
1 
These regulations may be cited as the Food (Revision of Penalties) Regulations 1982 and shall come into operation on 1st January 1983.
2 
The regulations specified in columns 1 and 2 of Schedule 1 to these regulations are hereby amended—
(a) by deleting everything following the word “liable” from the provision of the regulations specified in column 3 of the said Schedule 1 and substituting for the part of that provision so deleted the words “on summary conviction to a fine not exceeding £1,000”; and
(b) by deleting from the regulations the provision thereof, if any, specified in column 4 of the said Schedule 1.
3 
The regulations specified in columns 1 and 2 of Schedule 2 to these regulations are hereby amended—
(a) by deleting the word “liable” and everything following it from the provision of the regulations specified in column 3 of the said Schedule 2 and substituting for the part of that provision so deleted the following words:—“
liable— 
(a) on summary conviction, to a fine not exceeding £1,000; and
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both
”; and
(b) by deleting from the regulations the provision thereof, if any, specified in column 4 of the said Schedule 2.
4 

(1) The Public Health (Imported Milk) Regulations 1926 are hereby amended—
(a) by inserting as regulation 8 the regulation set out in Part I of Schedule 3 to these regulations, and
(b) by inserting as regulation 9 the regulation set out in Part II of the said Schedule 3.
(2) The Public Health (Shell-Fish) Regulations 1934  are hereby amended—
(a) by inserting as regulation 12(2) the paragraph set out in Part III of the said Schedule 3, the present regulation 12 being consequently renumbered 12(1), and
(b) by inserting as regulation 14 the regulation set out in Part II of the said Schedule 3.
(3) The Food Standards (General Provisions) Order 1944 is hereby amended—
(a) by inserting as article 2A the article set out in Part IV of the said Schedule 3, there being inserted in place of “X” in that article the figure “1”;
(b) by substituting for article 5 the article set out in Part V of the said Schedule 3; and
(c) by deleting article 8.
(4) The Offals in Meat Products Order 1953 is hereby amended—
(a) by inserting as article 4A the article set out in Part IV of the said Schedule 3, there being inserted in place of “X” in that article the figure “3”; and
(b) by inserting as article 6A the article set out in Part V of the said Schedule 3.
5 
Nothing in these regulations shall affect the mode of trial or the punishment for an offence committed before 1st January 1983.
In Witness where of the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 22nd November 1982.
Peter Walker
Minister of Agriculture, Fisheries and Food
Norman Fowler
Secretary of State for Social Services
29th November 1982Nicholas Edwards
Secretary of State for Wales
24th November 1982William Whitelaw
Secretary of State for the Home Department
1st December 1982
SCHEDULE 1
Regulation 2


Column 1 Column 2 Column 3 Column 4
S.I.No. Title Provision amended Provision deleted
1959/831 The Arsenic in Food Regulations 1959 Regulation 5(1) Regulation 6(2)
1959/2106 The Fluorine in Food Regulations 1959 Regulation 5(1) Regulation 7(2)
1960/2331 The Skimmed Milk with Non-Milk Fat Regulation 1960 Regulation 7(1) Regulation 9(2)
1963/1435 The Bread and Flour Regulations 1963 Regulation 34(1) Regulation 36(2)
1964/19 The Meat (Treatment) Regulations 1964 Regulation 5(1) Regulation 6(2)
1964/760 The Soft Drinks Regulations 1964 Regulation 16(1) Regulation 17(2)
1966/1051 The Salad Cream Regulations 1966 Regulation 8(1) Regulation 10(2)
1966/1073 The Mineral Hydrocarbons in Food Regulations 1966 Regulation 6 Regulation 8(2)
1966/1074 The Butter Regulations 1966 Regulation 7(1) Regulation 9(2)
1967/860 The Meat Pie and Sausage Roll Regulations 1967 Regulation 12(1) Regulation 14(2)
1967/861 The Canned Meat Product Regulations 1967 Regulation 13(1) Regulation 15(2)
1967/862 The Sausage and Other Meat Product Regulations 1967 Regulation 10(1) Regulation 12(2)
1967/1582 The Solvents in Food Regulations 1967 Regulation 8(1) Regulation 10(2)
1967/1866 The Ice-Cream Regulations 1967 Regulation 8(1) Regulation 10(2)
1967/1867 The Margarine Regulations 1967 Regulation 11(1) Regulation 13(2)
1968/430 The Fish and Meat Spreadable Products Regulations 1968 Regulation 10(1) Regulation 12(2)
1969/1817 The Artificial Sweeteners in Food Regulations 1969 Regulation 11(1) Regulation 12(2)
1970/94 The Cheese Regulations 1970 Regulation
16(1) Regulation 18(2)
1970/400 The Labelling of Food Regulations 1970 Regulation 30(1) Regulation 32(2)
1970/752 The Cream Regulations 1970 Regulation 12(1) Regulation 14(2)
1973/1340 The Colouring Matter in Food Regulations 1973 Regulation 9(1) Regulation 11(2)
1976/509 The Specified Sugar Products Regulations 1976 Regulation 10(1) Regulation 12(2)
1976/541 The Cocoa and Chocolate Products Regulations 1976 Regulation 16(1) Regulation 18(2)
1976/1832 The Honey Regulations 1976 Regulation 10(1) Regulation 12(2)
1977/691 The Erucic Acid in Food Regulations 1977 Regulation 5(1) Regulation 6(2)
1977/927 The Fruit Juices and Fruit Nectars Regulations 1977 Regulation 12(1) Regulation 14(2)
1977/928 The Condensed Milk and Dried Milk Regulations 1977 Regulation 10(1) Regulation 12(2)
1978/105 The Antioxidants in Food Regulations 1978 Regulation 8(1) Regulation 10(2)
1978/1420 The Coffee and Coffee Products Regulations 1978 Regulation 10(1) Regulation 12(2)
1979/752 The Preservatives in Food Regulations 1979 Regulation 9(1) Regulation 11(2)
1979/1254 The Lead in Food Regulations 1979 Regulation 6(1) Regulation 8(2)
1980/36 The Chloroform in Food Regulations 1980 Regulation 6(1) Regulation 7(2)
1980/1833 The Emulsifiers and Stabilisers in Food Regulations 1980 Regulation 8(1) Regulation 10(3)
1980/1834 The Miscellaneous Additives in Food Regulations 1980 Regulation 7(1) Regulation 9(3)
1980/1849 The Food Labelling Regulations 1980 Regulation 39 Regulation 42(3)
1981/1063 The Jam and Similar Products Regulations 1981 Regulation 16(1) Regulation 18(3)
SCHEDULE 2
Regulation 3


Column 1 Column 2 Column 3 Column 4
S.I. No. Title Provision amended Provision deleted
1959/734  The Ice-Cream (Heat Treatment, etc.) Regulations 1959 Regulation 7 Regulation 10(2)
1960/1602 The Food Hygiene (Docks, Carriers, etc.) Regulations 1960 Regulation 25 —
1963/1229 The Meat Inspection Regulations 1963 Regulation 16(1) —
1963/1503 The Liquid Egg (Pasteurisation) Regulations 1963 Regulation 4(1) Regulation 5(2)
1966/791 The Food Hygiene (Markets, Stalls and Delivery Vehicles) Regulations 1966 Regulation 26 —
1967/385 The Food (Control of Irradiation) Regulations 1967 Regulation 6 Regulation 7(2)
1968/97 The Imported Food Regulations 1968 Regulation 17 Regulation 21(2)
1968/98 The Imported Food (Northern Ireland) Regulations 1968 Regulation 16 —
1970/1172 The Food Hygiene (General) Regulations 1970 Regulation 30 —
1976/1209 The Poultry Meat (Hygiene) Regulations 1976 Regulation 29 —
1977/1805 The Slaughterhouses (Hygiene) Regulations 1977 Regulation 51(1) —
1981/454 The Fresh Meat Export (Hygiene and Inspection) Regulations 1981 Regulation 17(1) —
1982/1018 The Meat (Sterilisation and Staining) Regulations 1982 Regulation 26(1) —
SCHEDULE 3
Regulation 4
PART I
If any person contravenes or fails to comply with any of the foregoing provisions of these regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

PART II
(1) Subject to paragraph (2) of this regulation, the following provisions of the Food and Drugs Act 1955 shall apply for the purposes of these regulations as if references therein to proceedings, or a prosecution, under or taken or brought under that Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an offence under these regulations:—
(a) section 108(3) and (4) (which relates to prosecutions);
(b) section 110(1), (2) and (3) (which relates to evidence of analysis);
(c) section 112 (which relates to the power of a court to require analysis by the Government Chemist);
(d) section 113 (which relates to a contravention due to some person other than the person charged);
(e) section 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence);
(f) section 116 (which relates to offences in relation to warranties and certificates of analysis).
(2) The said section 112 shall apply for the purposes of these regulations as if the reference therein to the said section 108(4) included a reference to that subsection as applied by paragraph (1) of this regulation.
PART III
If any person contravenes paragraph (1) of this regulation he shall be guilty of an offence and shall be liable—
(a) on summary conviction, to a fine not exceeding £1,000; and
(b) on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

PART IV
If any person contravenes article X of this Order he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000.

PART V
(1) In so far as this Order applies to England and Wales, the following provisions of the Food and Drugs Act 1955 shall, subject to paragraph (2) of this article, apply for the purposes of this Order as if references therein to proceedings, or a prosecution, under or taken or brought under that Act included references to proceedings, or a prosecution, as the case may be, taken or brought for an infringement of this Order:—
(a) section 108(3) and (4) (which relates to prosecutions);
(b) section 112 (which relates to the power of the court to require analysis by the Government Chemist);
(c) section 115(2) (which relates to the conditions under which a warranty may be pleaded as a defence);
(d) section 116 (which relates to offences in relation to warranties and certificates of analysis).
(2) The said section 112 shall apply for the purposes of this Order as if the reference therein to the said section 108(4) included a reference to that subsection as applied by paragraph (1) of this article.