The following Corporate Crime guidance note Produced in partnership with Richard Heller of Drystone Chambers provides comprehensive and up to date legal information covering:
By Regulation 19(1) of the Food Safety and Hygiene (England) Regulations 2013, SI 2013/2996, ((FSH(E)R 2013, SI 2013/2996, reg 19(1)), ‘any person who contravenes or fails to comply with the specified EU provisions commits an offence’.
The specified provisions are contained in FSH(E)R 2013, SI 2013/2996, Sch 2 and relate mainly to Regulation (EC) 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs and Regulation (EC) 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.
Offences contrary to Regulation 19(1) are either-way offences that can be tried in the magistrates' court or the Crown Court.
A person will be considered not to have contravened or failed to comply with the specified provisions of Regulation (EC) No 853/2004 if certain requirements are not complied with, as set out in FSH(E)R 2013, SI 2013/2996, Sch 3 and FSH(E)R 2013, SI 2013/2996, Sch 7.
In most cases, issues of non-compliance will be dealt with in the magistrates' court unless the breaches are particularly serious and the court is satisfied that its powers of punishment are insufficient.
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