The Official Feed and Food Controls Regulations (Northern Ireland) 2007

Defence of due diligence

42.—(1) In any proceedings for an offence under these Regulations, it shall, subject to paragraph (2), be a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.

(2) If in any case the defence provided by paragraph (1) involves the allegation that the commission of the offence was due to an act or default of another person, or to reliance on information supplied by another person, the accused shall not, without leave of the court, be entitled to rely on that defence unless —

(a) at least seven clear days before the hearing; and

(b) where he has previously appeared before a court in connection with the alleged offence before the expiration of one month from his first such appearance,

(c) he has served on the prosecution a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.