Part IVSpecified Risk Material
Administration and enforcement
Inspection and seizure of suspected food77.
(1)
The following provisions of the Food Safety Act 1990 shall apply for the purposes of this Part of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and, unless the context otherwise requires, any reference in them to the Act is to be construed as a reference to this Part of these Regulations—
(a)
section 9 (inspection and seizure of suspected food), subject to the modification that it applies to an inspector as it applies to an authorised officer of a food authority;
(b)
section 30(8) (evidence of certificate of analysis or examination); and
(c)
section 44 (protection of officers acting in good faith), subject to the modifications that it applies to a person—
(i)
appointed as an inspector for the purpose of these Regulations by a local authority or the Agency; or
(ii)
designated as an inspector in accordance with regulation 8(2) of the Fresh Meat (Hygiene and Inspection) Regulations 1995, and
as it applies to an authorised officer of a food authority.
(2)
On an inspection for the purposes of this Part of these Regulations of any food intended for human consumption an inspector may certify that the food fails to comply with a provision of this Part.
(3)
Where any food is certified as mentioned in paragraph (2) above it may be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements.