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The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018

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This is the original version (as it was originally made).

Enforcement authorities

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6.—(1) The Secretary of State must execute and enforce the provisions of the EU Regulations and these Regulations directly or ensure that they are executed and enforced.

(2) The Secretary of State may appoint enforcement authorities in respect of specified areas.

(3) An enforcement authority appointed under paragraph (2) must execute and enforce the provisions of the EU Regulations and these Regulations specified in the terms of its appointment.

(4) For the purposes of these Regulations any of the following is eligible for appointment as an enforcement authority—

(a)in England, Scotland and Wales, an authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990(1);

(b)in Northern Ireland, a district council within the meaning of the Interpretation Act (Northern Ireland) 1954(2).

(5) Where an enforcement authority is appointed under paragraph (2), the appointment shall operate in relation to its area only.

(6) Paragraph (5) does not apply where an enforcement authority is so appointed for the purpose of Article 37(1)(a) or, in relation to any authorised officer, where consent is granted under regulation 8(3).

(7) The appointment of an enforcement authority under paragraph (2) does not preclude the Secretary of State from exercising enforcement powers in the area of that authority.

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