The Drinking Milk (Wales) Regulations 2010

Application of provisions of the 1990 Act

7.—(1) The provisions of the 1990 Act set out in paragraph (3) apply for the purposes of these Regulations.

(2) For the purposes of these Regulations, any reference in those provisions to the 1990 Act or to a Part of the 1990 Act must be construed as a reference to these Regulations.

(3) The provisions are—

(a) section 2 (extended meaning of “sale” etc.)(1);

(b) section 3 (presumptions that food intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence)(2);

(e) sub-section (8) of section 30 (analysis etc. of samples);

(f) section 33 (obstruction etc. of officers);

(g) sub-sections (1) to (3) of section 35 (punishment of offences) in so far as the sub-sections relate to offences under sub-sections (1) and (2) of section 33(3);

(h) section 36 (offences by bodies corporate); and

(i) section 44 (protection of officers acting in good faith).

(1)

Section 2 is amended by section 40(1) of, and Schedule 5, paragraphs 7 and 8, to, the Food Standards Act 1999 (c. 28).

(2)

Section 21 is amended by S.I. 2004/3279.

(3)

Section 35(3) is amended by S.I. 2004/3279.