SCHEDULEApplication and modification of the Order
PART 1General
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 |
Article 19 (offences due to fault of another person) | For “any of the preceding provisions of this Part”, substitute |
Article 20 (defence of due diligence) | In paragraph (1), for “any of the preceding provisions of this Part” substitute Omit paragraphs (2) to (4) |
Article 29 (procurement of samples) | In paragraph (b)(ii), after “under Article 34”, insert |
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 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 (b) in paragraph (b), for “the relevant amount” substitute |
PART 2Powers of entry
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.