were to an improvement notice served under regulation 10;

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

(o) section 50 (service of documents).

Commencement Information

I1 Reg. 16 in force at 1.10.2022, see reg. 1(1)