The Food Information (Scotland) Regulations 2014

Application of provisions of the Act

12.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act is to be construed as a reference to these Regulations—

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

(b) section 30(8) (which relates to documentary evidence);

(c) section 33 (obstruction etc. of officers);

(d) section 35(1) (punishment of offences)(1) insofar as it relates to offences under section 33(1) and section 35(2) and (3)(2) insofar as they relate to offences under section 33(2), all as applied by paragraph (c);

(e) section 36 (offences by bodies corporate);

(f) section 36A (offences by Scottish partnerships)(3); and

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

(2) The following provisions of the Act apply for the purposes of these Regulations with the modifications specified—

(a) section 20 (offences due to fault of another person) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014”;

(b) section 21 (defence of due diligence)(4)—

(i) in subsection (1) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014; and

(ii) subsections (2) to (4) apply in relation to an offence under regulation 10 as they apply in relation to an offence under section 14 or 15;

(c) section 22 (defence of publication in the course of business) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014”.

(3) In section 32 (powers of entry) the modifications in sub-paragraphs (a) and (b) below apply for the purposes in sub-paragraph (c)—

(a) in section 32(1)(a) for “this Act, or of regulations or orders made under it” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision to consumers specified in Schedule 3 to the Food Information (Scotland) Regulations 2014”;

(b) omit section 32(1)(c);

(c) the purposes are enabling an authorised officer of a food authority—

(i) to exercise a power of entry to ascertain whether there is, or has been, any contravention of a specified FIC provision;

(ii) to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and

(iii) where exercising a power of entry under the applied section 32 provisions, to exercise the associated powers in subsections (5) and (6) relating to records;

(d) this paragraph is without prejudice to the application of the provisions of the Act for purposes other than those specified; and

(e) the purposes in (c) do not include any powers of entry relating to a contravention of Article 9(1)(e) of FIC.

(1)

Section 35(1) is amended by the Criminal Justice Act 2003 (c.44), Schedule 26, paragraph 42, from a date to be appointed.

(2)

Section 35(3) was amended by S.I. 2004/3279.

(3)

Section 36A was inserted by paragraphs 7 and 16 of Schedule 5 to the Food Standards Act 1999 (c.28).

(4)

Section 21 was amended by S.I. 2004/3279.