Regulation 9
1. The following provisions of the Order apply for the purposes of these Regulations with the following modifications—
Article of the Order | Modification |
|---|---|
Article 4 (presumptions that food intended for human consumption) | For “this Order” substitute “the Fish Labelling Regulations (Northern Ireland) 2013” |
| Article 19 (offences due to fault of another person) | For “any of the preceding provisions of this Part”, substitute “Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 7 or 8 of those Regulations” |
| Article 20 (defence of due diligence) | In paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, or regulation 6 or 7 of those Regulations” Omit paragraphs (2) to (4) |
| Article 29 (procurement of samples) | In paragraph (b)(ii), after “under Article 34”, insert “as applied by regulation 9 of and the Schedule to the Fish Labelling Regulations (Northern Ireland) 2013” |
Article 30(8) (which relates to documentary evidence) Article 34 (obstruction etc of officers) Article 36 (1) and (2) (punishment of offences) | In paragraph (1), after “Article 34(1)”, insert “as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013” After paragraph (1), insert— “(1A) A person guilty of an offence under Article 9(2), as applied by regulation 4 of the Fish Labelling Regulations (Northern Ireland) 2013, shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.” In paragraph (2)— (a) for “any other offence under this Order”, substitute “an offence under Article 34(2) as applied by regulation 9 of, and the Schedule to, the Fish Labelling Regulations (Northern Ireland) 2013”; (b) in paragraph (b), for “the relevant amount” substitute “the statutory maximum” |
1. For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or traceability requirement, Article 33 of the Order (powers of entry) is modified in its application to these Regulations as follows —
(a)in paragraph (1)(a), after “made under it” insert “, or of a consumer information requirement or a traceability requirement”;
(b)after paragraph (9), insert—
“(10) In this Article, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 3(1) of the Fish Labelling Regulations (Northern Ireland) 2013.”.