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The Organic Products Regulations 1992

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Enforcement, offences and penalties

6.—(1) Each local authority shall enforce and execute within its area the Specified Community provisions.

(2) Any person who contravenes or fails to comply with any of the Specified Community provisions shall be guilty of an offence and liable on summary conviction in England and Wales and Scotland to a fine not exceeding level 5 on the standard scale and on summary conviction in Northern Ireland to a fine not exceeding £2000.

(3) For the purposes of the enforcement and execution of the Specified Community provisions, the supply of organic products otherwise than on sale, in the course of a business, shall be deemed to be a sale of such products and for those purposes sale shall include possession for sale, or offer or exposure for sale.

(4) For the purposes of the enforcement and execution of the Specified Community provisions in respect of products intended for human consumption within the meaning of Article 1.1(b), any such product commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption.

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