(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—


(i) is not to be used for human consumption, and

(ii) either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 1.3 of the Commission Regulation; or



(b) seize the food and remove it in order to have it dealt with by a justice of the peace.

    (3) Where the authorised officer exercises the power conferred by subsection (2)(a) above, the authorised officer is, as soon as is reasonably practicable and in any event within 21 days, to determine whether or not the authorised officer is satisfied that the food complies with the requirements referred to in regulation 3(1)(a) of the above Regulations, as appropriate and—

(a) if the authorised officer is so satisfied, will forthwith withdraw the notice;

(b) if the authorised officer is not so satisfied, will seize the food and remove it in order to have it dealt with by a justice of the peace.

    (4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the authorised officer will inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and—

(a) any person who under regulation 3(1)(a) of the above Regulations might be liable to a prosecution in respect of the food will, if that person attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence under regulation 3(1)(a) of the above Regulations in relation to that food.

    (5) If it appears to a justice of the peace, on the basis of such evidence as the justice of the peace considers appropriate in the circumstances, that any food falling to be dealt with by the justice of the peace under this section fails to comply with the requirements referred to in regulation 3(1)(a) of the above Regulations the justice of the peace will condemn the food and order—

(a) the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

    (6) If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority will compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

    (7) Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above will be determined by arbitration.

    (8) Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above will be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.".

(i) to place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and to fresh spinach),

(ii) to use food containing such contaminants at such levels as ingredients in the production of certain foods,

(iii) to mix foods that do not comply with the maximum levels referred to above with foods which do comply,

(iv) to mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption, or

(v) to detoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3);

(b) specify the enforcement authorities (regulation 4);

(c) provide for the application of specified provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 5);

(d) make a consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to Wales (regulation 6), the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community instruments mentioned in paragraph 3(a) to (f) below.