PART 4Miscellaneous provisions

Application of various Articles of the Order20.

(1)

The following provisions of the Order shall apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

  • Article 4 (presumptions that food intended for human consumption);

  • Article 19 (offences due to fault of another person);

  • Article 20 (defence of due diligence);

  • Article 29 (procurement of samples);

  • Article 30(8) (documentary evidence);

  • Article 3318 (powers of entry);

  • Article 43 (protection of public analyst acting in good faith); and

  • Article 45 (expenses of authorised officers);

(2)

The modifications are—

(a)

construe any reference in the provisions specified in paragraph (1) to the Order (or a Part of the Order) as a reference to these Regulations, and also, in relation to Article 33(1)(a), construe the reference to “the provisions of this Order” as a reference to the provisions mentioned in Schedules 1 and 2;

(b)

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

(c)

in relation to Article 19, construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);

(d)

in relation to Article 20(2), replace the words “Article 13 or 14” with the words “these Regulations”;

(e)

in relation to Article 29—

(i)

in paragraph (b)(ii), construe the reference to Article 33 as including a reference to Article 33 as applied to these Regulations by paragraph (1); and

(ii)

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

(f)

in relation to Article 30(8)(a), omit the words “under paragraph (6)”;

(g)

in relation to Article 33—

(i)

in paragraph (1)(a), omit the words “, or of regulations or orders made under it”;

(ii)

in paragraph (5), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1);

(iii)

in paragraph (6), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1) and construe the reference to “a food business” as including a hatchery;

(iv)

in paragraph (7)(a), omit the words “or of regulations or orders made under it”; and

(v)

in paragraph (8), construe the reference to the Article as including a reference to that Article as applied to these Regulations by paragraph (1).