Application of various provisions of the Food Safety Act 199021

1

The following provisions of the Food Safety Act 1990 M1 apply for the purposes of these Regulations with the modifications specified in paragraph (2)—

a

section 3 (presumptions that food intended for human consumption);

b

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

c

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

d

section 29 (procurement of samples);

e

section 30(8) (documentary evidence);

f

section 44 (protection of officers acting in good faith); and

g

section 46(1) (expenses of authorised officers).

2

The modifications are—

a

construe any reference in the provisions specified in paragraph (1) to the Food Safety Act 1990 (or a Part or section of that Act) as a reference to these Regulations;

b

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

c

in relation to section 29—

i

in paragraph (b)(ii), construe the reference to section 32 as a reference to these Regulations; and

ii

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

d

in relation to section 30(8)(a), omit “under subsection (6) above”; and

e

in relation to section 44(2), (3) and (4), construe any reference to a food authority as a reference to an enforcement authority.