The Milk (Special Designations) (Scotland) Order 1988
24. After article 19 of the said Order there shall be inserted the following articles:–
“Penalties
19A. A person guilty of an offence under this Order is liable–
(a)on summary conviction to a fine not exceeding the statutory maximum; and
(b)on conviction on indictment to a fine or imprisonment for a term not exceeding two years or to both.
Time Limits for prosecutions
19B. No prosecution for an offence under this Order shall be begun after the expiry of–
(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecutor, whichever is the earlier.
Application of provisions of the Food Safety Act 1990
19C. The following provisions of the Act shall apply for the purposes of this Order as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to this Order:–
section 2 (extended meaning of “sale” etc.);
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21 (defence of due diligence);
section 22 (defence of publication in the course of business);
section 33 (obstruction etc. of officers);
section 36 (offences by bodies corporate); and
section 44 (protection of officers acting in good faith).”.