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Food Safety Act 1990, Section 36A is up to date with all changes known to be in force on or before 09 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Where an offence under this Act which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he, as well as the partnership shall be deemed to be guilty of that offence and liable to be proceeded against and punished accordingly.]
Textual Amendments
F1S. 36A inserted (1.4.2000) by 1999 c. 28, s. 40(1), Sch. 5 para. 16 (with ss. 38, 40(2)); S.I. 2000/1066, art. 2
Modifications etc. (not altering text)
C1S. 36A applied (with modifications) (S.) (17.3.2001) by S.S.I. 2001/38, reg. 10
S. 36A applied (with modifications): (S.) (8.3.2002) by S.S.I. 2002/50, reg. 6(j); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/148, regs. 1(1), 5(1)(g) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/424, reg. 7); (S.) (25.3.2002 at 1700 hours) by S.S.I. 2002/149, regs. 1(1), 5(1)(g) (which S.S.I. was revoked (13.9.2002) by S.S.I. 2002/425, reg. 7); (S.) (4.4.2002) by S.S.I. 2002/179, reg. 6(1)(h); (S.) (24.6.2002) by virtue of S.S.I. 2002/300, reg. 5(1)(f); (S.) (1.7.2002) by S.S.I. 2002/267, reg. 7(1)(h); (S.) (13.9.2002) by S.I. 2002/424, reg. 5(1)(e) and S.I. 2002/425, reg. 5(1)(e); (S.) (23.9.2002 for certain purposes and otherwise 1.4.2004) by S.S.I. 2002/397, regs. 1(2)(3), 8(j); (S.) (1.1.2003) by S.S.I. 2002/523, reg. 5(1)(j)
C2S. 36A applied (with modifications) (S.) (28.3.2003) by The Fish Labelling (Scotland) Regulations 2003 (S.S.I. 2003/145), regs.1(1), 10(i)
C3S. 36A applied (with modifications) (S.) (1.7.2003) by Contaminants in Food (Scotland) Regulations 2003 (S.S.I. 2003/289), regs. 1(1), 7(1)(h)
C4S. 36A applied (with modifications) (12.7.2003) by Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 (S.S.I. 2003/293), regs. 1(1), 10(j)
C5S. 36A applied (with modifications) (17.7.2003) by Condensed Milk and Dried Milk (Scotland) Regulations 2003 (S.S.I. 2003/311), regs. 1(1), 10(1)(j) (with reg. 3)
C6S. 36A applied (with modifications) (3.8.2003) by The Cocoa and Chocolate Products (Scotland) Regulations 2003 (S.S.I. 2003/291), regs. 1, 11(j) (with reg. 4)
C7S. 36A applied (with modifications) (9.8.2003) by Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/382), regs. 1(1), 6(1)(e)
C8S. 36A applied (with modifications) (27.8.2003) by Food (Brazil Nuts) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/396), regs. 1(1), 5(1)(e)
C9S. 36A applied (with modifications) (30.9.2003) by Food (Pistachios from Iran) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/414), regs. 1(1), 5(1)(e)
C10S. 36A applied (with modifications) (30.9.2003) by Food (Peanuts from Egypt) (Emergency Control) (Scotland) Regulations 2003 (S.S.I. 2003/418), regs. 1(1), 5(1)(e)
C11S. 36A applied (with modifications) (28.11.2003) by Specified Sugar Products (Scotland) Regulations 2003 (S.S.I. 2003/527), regs. 1(1), 9 (with reg. 10)
C12S. 36A applied (with modifications) (18.12.2003) by Honey (Scotland) Regulations 2003 (S.S.I. 2003/569), regs. 1(1), 10(j) (with regs. 3, 11)
C13S. 36A applied (with modifications) (4.2.2004) by Meat Products (Scotland) Regulations 2004 (S.S.I. 2004/6), regs. 1(1), 9(1)(j)
C14S. 36A applied (with modifications) (14.2.2004) by Food (Chilli and Chilli Products) (Emergency Control) (Scotland) Regulations 2004 (S.S.I. 2004/56), regs. 1(1), 6(1)(e)
C15S. 36A applied (with modifications) (16.4.2004) by Food (Jelly Mimi-Cups) (Emergency Control) (Scotland) Regulations 2004 (S.S.I. 2004/187), regs. 1(1), 6(h)
C16S. 36A applied (with modifications) (28.4.2004) by Jam and Similar Products (Scotland) Regulations 2004 (S.S.I. 2004/133), regs. 1(1), 10(j)
C17S. 36A applied (with modifications) (15.11.2004) by Genetically Modified Food (Scotland) Regulations 2004 (S.S.I. 2004/432), regs. 1(1), 6(1)(k)
C18S. 36A applied (with modifications) (25.12.2004) by Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525), regs. 1(1), 7(1)(h)
C19S. 36A applied (with modifications) (1.1.2005) by General Food Regulations 2004 (S.I. 2004/3279), regs. 1, 7(1)(h)
C20S. 36A applied (with modifications) (1.2.2005) by Food Labelling (Added Phytosterols or Phytostanols) (Scotland) Regulations 2005 (S.S.I. 2005/1), regs. 1(1), 10(1)(h)
C21S. 36A amendment to earlier affecting provision SI 1995/77 reg. 23 (6.3.2005) by Infant Formula and Follow-on Formula Amendment (Scotland) Regulations 2004 (S.S.I. 2004/7), regs. 1(1), 9
C22S. 36A applied (with modifications) (6.3.2005) by Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004 (S.S.I. 2004/8), regs. 1(1), 12(j)
C23S. 36A applied (with modifications) (26.3.2005) by Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005 (S.I. 2005/404), regs. 1, 8(i)
C24S. 36A applied (with modifications) (29.4.2005) by Materials and Articles in Contact with Food (England) Regulations 2005 (S.I. 2005/898), regs. 1, 14(1)(h)
C25S. 36A applied (with modifications) (11.5.2005) by Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Scotland) Regulations 2005 (S.S.I. 2005/218), regs. 1(1), 8(g)
C26S. 36A applied (with modifications) (21.5.2005) by Materials and Articles in Contact with Food (Scotland) Regulations 2005 (S.S.I. 2005/243), regs. 1(1), 14(1) (with reg. 3)
C27S. 36A applied (with modifications) (1.6.2005) by Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (Wales) Regulations 2005 (S.I. 2005/1397), art. 1reg. 8(i)
C28S. 36A applied (with modifications) (2.6.2005) by Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (England) Regulations 2005 (S.I. 2005/1442), regs. 1(1), 5(1)(g)
C29S. 36A applied (with modifications) (2.6.2005) by Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (Scotland) Regulations 2005 (S.S.I. 2005/294), regs. 1(1), 6(1)(e)
C30S. 36A applied (with modifications) (10.6.2005) by The Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) (Wales) Regulations 2005 (S.I. 2005/1540), regs. 1(1), 5(1)(g)
C31S. 36A applied (with modifications) (24.6.2005) by The Materials and Articles in Contact with Food (Wales) Regulations 2005 (S.I. 2005/1647), regs. 1, 14(1)(h) (with reg. 3)
C32S. 36A applied (with modifications) (1.7.2005) by Eggs (Marketing Standards) (Enforcement) (Scotland) Regulations 2005 (S.S.I. 2005/332), regs. 1(1), 15(1)(g)
C33S. 36A applied (with modifications) (1.8.2005) by Food Supplements (Scotland) Regulations 2003 (S.S.I. 2003/278), regs. 1(1), 11(j) (with regs. 3, 5)
C34S. 36A applied (with modifications) (7.11.2005) by Bovine Products (Restriction on Placing on the Market) (Scotland) Regulations 2005 (S.S.I. 2005/470), regs. 1(1), 5(g)
C35S. 36A applied (with modifications) (7.11.2005) by Bovine Products (Restriction on Placing on the Market) (England) Regulations 2005 (S.I. 2005/2719), regs. 1, 4(i)
C36S. 36A applied (with modifications) (7.11.2005) by The Bovine Products (Restriction on Placing on the Market) (Wales) Regulations 2005 (S.I. 2005/3051), regs. 1, 4(i)
C37S. 36A applied (with modifications) (11.11.2005) by The Tryptophan in Food (Wales) Regulations 2005 (S.I. 2005/3111), regs. 1, 8(k)
C38S. 36A applied (with modifications) (11.11.2005) by Tryptophan in Food (England) Regulations 2005 (S.I. 2005/2630), regs. 1, 8(k)
C39S. 36A applied (with modifications) (11.11.2005) by Tryptophan in Food (Scotland) Regulations 2005 (S.S.I. 2005/479), regs. 1(1), 8(i)
C40S. 36A applied (with modifications) (1.1.2006) by Bovine Products (Restriction on Placing on the Market) (Scotland) (No. 2) Regulations 2005 (S.S.I. 2005/586), regs. 1(1), 5
C41S. 36A applied (with modifications) (1.1.2006) by The Bovine Products (Restriction on Placing on the Market) (Wales) (No.2) Regulations 2005 (S.I. 2005/3296), regs. 1, 4(i)
C42S. 36A applied (with modifications) (1.1.2006) by Bovine Products (Restriction on Placing on the Market) (England) (No.2) Regulations 2005 (S.I. 2005/3068), regs. 1, 4(i)
C43S. 36A applied (with modifications) (1.1.2006) by Contaminants in Food (Scotland) Regulations 2005 (S.S.I. 2005/606), regs. 1(1), 6(1)(h)
C44S. 36A applied (with modifications) (20.5.2006) by Ceramic Articles in Contact with Food (Scotland) Regulations 2006 (S.S.I. 2006/230), regs. 1(2), 7
C45S. 36A applied (with modifications) (20.5.2006) by Ceramic Articles In Contact With Food (England) Regulations 2006 (S.I. 2006/1179), regs. 1(1), 7(g)
C46S. 36A applied (with modifications) (30.6.2006) by Ceramic Articles in Contact with Food (Wales) Regulations 2006 (S.I. 2006/1704), regs. 1(1), 7(1)(g)
C47S. 36A applied (30.6.2006) by Plastic Materials and Articles in Contact with Food (England) Regulations 2006 (S.I. 2006/1401), regs. 1, 21(d)
C48S. 36A applied (with modifications) (1.7.2006) by Contaminants in Food (Scotland) Regulations 2006 (S.S.I. 2006/306), regs. 1(1), 5(1)(h)
C49S. 36A applied (with modifications) (18.10.2006) by Curd Cheese (Restrictions on Placing on the Market) (Wales) Regulations 2006 (S.I. 2006/2792), regs. 1, 4(i)
C50S. 36A applied (with modifications) (18.10.2006) by Curd Cheese (Restriction on Placing on the Market) (England) Regulations 2006 (S.I. 2006/2787), regs. 1, 4(i)
C51S. 36A applied (with modifications) (20.10.2006) by Curd Cheese (Restriction on Placing on the Market) (Scotland) Regulations 2006 (S.S.I. 2006/512), regs. 1(1), 4(f)
C52S. 36A applied (with modifications) (9.11.2006) by Rice Products (Restriction on First Placing on the Market) (Wales) Regulations 2006 (S.I. 2006/2923), regs. 1, 5(i)
C53S. 36A applied (with modifications) (9.11.2006) by Rice Products (Restriction on First Placing on the Market) (England) Regulations 2006 (S.I. 2006/2921), regs. 1, 5(i)
C54S. 36A applied (with modifications) (10.11.2006) by Rice Products (Restriction on First Placing on the Market) (Scotland) Regulations 2006 (S.S.I. 2006/542), regs. 1(1), 6(1)(f)
C55S. 36A applied (19.11.2006) by Plastic Materials and Articles in Contact with Food (Scotland) (No.2) Regulations 2006 (S.S.I. 2006/517), regs. 1(1), 22(e)
C56S. 36A applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (Wales) Regulations 2007 (S.I. 2007/389), art. 10(j)reg. 1(2)
C57S. 36A applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (England) Regulations 2007 (S.I. 2007/191), regs. 1(b), 10(j)
C58S. 36A applied (with modifications) (1.3.2007) by Contaminants in Food (Scotland) Regulations 2007 (S.S.I. 2007/29), regs. 1(1), 5(1)(h)
C59S. 36A applied (with modifications) (1.3.2007) by Contaminants in Food (England) Regulations 2007 (S.I. 2007/210), regs. 1, 5(1)(j)
C60S. 36A applied (with modifications) (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007 (S.S.I. 2007/37), regs. 1(1), 7(j)
C61S. 36A applied (with modifications) (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 (S.I. 2007/181), regs. 1(b), 7(l)
C62S. 36A applied (with modifications) (15.3.2007) by Contaminants in Food (Wales) Regulations 2007 (S.I. 2007/840), regs. 1, 5(1)(j) (with art. 3)
C63S. 36A applied (with modifications) (1.4.2007) by Notification of Marketing of Food for Particular Nutritional Uses (Wales) Regulations 2007 (S.I. 2007/1040), regs. 1(b), 7(l)
C64S. 36A applied (with modifications) (2.8.2007) by Food (Suspension of the Use of E 128 Red 2G as Food Colour) (England) Regulations 2007 (S.I. 2007/2266), regs. 1, 5(i)
C65S. 36A applied (with modifications) (3.8.2007) by Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Scotland) Regulations 2007 (S.S.I. 2007/363), regs. 1, 5
C66S. 36A applied (with modifications) (3.8.2007) by Food (Suspension of the Use of E 128 Red 2G as Food Colour) (Wales) Regulations 2007 (S.I. 2007/2288), regs. 1, 5(i)
C67S. 36A applied (with modifications) (7.8.2007) by The Food (Suspension of the use of E 128 Red 2G as Food Colour) (Wales) (No.2) Regulations 2007 (No. 2315), regs. 1, 5(i)
C68S. 36A applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (England) Regulations 2007 (S.I. 2007/1631), regs. 1, 5(i)
C69S. 36A applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 (S.I. 2007/1984), regs. 1, 5(i)
C70S. 36A applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007 (S.S.I. 2007/325), regs. 1(1), 5(i)
C71S. 36A applied (with modifications) (22.8.2007) by Eggs and Chicks (England) Regulations 2007 (S.I. 2007/2245), regs. 1(2), 21 (with reg. 1(4)(5))
C72S. 36A applied (with modifications) (1.10.2007) by Nutrition and Health Claims (England) Regulations 2007 (S.I. 2007/2080), regs. 1, 6(i)
C73S. 36A applied (with modifications) (1.10.2007) by Nutrition and Health Claims (Scotland) Regulations 2007 (S.S.I. 2007/383), regs. 1(1), 6(i)
C74S. 36A applied (with modifications) (1.10.2007) by Nutrition and Health Claims (Wales) Regulations 2007 (S.I. 2007/2611), regs. 1, 6(i)
C75S. 36A applied (with modifications) (29.10.2007) by Plastic Materials and Articles in Contact with Food (Lid Gaskets) (Scotland) Regulations 2007 (S.S.I. 2007/433), regs. 1(1), 9(e)
C76S. 36A applied (with modifications) (30.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No.2) Regulations 2007 (S.S.I. 2007/483), regs. 1(1), 22(1)(j) (with reg. 3)
C77S. 36A applied (with modifications) (31.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) Regulations 2007 (S.S.I. 2007/435), regs. 1(1), 22(1)(j) (with reg. 3)
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