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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 modifications that paragraphs (2) to (4) shall apply in relation to an offence under regulation 3(1)(b) as they apply in relation to an offence under Article 13 or 14 and that in paragraph (4)(b) the references to “sale or intended sale” shall deemed to be references to “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);
Commencement Information
I1Reg. 5 in operation at 3.8.2007, see reg. 1
S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 No.482 and S.R. 2004 No.505
Article 20 was amended by S.R. 2004 No.505
Article 32(3) was amended by S.R. 2004 No.505
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