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The Food Safety (Northern Ireland) Order 1991

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Point in time view as at 07/10/2013.

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There are currently no known outstanding effects for the The Food Safety (Northern Ireland) Order 1991, Cross Heading: Offences. Help about Changes to Legislation

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OffencesN.I.

Time limit for prosecutionsN.I.

35.  A prosecution for an offence under this Order which is punishable under Article 36(2) shall not be begun after the expiry of—

(a)3 years from the commission of the offence; or

(b)one year from its discovery by the prosecution,

whichever is the earlier.

Modifications etc. (not altering text)

C1Art. 35 applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/217), reg. 7(d)

Punishment of offencesN.I.

36.—F1(1) A person guilty of an offence under Article 34(1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding 3 months or to both.

F1(2) A person guilty of any other offence under this Order shall be liable—

(a)on conviction on indictment, to a fine or to imprisonment for a term not exceeding 2 years or to both;

(b)on summary conviction, to a fine not exceeding the relevant amount or to imprisonment for a term not exceeding 6 months or to both.

F1(3) In paragraph (2) “the relevant amount” means—

(a)in the case of an offence under[F2 Article 6 or 13], £20,000;

(b)in any other case, the statutory maximum.

F1mod. by SR 2005/284

F2SR 2004/505

Modifications etc. (not altering text)

C9Art. 36 applied (with modifications) (1.7.2008) by Drinking Milk Regulations (Northern Ireland) 2008 (S.R. 2008/237), reg. 7(h)

C11Art. 36(1)-(3) applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/217), reg. 7(e)

C14Art. 36(1) applied (with modifications) (1.7.2006) by Contaminants in Food Regulations (Northern Ireland) 2006 (S.R. 2006/256), reg. 5(1)(g)

C15mod. by SR 2004/487

C17Art. 36(1) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(h)

C18Art. 36(1) applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(1)(g)

C19Art. 36(1) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(h)

C22Art. 36(1) applied (with modifications) (11.1.2008) by Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 (S.R. 2007/506), reg. 29(g)

C24Art. 36(1) applied (with modifications) (15.4.2008) by Specified Products from China (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2008 (S.R. 2008/171), reg. 6(f)

C25Art. 36(1) applied (with modifications) (1.7.2009) by Contaminants in Food Regulations (Northern Ireland) 2009 (S.R. 2009/220), reg. 5(1)(g)

C26Art. 36(1) applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(h)

C28Art. 36(1) applied (with modifications) (20.1.2010) by Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009/415), reg. 5(1)(d)

C29Art. 36(1) applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(1)(f)

C31Art. 36(1) applied (with modifications) (6.4.2010) by Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010/54), reg. 10(g)

C32Art. 36(1) applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(1)(g)

C33Art. 36(1) applied (with modifications) (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 5(1)(d)

C39Art. 36(2)(3) applied (with modifications) (1.7.2006) by Contaminants in Food Regulations (Northern Ireland) 2006 (S.R. 2006/256), reg. 5(1)(h)

C41Art. 36(2) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(i)

C42Art. 36(2) applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(1)(h)

C43Art. 36(2) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(i)

C46Art. 36(2) applied (with modifications) (11.1.2008) by Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 (S.R. 2007/506), reg. 29(h)

C47Art. 36(2)(3) applied (with modifications) (12.3.2008) by Rice Products from the United States of America (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2008 (S.R. 2008/99), reg. 5(g)

C48Art. 36(2)(3) applied (with modifications) (15.4.2008) by Specified Products from China (Restriction on First Placing on the Market) Regulations (Northern Ireland) 2008 (S.R. 2008/171), reg. 6(g)

C49Art. 36(2)(3) applied (with modifications) (1.7.2009) by Contaminants in Food Regulations (Northern Ireland) 2009 (S.R. 2009/220), reg. 5(1)(h)

C51Art. 36(2)(3) applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(1)(g)

C53Art. 36(2)(3) applied (with modifications) (20.1.2010) by Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009/415), reg. 5(1)(e)

C54Art. 36(2) applied (with modifications) (6.4.2010) by Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010/54), reg. 10(h)

C55Art. 36(2) applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(1)(h)

C56Art. 36(2) applied (with modifications) (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 5(1)(e)

C60Art. 36(3) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(i)

C61Art. 36(3) applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(1)(h)

C62Art. 36(3) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(i)

C65Art. 36(3) applied (with modifications) (11.1.2008) by Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 (S.R. 2007/506), reg. 29(h)

C67Art. 36(3) applied (with modifications) (6.4.2010) by Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010/54), reg. 10(h)

C68Art. 36(3) applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(1)(h)

C69Art. 36(3) applied (with modifications) (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 5(1)(e)

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