Application of provisions of the ActI14
1
Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 2, for the purposes of—
a
enabling an improvement notice to be served on a person requiring that person to secure compliance with any specified EU law requirement; and
b
making a failure to comply with a notice referred to in sub-paragraph (a) an offence.
2
Section 32(1) to (8) of the Act M1 (powers of entry) applies, with the modifications (in the case of section 32(1)) specified in Part 2 of Schedule 2, for the purposes of enabling an authorised officer of an enforcement authority—
a
to exercise a power of entry to ascertain whether food that does not comply with a specified EU law requirement is, or has been, sold; and
b
to exercise a power of entry to ascertain whether there is any evidence of any contravention of a specified EU law requirement.
3
Section 35 of the Act (punishment of offences) applies, with the modifications specified in Part 3 of Schedule 2, for the purpose of specifying the punishment of an offence committed under section 10(2) as applied by paragraph (1)(b).
4
Section 37 of the Act (appeals) applies, with the modifications specified in Part 4 of Schedule 2, for the purpose of enabling a person to appeal a decision to serve a notice referred to in paragraph (1)(a).
5
Section 39 of the Act (appeals against improvement notices) applies, with the modifications (in the case of section 39(1) and (3)) specified in Part 5 of Schedule 2, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).
6
The provisions of the Act specified in paragraph (7) (“the paragraph (7) provisions”) apply, with the modifications specified in Part 6 of Schedule 2, for the purposes of these Regulations insofar as they relate to the provisions of the Act specified in and modified by paragraphs (1) to (5).
7
The provisions of the Act specified for the purposes of this paragraph are—
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 M2 (defence of due diligence);
d
section 22 (defence of publication in the course of business);
e
section 29 (procurement of samples);
f
section 30 M3 (analysis etc. of samples);
g
section 33 M4 (obstruction etc. of officers);
h
section 36 (offences by bodies corporate);
i
section 36A M5 (offences by Scottish partnerships);
j
section 44 (protection of officers acting in good faith);
k
section 53 (general interpretation);
and any reference in the paragraph (7) provisions to a section of the Act, including a reference to “any of the preceding provisions of this Part”, is to be read as a reference to such sections of the Act that apply by virtue of, and with the modifications made by, these Regulations.