The Cosmetic Products (Safety) Regulations 2004

Contravention of Regulations 5(7) to 5(13)

14.—(1) Any person who contravenes regulation 5(7), 5(8), 5(9),5(10), 5(11),5(12) or 5(13) or causes or permits another person to contravene those regulations, shall be guilty of an offence.

(2) Any person guilty of an offence under paragraph (1) above shall be liable, on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months and, on conviction on indictment, to a fine or to imprisonment not exceeding six months.

(3) Where an offence under paragraph (1) committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to any neglect on his part,

the officer as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(4) In paragraph (3), “officer” in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(5) If the affairs of the body corporate are managed by its members, paragraph (3) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6) Where an offence under paragraph (1) committed by a partnership in Scotland is proved—

(a) to have been committed with the consent and connivance of the partner, or

(b) to be attributable to any neglect on his part,

the partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.

(7) In paragraph (6), partner includes a person purporting to act as a partner.