Offences, penalties and enforcementE+W
9.—(1) If any person contravenes or fails to comply with any of the provisions of these Regulations that person is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(2) Subject to paragraphs (3) and (4), if any person contravenes or fails to comply with a specified Community provision that person is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F1(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) A person will not be considered to have contravened or failed to comply with Article 2 of Regulation 37/2005 if—
(a)the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m3x2 used for storing stock in retail outlets; and
(b)the air temperature in the cold store is measured by an easily visible thermometer.
(5) Each food authority must enforce and execute these Regulations within its area.
Textual Amendments
F1Reg. 9(3) omitted (26.7.2018) by virtue of The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018 (S.I. 2018/806), regs. 1(3), 15(3)