SCHEDULEApplication and modification of the Act
PART 1General
1
The following provisions of the Act apply for the purposes of these Regulations with the following modifications—
Section of the Act | Modification |
---|---|
Section 3 (presumptions that food intended for human consumption) Section 30(8)16 (which relates to evidence of certificates given by a food analyst or examiner) Section 33 (obstruction etc of officers) Section 44 (protection of officers acting in good faith) | In these sections, for “this Act”, in each place occurring, substitute “the Fish Labelling (Wales) Regulations 2013” |
Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part”, substitute “section 10(2), as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, or regulation 8 or 9 of those Regulations” |
Section 2117 (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “section 10(2), as applied by regulation 5 of the Fish Labelling (Wales) Regulations 2013, or regulation 8 or 9 of those Regulations” Omit subsections (2) to (4) |
Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below”, insert “as applied by regulation 13 of, and the Schedule to, the Fish Labelling (Wales) Regulations 2013” |
Section 3518 (punishment of offences) | In subsection (1), after “section 33(1) above”, insert “as applied by regulation 11 of, and the Schedule to, the Fish Labelling (Wales) Regulations 2013” |
After subsection (1), insert—
| |
In subsection (2)—
| |
Omit subsections (3) and (4) | |
Section 36 (offences by bodies corporate) | For “this Act”, substitute “section 10(2) as applied by regulation 7 of the Fish Labelling (Wales) Regulations 2013 or regulation 8 or 9 of those Regulations” |
PART 2Powers of entry
2
For the purpose of enabling an authorised officer of an enforcement authority to ascertain whether there is, or has been, any contravention of a consumer information requirement or a traceability requirement, section 32 of the Act19 (powers of entry) is modified in its application to these Regulations as follows—
a
in subsection (1)(a), after “made under it” insert “, or of a consumer information requirement or a traceability requirement”;
b
after subsection (9), insert—
10
In this section, “consumer information requirement” and “traceability requirement” have the meanings given by regulation 4(1) of the Fish Labelling (Wales) Regulations 2013.