The Smoke Flavourings (England) Regulations 2005

Application of various provisions of the Food Safety Act 1990

6.  The following provisions of the Act shall apply for the purposes of these Regulations and Regulation 2065/2003 as they apply for the purposes of the Act —

(a) section 3 (presumption that food is intended for human consumption);

(b) section 20 (offences due to the fault of another person);

(c) section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15 of that Act);

(d) section 22 (defence of publication in the course of business);

(e) section 30(8) (which relates to documentary evidence);

(f) section 33(1) (obstruction, etc. of officers);

(g) section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (f);

(h) section 35(1) (punishment of offences)(1) insofar as it relates to offences under section 33(1) as applied by sub–paragraph (f);

(i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (g);

(j) section 36 (offences by bodies corporate); and

(k) section 44 (protection of officers acting in good faith).

(1)

Section 35(1) is amended by s. 280(2) and Schedule 26 of the Criminal Justice Act 2003 from a date to be appointed.