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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.