Application of various provisions of the Act
39.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modifications mentioned in paragraph (2)—
section 3 (presumptions that food intended for human consumption);
section 20 (offences due to fault of another person);
section 21(1) (defence of due diligence);
section 29 (procurement of samples);
section 30(8) (documentary evidence);
section 44 (protection of officers acting in good faith); and
section 46(1) (expenses of authorised officers).
(2) The modifications are—
(a)any reference in the provisions specified in paragraph (1) to the Act (or a Part of the Act) must be construed as a reference to these Regulations;
(b)any reference in the provisions specified in paragraph (1) to an authorised officer, or an officer of an enforcement authority or food authority, must be construed as a reference to an authorised officer as defined in regulation 3(1) of these Regulations;
(c)in relation to section 20, the reference to that section must be construed as including a reference to that section as applied to these Regulations by paragraph (1);
(d)in relation to section 21(2), the words “section 14 or 15 above” must be replaced with the words “these Regulations”;
(e)in relation to section 29—
(i)in paragraph (b)(ii), the reference to section 32 must be construed as including a reference to regulation 20 of these Regulations; and
(ii)in paragraph (d), the omission of the words “or of regulations or orders made under it”;
(f)in relation to section 30(8)(a), the omission of the words “under subsection (6) above”; and
(g)in relation to section 44, any reference to a food authority must be construed as a reference to an enforcement authority.
Section 21(2) was amended by S.I. 2004/3279.