F1SCHEDULE 9MODIFICATION OF THE IMPROVEMENT NOTICE PROVISIONS OF THE ACT
PART 1Modification of section 10(1)
1
For section 10(1) (improvement notices) substitute—
1
If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, 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.
PART 2Modification of section 32(1)
2
For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
a
to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004; 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;
PART 3Modification of section 35
3
In section 35 (punishment of offences), after subsection (1), insert—
1A
A person guilty of an offence under section 10(2), as applied by regulation 10A(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, is liable, on summary conviction, to a fine.
PART 4Modification of section 37(1), (5) and (6)
4
For section 37(1) (appeals) substitute—
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 10A(1) of, and Part 1 of Schedule 9 to, the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, may apply to the magistrates’ court.
5
For section 37(5) substitute—
5
The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
a
one month from the date on which notice of the decision was served on the person desiring to appeal; or
b
the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.
6
In section 37(6)—
a
for “(3) or (4)” substitute “(1)”; and
b
in paragraph (a), omit “or to the sheriff”.
PART 5Modification of section 39(3)
7
In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.
Sch. 9 inserted (2.8.2016) by The Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016 (S.I. 2016/639), reg. 1(3), Sch. 3 para. 3(c)