The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

Defences of fault of another person, mistake etc and export

34.—(1) Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person is guilty of the offence and may be convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

(2) In any proceedings for an offence under these Regulations it shall, subject to paragraph (3), be a defence to prove–

(a) that the commission of the offence was due to a mistake, or to reliance on information supplied by another person, or to the act or default of another person, or to an accident or some other cause beyond the accused’s control; and

(b) that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by the accused or any other person under the accused’s control.

(3) If in any case the defence provided by paragraph (2) involves the allegation that the commission of the offence was due to the 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 7 days before the trial diet (not being a notional trial diet); or

(b) a date 28 days after the first appearance of the accused before a court in connection with the alleged offence,

the accused has served on the prosecutor a notice in writing giving such information as the accused may have to identify or assist in identifying that other person.

(4) In any proceedings in which it is alleged that a material has contravened or failed to comply with the requirements of specified feed law it is a defence for the accused to prove that the material in respect of which the offence was alleged to have been committed–

(a) was feed to which Article 25 of Regulation 183/2005 applies; and

(b) could lawfully be exported in accordance with the requirements of Article 12 of Regulation 178/2002.