Application of the Food Safety Act 19907

The following provisions of the Food Safety Act 1990 apply for the purposes of these Regulations, with reference in those provisions to the Act or a Part of it being construed as a reference to these Regulations—

a

section 20 (offences due to fault of another person);

b

section 21(1), (5) and (6) (defence of due diligence);

c

section 33 (obstruction etc of officers);

d

section 34 (time limit for prosecutions), with the modification that—

i

the time limit referred to in section 34(b) shall be 1 year from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings came to the knowledge of the prosecutor; and

ii

the reference to section 35(2) shall be construed as a reference to regulation 6 of these Regulations;

e

section 35(1) to (3) (punishment of offences), in so far as it relates to offences under section 33 as applied by sub-paragraph (c);

f

section 36 (offences by bodies corporate);

g

section 36A M1 (offences by Scottish partnerships); and

h

section 44 (protection of officers acting in good faith).