SCHEDULE 4Application and modification of provisions of the Act

PART 5Application and modification of other provisions of the Act

Column 1

Provision of the Act

Column 2

Modifications

Section 3 (presumptions that food intended for human consumption)

In subsection (1), for “this Act” substitute “the Food Information (Wales) Regulations 2014”

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 12(1) of the Food Information (Wales) Regulations 2014, or regulation 10 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 12(1) of the Food Information (Wales) Regulations 2014, or regulation 10 of those Regulations”

In subsection (2), for “section 14 or 15 above” substitute “regulation 10 of the Food Information (Wales) Regulations 2014”

Section 22 (defence of publication in the course of business)

For “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Wales) Regulations 2014”

Section 29 (procurement of samples)

In paragraph (b)(ii), after “under section 32 below”, insert “, including under section 32 as applied and modified by regulation 12(2) of, and Part 2 of Schedule 4 to, the Food Information (Wales) Regulations 2014”

Section 30(8) (which relates to evidence of certificates given by a food analyst or examiner)

For “this Act” substitute “the Food Information (Wales) Regulations 2014”

Section 33 (obstruction etc. of officers)

In subsection (1), for “this Act” (in each place occurring) substitute “the Food Information (Wales) Regulations 2014”

Section 35(1)18 and (2) (punishment of offences)

In subsection (1), after “section 33(1) above”, insert “, as applied and modified by regulation 12(5) of, and Part 5 of Schedule 4 to, the Food Information (Wales) Regulations 2014,”

After subsection (1), insert—

“(1A)

A person guilty of an offence under section 10(2), as applied by regulation 12(1) of the Food Information (Wales) Regulations 2014, shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”

In subsection (2)—

  1. (a)

    for “any other offence under this Act” substitute “an offence under section 33(2), as applied by regulation 12(5) of, and Part 5 of Schedule 4 to, the Food Information (Wales) Regulations 2014,”; and

  2. (b)

    in paragraph (b), for “relevant amount” substitute “statutory maximum”

Section 36 (offences by body corporate)

In subsection (1), for “this Act” substitute “section 10(2), as applied by regulation 12(1) of the Food Information (Wales) Regulations 2014, or regulation 10 of those Regulations,”

Section 36A19 (offences by Scottish partnerships)

For “this Act” substitute “section 10(2), as applied by regulation 12(1) of the Food Information (Wales) Regulations 2014, or regulation 10 of those Regulations,”

Section 44 (protection of officers acting in good faith)

For “this Act” (in each place occurring) substitute “the Food Information (Wales) Regulations 2014”