Textual Amendments
F1Sch. inserted (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), reg. 1(3), Sch. 3 para. 4(c) (as amended (1.3.2017) by The Food for Specific Groups (Information and Compositional Requirements) (England) (Amendment) Regulations 2017 (S.I. 2017/62), regs. 1(3), 4)
1. For section 10(1) (improvement notices) substitute—U.K.
“(1) If an authorised officer of an enforcement authority in England has reasonable grounds for believing that a person is failing to comply with regulation 3 of the Infant Formula and Follow-on Formula (England) Regulations 2007, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”.
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—U.K.
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 3 of the Infant Formula and Follow-on Formula (England) Regulations 2007; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. Section 32(9) does not apply.U.K.
4. In section 35, after subsection (1A), insert—U.K.
“(1B) A person guilty of an offence under section 10(2), as applied by regulation 28A(1) of the Infant Formula and Follow-on Formula (England) Regulations 2007, is liable, on summary conviction, to a fine.”.
5. For section 37(1) (appeals) substitute—U.K.
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 28A(1) of, and Part 1 of the Schedule to, the Infant Formula and Follow-on Formula (England) Regulations 2007, may apply to the First-tier Tribunal”.
6. Section 37(2) does not apply.U.K.
7. For section 37(3) substitute—U.K.
“(3) The appeals procedure under the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”.
8. For section 37(5) substitute–U.K.
“(5) The notice of appeal period under rule 22 of the Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009 applies to appeals made under subsection (1)”.
9. In section 37(6)—U.K.
(a)for “(3) or (4)” substitute “(1)”, and
(b)in paragraph (a), for “magistrates’ court or to the sheriff” substitute “the First-tier Tribunal”.
10. For section 39(1) (appeals against improvement notices) substitute—U.K.
“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 28A(1) of, and Part 1 of the Schedule to, the Infant Formula and Follow-on Formula (England) Regulations 2007, the First-tier Tribunal may either cancel of affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the First-tier Tribunal may in the circumstances think fit.”.”
11. In section 39(3), omit “for want of prosecution”.]U.K.