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33(1)Article 26 (enforcement) shall be amended as follows.
(2)In paragraph (1), for the words “paragraph (1A)” there shall be substituted the words “paragraphs (1A) and (1B)”.
(3)After paragraph (1A) there shall be inserted the following paragraph—
“(1B)The Food Standards Agency shall enforce and execute such provisions of this Order as may be specified by order.”.
(4)In paragraph (2)—
(a)for the words “Department concerned” there shall be substituted the word “Department”; and
(b)for the words “that Department” in both places where they occur there shall be substituted the words “the Department, the Department of Agriculture or the Food Standards Agency”.
(5)After paragraph (3) there shall be inserted the following paragraph—
“(3A)Regulations or orders under paragraph (3) may specify the Food Standards Agency as an authority to enforce and execute them and references in that paragraph to any authority concerned include references to the Food Standards Agency.”.
(6)In paragraph (4)—
(a)for the words “Department concerned” there shall be substituted the word “Department”; and
(b)after the words “district council” there shall be inserted the words “or may direct the Food Standards Agency to do so”.
(7)After paragraph (4) there shall be inserted the following paragraph—
“(4A)The Food Standards Agency may take over the conduct of any such proceedings but (unless the Agency has been directed to do so under paragraph (4)) only with the consent of the district council which instituted them.”.
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