STATUTORY INSTRUMENTS 
2008 No. 3206 
FOOD 
The Spirit Drinks Regulations 2008 
Made  - - - - 15th December 2008 
Laid before Parliament  18th December 2008 
Coming into force - - 16th January 2009 
CONTENTS 
1. Title and commencement 
2. Revocations 
3. Interpretation 
4. Compliance with Community provisions 5. Verification under Article 22 of Regulation (EC) No 110/2008 
6. Designation under Article 24 of Regulation (EC) No 110/2008 
7. Enforcement 8. Appointment of officers 9. Duty to give assistance and provide information 
10. Powers of entry 
11. Powers of an authorised officer 
12. Procedure on seizure 
13. Improvement notices 
14. Appeals against improvement notices 15. Powers of a relevant court on appeal 16. Publication of notices 
17. Obstruction 
18. Criminal offences: punishment 
19. Offences by bodies corporate etc. 
20. Default of third person 
21. Defences 22. Giving of penalty notice for penalty offence 23. Contents of penalty notice 
24. Amount of penalty 
25. Restriction on proceedings for penalty offence 26. Payment of penalty 27. Certificate of payment or non-payment of a penalty 
28. Penalty receipts 
29. Withdrawal of penalty notice 30. Giving of notices  2 
 SCHEDULE 1 — REVOCATIONS 
 SCHEDULE 2 — COMMUNITY PROVISIONS CONTRAVENTION OF WHICH IS AN 
OFFENCE 
 PART 1 — Interpretation 
 PART 2 — The provisions of Regulation (EC) No 110/2008 
 SCHEDULE 3 — PENALTY OFFENCES  SCHEDULE 4 — FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING 
THE AMOUNT OF A PENALTY 
 PART 1 — Aggravating factors  PART 2 — Mitigating factors 
These Regulations are made in exercise of the powers conferred by section 2(2) of, and paragraph 
1A of Schedule 2 to, the European Communities Act 1972( a). 
The Secretary of State( b) is a Minister designated( c) for the purposes of section 2(2) of the 
European Communities Act 1972 in relation to measures relating to the description of, and other 
requirements relating to, spirit drinks. 
These Regulations make provision for a purpose mentioned in section 2(2) of the European 
Communities Act 1972, and it appears to the Secretar y of State that it is expedient for the 
reference to Regulation (EC) No 110/2008( d) of the European Parliament and of the Council on 
the definition, description, presentation, labelling and the protection of geographical indications of 
spirit drinks  and repealing Council Regulation (EEC) No 1576/89  to be construed as a reference to 
that Regulation as amended from time to time. 
There has been open and transparent public consultation during the preparation of these 
Regulations as required by Article 9 of Regulation (EC) No 178/2002( e) of the European 
Parliament and of the Council laying down the general principles and requirements of food law, 
establishing the European Food Safety Authori ty and laying down procedures in matters of food 
safety. 
Accordingly, the Secretary of Stat e for Environment, Food and Rural Affairs makes the following 
Regulations. 
Title and commencement 
1. These Regulations may be cited as the Spiri t Drinks Regulations 2008 and come into force on 
16
th January 2009. 
                                                                                                                                                               
 
 
(a) 1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 
51). 
(b) The functions of the Minister of Agriculture, Fisheries and Food were transferred to the Secretary of State by the Ministry o f 
Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794). Under section 57 of the Scotland Act 1998 (c. 46), despite the transfer to Scottish Ministers of Community law related functions in respect of devolved matters, the function of the Secretary of State continues to be exercisable by the Secretary of State as regards Scotland for the purposes specified in section 2(2) of the European Communities Act 1972. 
(c) S.I. 1989/1327, to which there are amendments not relevant to these Regulations. 
(d) OJ No L 39, 13.2.2008, p 16. 
(e) OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 202/2008 (OJ No L 60, 5.3.2008, p 17).  3Revocations 
2. The secondary legislation men tioned in Schedule 1 is revoked. 
Interpretation 
3.—(1) In these Regulations— 
“authorised officer” means any person appointed by an enforcement authority under regulation 
8; 
“Commissioners” means the Commissioners for He r Majesty’s Revenue and Customs; 
“enforcement authority” means an aut hority exercising a function conferred on it by regulation 
7; 
“food authority”— 
(a) in relation to England, means— 
(i) a county council; 
(ii) a metropolitan district council; 
(iii) a non-metropolitan district council for an area for which there is no county council; 
(iv) a London borough council; 
(v) the Common Council of the City of London (i n their capacity as a local authority); 
and 
(vi) the Council of the Isles of Scilly; 
(b) in relation to Northern Ireland, means a district council; 
(c) in relation to Scotland, means a council constituted under section 2(1) of the Local 
Government etc. (Scotland) Act 1994( a); and 
(d) in relation to Wales, means a county council or a county borough council; 
“officer” — (a) in relation to a body corporate, means a director, member of the committee of 
management, chief executive, manager, secretary or other similar officer of the body; and 
(b) in relation to an unincorporated body, means any member of its governing body or a chief 
executive, manager or other similar officer of the body; 
“penalty” means the amount specified in a penalty notice; “penalty notice” means a notice offering the opportunity, by payment, in accordance with 
these Regulations, of a specified amount, to di scharge any liability to be convicted of the 
penalty offence to which the notice relates; 
“penalty offence” means an offence for which a penalty notice may be given under regulation 
22; 
“port health authority” means— (a) in relation to the London port health district  (within the meaning given by section 7(1) of 
the Public Health (Control of Disease) Act 1984( b)), the Common Council of the City of 
London; and 
(b) in relation to any port health district constituted by order under section 2(3) of that Act, 
the port health authority for that district; 
“premises” includes any place, vehicle or trailer, shipping container (whether used for 
transporting cargo or for storage), stall or moveable structure, and ship or aircraft; 
                                                                                                                                                              
 
 
 
(a) 1994 c. 39. 
(b) 1984 c. 22.  4“registered Annex III geographical indication” means a geographical indication registered in 
Annex III to Regulation (EC) No 110/2008; 
“Regulation (EC) No 110/2008” means Regulation (EC) No 110/2008  of the European 
Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical in dications of spirit drinks  and repealing Council Regulation (EEC) 
No 1576/89, as amended from time to time; 
“relevant court” means— (c) in relation to England, Northern Ir eland and Wales, a magistrates’ court; and 
(d) in relation to Scotland, a sheriff; and 
“spirit drink” has the meaning given in paragraph (1) of Article 2 of Regulation (EC) No 
110/2008 as read with paragraphs (2) and (3) of that Article. 
(2) Other expressions used in these Regulations and Regulation (EC) No 110/2008 have their 
meaning in Regulation (EC) No 110/2008. 
(3) Part 1 of Schedule 2 applies to the inte rpretation of Part 2 of that Schedule. 
Compliance with Community provisions 
4.—(1) A person is guilty of an offence if they contravene, or fail to comply with, any provision 
of Regulation (EC) No 110/2008 mentioned in column 1 of Part 2 of Schedule 2, as read with any 
provision mentioned in any corresponding entry in column 2 of that Part  of that Schedule. 
(2) A person is guilty of an offence if they— 
(a) directly or indirectly make commerci al use of a registered Annex III geographical 
indication in a way mentioned in Ar ticle 16(a) of Regulation (EC) No 110/2008; 
(b) misuse, imitate or evoke a registered Annex III geographical indication, even if the true 
origin of the product is indi cated or the geographical indicati on is used in translation or 
accompanied by an expression such as “like”, “type”, “style”, “made”, “flavour” or any 
other similar term; 
(c) use any other false or misleading indicati on as to the provenance, origin, nature or 
essential qualities on the description, presentation or labelling of a product that is liable to 
convey a false impression that the product  is a registered Annex III product; or 
(d) use any other practice that is liable to mislead the consumer into thinking that the product 
is a registered Annex III product. 
(3) But paragraphs (1) and (2) do not apply— 
(a) to the production of a spirit drink that is produced on or before 19
th May 2009 in 
accordance with the requirements of— 
(i) Council Regulation (EEC) No 1576/89 (a) laying down general rules on the 
definition, description and present ation of spirit drinks; and 
(ii) Commission Regulation (EEC) No 1014/90 (b) laying down detailed implementing 
rules on the definition, description and presentation of spirit drinks; or 
(b) to the marketing of a spirit drink produced in accordance with the requirements of 
Council Regulation (EEC) No 1576/89 and Commission Regulation (EEC) No 1014/90 
on or before 19th May 2009 and marketed in accordance with the requirements of those 
Regulations. 
                                                                                                                                                               
 
 
(a) OJ No L 160, 12.6.1989, p 1, last amended by the Act of Accession of 2005 (OJ No L 157, 21.6.05, p 11) and subsequently 
repealed by Regulation (EC) No 110/2008. However, the provisions of Council Regulation (EEC) No 1576/89 continue to apply on a transitional basis by virtue of Article 28(3) of Regulation (EC) No 110/2008. 
(b) OJ No L 105, 25.4.1990, p 9, last amended by Commission Regulation (EC) No 2140/98 (OJ No L 270, 7.10.1998, p 9). 
Commission Regulation (EEC) No 1014/90 was subsequently repealed by virtue of the repeal of Regulation (EEC) No 1576/89 (under which Commission Regulation (EEC) No 1014/90 was adopted) by Regulation (EC) No 110/2008. However, the provisions of Commission Regulation (EEC) No 1014/90 continue to apply on a transitional basis by virtue of the operation of Article 28(3) of Regulation (EC) No 110/2008.  5(4) In this regulation “registered Annex III product ” means a spirit drink for which a registered 
Annex III geographical indication may be used in accordance with Regulation (EC) No 110/2008. 
Verification under Article 22 of Regulation (EC) No 110/2008 
5.—(1) The Commissioners are designated as the aut hority responsible for verifying that a 
relevant spirit drink that is to be placed on the market using a geographical indication registered in 
Annex III to Regulation (EC) No 110/2008 complies w ith the specifications in the technical file (if 
any) relating to that geographical indication before it is placed on the market. 
(2) A spirit drink is a relevant spirit drink if— 
(a) it is a spirit drink produced in the Unite d Kingdom that uses a geographical indication 
registered in Annex III to Regulation (EC) No 110/2008 to identify the drink as originating in the territory of a country , region or locality in the United Kingdom; or 
(b) it is a whisky produced in Northern Ireland th at uses the geographical indication “Irish 
Whiskey”, “Uisce Beatha Eireannach” or “Irish Whisky”. 
Designation under Article 24 of Regulation (EC) No 110/2008 
6.—(1) Each food authority is designated as the co mpetent authority for the purpose of Article 
24(1) of Regulation (EC) No 110/2008 for the control of spirit drinks in its area except to the 
extent that a port health authority is designated as the competent aut hority within any part of that 
area under paragraph (2). 
(2) Each port health authority is designated as th e competent authority for the purpose of Article 
24(1) of Regulation (EC) No 110/2008 for the control of spirit drinks in its dist rict for drinks being 
imported into or exported from the United Kingdom. 
Enforcement 
7.—(1) Each food authority must enforce the provisions of these Regulations within its area 
except to the extent that these Re gulations fall to be enforced by a port health authority within its 
district. 
(2) Each port health authority must enforce the provisions of these Regulations in its district in 
respect of drinks being imported into or exported from the United Kingdom. 
Appointment of officers 
8. Each food authority and port health authority must appoint officers for the purposes of the 
enforcement of these Regulations. 
Duty to give assistance and provide information 
9.—(1) Each competent and enforcement authority must give such assistance and information to 
any other competent or enforcement authority as it may reasonably require for the purpose of its 
duties under these Regulations. 
(2) The Commissioners may disclose any information in their possession to a competent or 
enforcement authority for the purposes of these Regulations. 
(3) No person, including a servant of the Crown, may disclose any information received from 
the Commissioners under paragraph (2) if— 
(a) the information relates to a person whose identity— 
(i) is specified in the disclosure; or 
(ii) can be deduced from the disclosure; 
(b) the disclosure is for a purpose other than the purposes specified in paragraph (2); and 
(c) the Commissioners have not given th eir prior consent to the disclosure.  6(4) Any person who contravenes paragraph (3) is guilty of an offence. 
Powers of entry 
10.—(1) An authorised officer may enter any premises at any reasonable hour for the purpose of 
ensuring that the provisions of these Re gulations are being complied with. 
(2) The authorised officer may take with them— 
(a) such other persons as they consider necessary; and 
(b) any representative of the European Commission. 
(3) An authorised officer must not exercise the powers under paragraph (1) or (2) except on the 
production, if so required, of a duly auth enticated document showi ng their authority. 
(4) Admission to any premises used only as a private dwellinghouse may not be demanded as of 
right unless 24 hours notice of the intended entry has been given to the occupier or the entry is in 
accordance with a warrant granted under this regulation. 
(5) If a justice of the peace, on sworn information in writing, is satisfied of the matters 
mentioned in paragraph (6), they may sign a warrant permitting an authorised officer to enter any 
premises, if needs be by reasonable force. 
(6) The matters are that— 
(a) there are reasonable grounds for believing that Condition A or B is met; and 
(b) Condition C, D or E is met. 
(7) Condition A is that on the premises there are items or products of the type mentioned in 
regulation 11(1)(a) or documents or records of the ty pe mentioned in regulation 11(1)(e) and that 
their inspection is likely to disclose evidence of a contravention of, or failure to comply with, 
these Regulations. 
(8) Condition B is that a contravention of, or fa ilure to comply with, these Regulations has 
occurred, is occurring or is about to occur on those premises. 
(9) Condition C is that admission to the premises has been, or is likely to be, refused, and that 
the occupier has been informed (whether orally or in writing) that a warrant may be applied for. 
(10) Condition D is that an asking for admission to the premises has been, or is likely to be, 
refused, and informing the occupier that a warrant under this regulation may be applied for may 
defeat the object of the entry. 
(11) Condition E is that the premises are unoccupied or that the occupier is temporarily absent 
and it may defeat the object of the entry to await their return. 
(12) A warrant granted under paragraph (5) — 
(a) is valid for one month, beginning with the day on which it is granted; and 
(b) must be produced for inspection to the person (if there is one) who appears to the officer 
to be the occupier of the premises. 
(13) An authorised officer who enters any premises that are unoccupied or where the occupier is 
temporarily absent must leave the premises as effectively secured against unauthorised entry as when they found them. 
(14) An authorised officer may carry out an inspection at the request of another member State or 
the European Commission. 
(15) In this regulation, a reference to a justice of the peace— 
(a) in Scotland includes a reference to the sheriff; and 
(b) in Northern Ireland is a reference to a lay magistrate. 
Powers of an authorised officer 
11.—(1) An authorised officer (“O”) enteri ng premises under regulation 10 may—  7(a) inspect the premises, and any still and any other plant, machinery or equipment on those 
premises, and any of the following items found on those premises— 
(i) any spirit drink partly or fully packaged ready for sale; 
(ii) any product purporting to be a spirit drink partly or fully packaged ready for sale; 
(iii) any other liquid that the officer has reasonable grounds for believing is a distillate or 
drink (including any vessel in which the liquid is found); 
(iv) any raw material or ingredients that may be used to produce any distillate or drink, 
including colourings and flavourings; 
(v) any mash; 
(vi) any empty container; 
(vii) any label; 
(viii) any packaging; 
(ix) any advertising or promotional materials relating to a drink, or other documentation 
relating to a distillate or to a drink; 
(b) search the premises; 
(c) take samples; 
(d) carry out any inquiries, examinations or tests; 
(e) have access to, and inspect and copy, any documents or records (in whatever form they 
are held) relating to matters covered by these Regulations, and remove them to enable them to be copied; 
(f) have access to, and inspect and check the data on, and operation of, any computer, and 
any associated electronic storage device or apparatus (“computer equipment”) that is, or 
has been in use in connection with, the documents or records mentioned in sub-paragraph 
(e), including data relating to deleted files and activity logs; and for this purpose O may 
require any person having charge of, or otherwise concerned with the operation of, the 
computer equipment to afford to O such assist ance (including the provision of passwords) 
as O may reasonably require, and, during the course of the checks, O may recover data 
held on the computer equipment; and 
(g) where a document or record mentioned in sub-paragraph (e) is kept by means of a 
computer, require the record to be produced in a form in which it may be taken away. 
(2) O may direct a person that the following mu st be left undisturbed for as long as is reasonably 
necessary for the purpose of any examination or investigation— 
(a) any one or more of the items mentioned in paragraph (1)(a)(i) to (ix); and 
(b) any premises on or in which any of those items are found. 
(3) A person is guilty of an offence if they fail to comply with a direction given to them by O 
under paragraph (2). 
(4) O may seize and detain any item of the type me ntioned in paragraph (1)(a)(i) to (ix) that O 
has reason to believe may be required as evidence in proceedings under these Regulations. 
(5) O may seize as liable to destruction any product of the type mentioned in paragraph (1)(a)(i) 
or (ii)— 
(a) 
that O reasonably believes contravenes any pro vision of Regulation (EC) No 110/2008 
mentioned in column 1 of Part 2 of Schedule 2, as read with any provision mentioned in 
any corresponding entry in column 2 of th at Part of that Schedule; or 
(b) in respect of which O reasonably believes that an offence has been committed under 
regulation 4(2). 
(6) O may seize any computer equipment for the purpose of copying documents or records of 
the type mentioned in paragraph (1)(e), and for checking the data on, and operation of, any 
computer equipment that is, or has been, in use in connection with, those documents or records  8(and in doing so may recover data), provided it is returned as soon as practicable and, in any event, 
within 28 days, beginning with the day on which the equipment is seized. 
(7) If O is not able to remove an item, product or computer equipment seized under paragraph 
(4), (5) or (6) immediately, they may— 
(a) mark it in any way that they see fit; and 
(b) give the person appearing to them to be in charge of the item, product or computer 
equipment a notice— 
(i) identifying it; and 
(ii) prohibiting the removal of the item,  product or computer equipment from the 
premises on which it was found until it is collected by an authorised officer. 
(8) Any person, other than an authorised officer, who removes any item or product identified 
under paragraph (7) from the premises on which it was found is guilty of an offence. 
(9) O must not exercise the powers under this reg ulation except on the production, if so 
required, of a duly authenticated document showing their authority. 
Procedure on seizure 
12.—(1) An authorised officer (“O”) must follow the procedures set out in this regulation if they 
seize anything under regulation 11(4), (5) or (6). 
(2) O must give to the person appearing to O to be in charge of the premises from which the 
seized item, product or computer equipm ent is seized (“the premises”) a notice that must state— 
(a) what O has seized; 
(b) when O seized it; 
(c) the grounds for the seizure of the item, product or equipment; and 
(d) the address to which, and the period during which, a claim may be made for the return of 
the item, product or equipment. 
(3) But where the premises are unoccupied, or no-one appears to O to be in charge of the 
premises, O must attach a notice to a conspicuo us part of the premises, or to some conspicuous 
object on the premises, containing the informat ion mentioned in sub-paragraphs (a) to (d) of 
paragraph (2). 
(4) A person having a proprietary interest in the seized item, product or computer equipment 
(including a creditor who has a debt secured on  the item, product or computer equipment) may 
notify the enforcement authority of any claim that  the seized item, product or equipment was not 
liable to seizure, setting out the grounds for the claim in full. 
(5) The claim must be made within 28 days of th e seizure, beginning on the day on which the 
seized item, product or computer equipment is seized, to the address specified in the seizure 
notice. 
(6) If a notification of a claim is not received within 28 days in respect of an item seized under 
regulation 11(4), the enforcement authority may retain the seized item for as long as necessary 
while it is being held for the purpose of any criminal investigation or proceedings or for use as 
evidence at a trial. 
(7) If a notification of a claim is received within 28 days in respect of an item seized under 
regulation 11(4), the enforcem ent authority must— 
(a) return the seized item within 28 days, beginning with the day on which the claim is 
received; or 
(b) retain the seized item or product for as long as necessary while it is being held for the 
purpose of any criminal investigation or proceedings, or for use as evidence at a trial, but 
it must notify the claimant that the seized item is being retained, and of the reason why it is being retained within 28 days, beginning with the day on which the claim is received. 
(8) If a notification of a claim is not received within 28 days in respect of a product seized under 
regulation 11(5), the enforcement authority may—  9(a) if a decision is taken by the enforcement authori ty not to destroy the seized product but to 
retain it for the purpose of any criminal investigation or proceedings, or for use as 
evidence at a trial, retain the seized product for as long as necessary for one of those 
purposes, but the enforcement authority must— 
(i) notify the relevant person that the seized product  is being retained, and of the reason 
why it is being retained, within 28 days of the expiry of the claim period, beginning 
with the day after the claim period expires; or 
(ii) where the enforcement authority does not know who the relevant person is, and this 
cannot be ascertained after reasonable enqui ries have been made by the enforcement 
authority, attach a notice to a conspi cuous part of the premises, or a conspicuous 
object on those premises, within 28 days of  the expiry of the claim period, beginning 
with the day after the claim period expires, stating that the seized product is being 
retained, and the reason why it is being retained; or 
(b) destroy the seized product within 28 days, beginni ng with the day after the 28 day claim 
period expires, if it reasonably believes th at the product contravenes these Regulations, 
and — 
(i) notify the relevant person that the seized product has been destroyed within 10 days 
of its destruction, beginning with the day on which the product is destroyed (or the 
last day of destruction where the destruction of the product takes place on more than 
one day); or 
(ii) where the enforcement authority does not know who the relevant person is, and this 
cannot be ascertained after reasonable enqui ries have been made by the enforcement 
authority, attach a notice to a conspicuous  part of the premises, or to a conspicuous 
object on those premises, within 10 days of the destruction of the product, beginning 
with the day on which the product is destroyed (or the last day of destruction where 
the destruction of the product takes place on  more than one day) stating that the 
seized product has been destroyed. 
(9) In paragraph (8) the “relevant person” means— 
(a) if the enforcement authority knows the identity of a person with a proprietary interest in 
the seized product, that person or (where more they know the identity of more than one 
person with a proprietary interest in the seized property) each of those persons; or 
(b) if the enforcement authority does not know the identity of a person with a proprietary 
interest in the seized product, the person app earing to them to be in charge of the 
premises. 
(10) In the case of any product destroyed under paragraph (8)(b), the enforcement authority may 
recover the following costs as a debt from any person who had a proprietary interest in the product 
immediately before its destruction (apart from a creditor who has a debt secured on the product)— 
(a) the costs of the removal and transport of the product  from the premises to the place at 
which it is stored; 
(b) the costs of the storage of the product for up to 28 days; 
(c) any costs for the removal and transport of the product if it is moved from one place of 
storage to another place of storage; 
(d) the costs of the transport of the product from the place of storage to the place of 
destruction; and 
(e) the costs of the destruction of the product. 
(11) If a notification of a claim is received within 28 days in respect of an item seized under 
regulation 11(5), the enforcem ent authority must— 
(a) return the seized product within 28 days, beginni ng with the day on which the claim is 
received; 
(b) if a decision is taken by the enforcement authori ty not to destroy the seized product but to 
retain it for the purpose of any criminal investigation or proceedings or for use as 
evidence at a trial, retain the product  for as long as necessary for one of those purposes  10but the enforcement authority must notify the claimant that the seized product is being 
retained, and of the reason why it is being ret ained, within 28 days of the claim, 
beginning with the day on which the claim is received; or 
(c) within 28 days of the claim, beginning with the day on which the claim is received, take 
proceedings (“paragraph (11)(c) proceedings”) in a relevant court for an order giving 
them authority to destroy the product. 
(12) In paragraph (11)(c) proceedings the relevant court may— 
(a) authorise the enforcement authority  to destroy the seized product; 
(b) authorise the enforcement authority to retain the product for the purpose of any criminal 
investigation or proceedings, or for use as evidence at a trial, for as long as necessary for 
one of those purposes; or 
(c) require the enforcement authority to return the product to the claimant and impose a 
deadline by which this must be done. 
(13) If, in paragraph (11)(c) proceedings, the relevant court authorises the enforcement authority 
to destroy the seized product, it may also make an order requiring the claimant (but not a claimant 
who is a creditor with a debt secured on the product) to pay such of the following costs as the 
court may specify— 
(a) the costs of the removal and transport of the product  from the premises to the place at 
which it is stored; 
(b) the costs of the storage of the product for up to 28 days; 
(c) any costs for the removal and transport of the product if it is moved from one place of 
storage to another place of storage; 
(d) the costs of the transport of the product from the place of storage to the place of 
destruction; and 
(e) the costs of the destruction of the product. 
(14) If a notification of a claim is received within 28 days in the case of any computer 
equipment seized under regulation 11(6), the enforcement authority must— 
(a) return the seized computer equipment within 7 days of the claim, beginning with the day 
on which the claim is received, or, if shorter, within the remainder of the maximum 28 
day period provided for in regulation 11(6); or 
(b) take proceedings in a relevant court within 7 days of the claim, beginning with the day on 
which the claim is received unless there are 7 days or less remaining before the expiry of 
the maximum 28 day period provided for in  regulation 11(6), for an order authorising the 
enforcement authority to retain the seized computer equipment in accordance with the requirements laid down in regulation 11(6). 
(15) If, in the case of any computer equipment  seized under regulation 11(6), the relevant court 
authorises the enforcement authority to retain the seized computer equipment, they may impose 
conditions as to the basis on which the equipment  may continue to be retained, including the 
imposition of a deadline by which the equipment must  be returned that is shorter than the 28 day 
maximum period provided for in regulation 11(6). 
(16) The procedure in a magistrates’ court under this regulation is by way of complaint, and— 
(a) in England and Wales, the Magistrates’ Courts Act 1980( a) applies to the proceedings; 
and 
(b) in Northern Ireland, the Magistrat es’ Courts (Northern Ireland) Order 1981( b) applies to 
the proceedings. 
(17) The procedure before the sheriff under this regulation is by way of summary application. 
                                                                                                                                                               
 
 
(a) 1980 c. 43. 
(b) S.I. 1981/1675 (N.I. 26).  11Improvement notices 
13.—(1) If an authorised officer (“O”) has reasonable grounds for believing that any person 
(“P”) is failing to comply with these Regulations O may give P a notice (“an improvement 
notice”) that— 
(a) states O’s grounds for believing this; 
(b) specifies the matter that constitutes the failure to comply with these Regulations; 
(c) specifies what P must stop doing, or the measures that, in O’s opinion, P must take in 
order to comply with these Regulations; 
(d) require P to stop doing the action specified in the notice, or take the measures specified in 
the notice, or measures at least equivalent to them, within the period (being not less than 
14 days) specified in the notice; 
(e) informs P of the right of appeal to a relevant court conferred by regulation 14; and 
(f) informs P of the period within which such an appeal may be brought. 
(2) A person is guilty of an offence if they contravene or fail to comply with an improvement 
notice. 
Appeals against improvement notices 
14.—(1) Any person who is aggrieved about an improv ement notice may appeal against that 
notice to the relevant court. 
(2) The procedure on an appeal to a magistrates’ court under paragraph (1) is by way of 
complaint, and— 
(a) in England and Wales, the Magistrates’ Courts Act 1980 applies to the proceedings; and 
(b) in Northern Ireland, the Magistrates’ Courts (N orthern Ireland) Order 1981 applies to the 
proceedings. 
(3) An appeal to the sheriff under paragraph (1) is by summary application. 
(4) The period within which an appeal may be brought is 28 days, beginning with the day on 
which the improvement notice is given. 
(5) The relevant court may suspend an improv ement notice pending an appeal. 
Powers of a relevant court on appeal 
15. On an appeal against an improvement notice the relevant court may either cancel the notice 
or confirm it, with or without modification. 
Publication of notices 
16.—(1) An enforcement authority must publicis e the destruction of any product seized under 
regulation 11(5) in such manner as it sees fit. 
(2) But an enforcement authority must not public ise the destruction of any item seized under 
regulation 11(5) where it considers that it would be inappropriate to do so. 
(3) An enforcement authority must publicise an y improvement notice given by it under 
regulation 13 in such manner as it sees fit. 
(4) But an enforcement authority must not publicise an improvement notice given by it under 
regulation 13— 
(a) until the time for appealing against the impos ition of the improvement notice has passed; 
(b) during the period that any appeal against the imposition of the improvement notice is 
ongoing; or 
(c) in any other case where the enforcement authority  considers that it would be 
inappropriate to do so.  12Obstruction  
17. A person (“P”) is guilty of an offence if they— 
(a) obstruct any person (“O”) acting in the execution of these Regulations; 
(b) fail to give to O any assistance or information that O may reasonably require of P for the 
performance of O’s functions under these Regulations; 
(c) furnish any false or misleading information to O; or 
(d) fail to produce a record when required to do so by O. 
Criminal offences: punishment 
18.—(1) A person guilty of any offence under regulation 4(1) or (2), 11(3) or (8), 13(2) or 17, is 
liable— 
(a) on summary conviction, to a fine not exceeding the statutory maximum; and 
(b) on conviction on indict ment, to a fine. 
(2) A person guilty of an offence under regulation 9(4) is liable— 
(a) on summary conviction, to a fine not exceeding th e statutory maximum, to imprisonment 
for a term not exceeding three months, or to both; and 
(b) on conviction on indictment, to imprisonment for a term not exceeding two years, to a 
fine, or to both. 
Offences by bodies corporate etc. 
19.—(1) Where an offence committed by a bod y corporate (other than a limited liability 
partnership or a Scottish partne rship) is proved to have been committed with the consent or 
connivance of, or is attributable to the negl ect of, an officer of the body corporate, or a person 
purporting to act in such a capacity, that officer or person (as well as the body corporate) is guilty 
of the offence and is liable to be proceeded against and punished accordingly. 
(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in 
relation to the acts and defaults of a member, and a person purporting to act in such a capacity, in 
connection with the member’s functions of management as it applies to an officer of a body 
corporate. 
(3) Where an offence committed by an unincorporated body (other than an unincorporated 
partnership) is proved to have been committed with the consent or connivance of, or is attributable 
to the neglect on the part of, any officer of that body or a person purporting to act in such a 
capacity, that officer or person (as well as the unincorporated body) is guilty of the offence and 
liable to be proceeded against and punished accordingly. 
(4) Where an offence committed by a partnership (i ncluding a limited liability partnership and a 
Scottish partnership) is proved to have been committed with the consent or connivance of, or is attributable to the neglect of a partner, or a person purporting to act in such a capacity, the partner 
or person (as well as the partnership) is guilty of the offence and liable to be proceeded against 
and punished accordingly. 
(5) In this regulation “offence” means an offence under these Regulations. 
Default of third person 
20. Where the commission by one person (“A”) of an offence under these Regulations is due to 
the act or default of another (“B”), B also commits the offence, and B may be charged with and 
convicted of the offence by virtue of this paragraph whether or not proceedings are taken against 
A.  13Defences 
21.—(1) It is a defence for a person charged with an offence under these Regulations to prove 
that they took all reasonable steps and exercised all due diligence to avoid committing the offence. 
(2) A may not rely on a defence that involves an allegation that the commission of the offence 
was due to the act or default of B unless— 
(a) at least seven clear days before the hearing A has given to the prosecutor a notice in 
writing giving such information identifying or assisting in the identification of B as was then in their possession; or 
(b) the court grants them leave. 
(3) In proceedings for an offence under regulation 4(1) as read with the provisions of Regulation 
110/2008 mentioned in Part 2 of Schedule 2 insofar  as they apply to the advertisement of spirit 
drinks, or an offence under regulation 4(2) committed by the way in which a spirit drink is 
advertised, it is a defence for the person charged with the offence to prove that— 
(a) at the time of the alleged offence they were a person whose business it was to publish or 
arrange for the publication of advertisements; 
(b) they received the advertisement for publication in the ordinary course of business; and 
(c) they did not know, and had no reason to suspect, that publication of the advertisement 
would constitute an offence under these Regulations. 
(4) It is a defence for a person charged with an offence under regulation 9(4) to prove that they 
reasonably believed— 
(a) that it was lawful to disclose the information disclosed; or 
(b) that the information disclosed had already and la wfully been made available to the public. 
Giving of penalty notice for penalty offence 
22. An enforcement authority may give a penalty notice to a person (“P”) where the authority 
has reason to believe that P has— 
(a) committed an offence under regulation 4(1) by contravening or failing to comply with a 
provision of Regulation (EC) No 110/2008 mentioned in Schedule 3; or 
(b) committed an offence under regulation 4(2). 
Contents of penalty notice 
23. A penalty notice given by  an enforcement authority must— 
(a) give such particulars of the circumstances alleged to constitute the offence as are 
necessary for giving reasonable information about the offence; 
(b) state the amount of the penalty; 
(c) state the period during which, by virtue of regulation 25, proceedings will not be taken for 
the offence; 
(d) state the person to whom, and the address at  which, the penalty may be paid, and the 
ways in which the penalty may be paid; and 
(e) state that payment mu st not be made in cash. 
Amount of penalty 
24.—(1) The amount of the penalty must be determined by the enforcement authority and must 
not be less than £1,000 or more than £4,000. 
(2) The factors to be taken into account by the enforcem ent authority in det ermining the amount 
of the penalty may include the factors mentioned in Schedule 4.  14Restriction on proceedings for penalty offence 
25.—(1) Where a person is given a penalty notice— 
(a) no proceedings may be brought against them for th e penalty offence to which that notice 
relates before the end of the period of 28 days, beginning with the day on which they 
were given the notice; and 
(b) that person may not be convicted of the offence if the penalty is paid in accordance with 
regulation 26 before the end of that period. 
(2) Paragraph (1) does not apply if the penalty notice is withdrawn in accordance with regulation 
29. 
Payment of penalty 
26.—(1) Payment of any penalty must be made to the person specified in the penalty notice by 
sending it by post or by such method as may be specified in the notice. 
(2) Payment of any penalty may not be made in cash. 
Certificate of payment or non-payment of a penalty 
27. In any proceedings a certificate purporting to be signed by or on behalf of the enforcement 
authority, stating that payment in respect of a penalty notice was or was not received on or before 
a date specified in the certificate is evidence of the facts stated. 
Penalty receipts 
28. Penalties paid to an enforcement authority must be paid into the Consolidated Fund. 
Withdrawal of penalty notice 
29.—(1) A penalty notice may be withdrawn by an enforcement authority which has reason to 
believe that it ought not to have been given (whet her to the person named in the penalty notice or 
otherwise). 
(2) A penalty notice may be withdrawn by the en forcement authority giving written notice to the 
person named in the penalty notice before or after payment of the penalty. 
(3) Where an enforcement authority withdraws a penalty notice it must repay any penalty paid 
under the penalty notice to the person named in the penalty notice within 28 days, beginning with 
the day on which the notice of the withdrawal of the penalty notice is given. 
Giving of notices 
30.—(1) Any notice required to be given under these Regulations to any person may be given to 
them by— 
(a) delivering it to them; 
(b) leaving it at their proper address; or 
(c) sending it to them by post at that address. 
(2) The notice may be given to a body corporate by  being given to an officer of that body. 
(3) The notice may be given to a limited liabil ity partnership, Scottish partnership or 
unincorporated partnership by being gi ven to a partner or a person having control or management 
of the partnership business. 
(4) The notice may be given to any other unincorporat ed body by being given to an officer of 
that body.  15(5) For the purposes of this regulation and section 7 of the Interpretation Act 1978(a) (service of 
documents by post) in its application to this  regulation, the proper address of any person to whom 
a notice is to be given is— 
(a) in the case of a body corporate, the address of the registered or principal office of the 
body; 
(b) in the case of a limited liability partnership or a Scottish partnership, the address of the 
registered or principal office of the partnership; 
(c) in the case of an unincorporated part nership or any other unincorporated body, the 
address of the principal office  of the partnership or body; 
(d) in the case of a person to whom the notice is given in reliance of any of paragraph (2), (3) 
or (4), the proper address of the body corporat e, partnership or other unincorporated body 
in question; and 
(e) in any other case, the last known address of the person in question. 
(6) For the purposes of paragraph (5) the references to “the principal office” in relation to a 
company which is registered outside the Un ited Kingdom, a partnership which is carrying on 
business outside the United Kingdom and any other unincorporated body which has its principal 
office outside the United Kingdom, include a reference, in each case, to their principal office 
within the United Kingdom (if any). 
(7) Paragraph (8) applies if a person to be given a notice under these Regulations has specified 
an address (“the specified address”) within the United Kingdom other than their proper address (as decided under paragraph (5)) as the one at which they, or someone on their behalf, will accept 
documents of the same description as a no tice given under these Regulations. 
(8) The specified address is also to be treated for the purposes of this regulation and section 7 of 
the Interpretation Act 1978 in its applica tion to this regulation as the person’s proper address. 
(9) In relation to Wales, any notice required to  be given under these Regulations to any person 
must be in English and Welsh. 
(10) In this regulation “body corporate” does not in clude a limited liability partnership or a 
Scottish partnership. 
 
         
 Jane Kennedy 
 Minister of State 
15th December 2008 Department for Environment, Food and Rural Affairs 
 SCHEDULE 1 Regulation 2 
REVOCATIONS 
The Spirit Drinks Regulations 1990( b) 
                                                                                                                                                               
 
 
(a) 1978 c. 30. 
(b) S.I. 1990/1179, amended by S.I. 1990/2486, 1995/732.  16The Spirit Drinks (Scotland) Regulations 1990( a) 
The Spirit Drinks Regulations (Northern Ireland) 1990( b) 
The Spirit Drinks (Scotland) Amendment Regulations 1995( c) 
The Spirit Drinks (Amendment) Regulations 1995( d) 
The Spirit Drinks (Amendment) Regulations (Northern Ireland) 1995( e) 
 SCHEDULE 2 Regulation 3(3), 4(1), 11(5) 
 and 21(3) 
COMMUNITY PROVISIONS CONTRAVENTION OF WHICH IS AN 
OFFENCE 
PART 1 
Interpretation 
In this Schedule— 
“categories 1 to 14” means the categories of spirit drinks numbered 1 to 14 in Annex II to 
Regulation (EC) No 110/2008; and 
“categories 1 to 46” means the categories of spirit drinks numbered 1 to 46 in Annex II to 
Regulation (EC) No 110/2008. 
PART 2 
The provisions of Regulation (EC) No 110/2008 
 
Column 1  Column 2  Column 3  
Relevant provision of 
Regulation (EC) No 110/2008  Provisions to be read with the 
provision of Regulation (EC) 
No 110/2008 mentioned in 
column 1  Subject matter  
Article 3(1) Annex I to the E.E.C. Treaty Agricultural origin of ethyl 
alcohol used in the production of spirit drinks and their 
components. 
Article 3(2) Annex I(1) to Regulation (EC) 
No 110/2008 Ethyl alcohol used in the 
production of spirit drinks: 
compliance with the definition 
in Annex I(1) to Regulation 
(EC) No 110/2008. 
Article 3(3)  The dilution and dissolution of 
colourants, flavourings and 
                                                                                                                                                               
 
 
(a) S.I. 1990/1196 (S. 136), amended by S.I. 1990/2625 (S. 220), 1995/484 (S. 33). 
(b) S.R. (NI) 1990 No 219, amended by S.R. (NI) 1991 No 203, 1995 No 105. 
(c) S.I. 1995/484 (S. 33). 
(d) S.I. 1995/732. 
(e) S.R. (NI) 1995 No 105.  17other authorised additives. 
Article 3(4) Annex I to the E.E.C. Treaty Prohibition on the use of 
alcohol of synthetic origin and 
other alcohol of non-
agricultural origin. 
Article 5(1) Paragraphs (3) and (5) of 
Annex I to Regulation (EC) No 110/2008 General requirements relating 
to the production, content and sweetening of spirit drinks falling within categories 1 to 
14. 
Article 5(2) Annex I to the E.E.C. Treaty, 
paragraphs (3), (5) and (10) of 
Annex I to Regulation (EC) 
No 110/2008, and Article 1(2)(b)(i) and (ii) and 1(2)(c) 
of Council Directive 
88/388/EEC( a) on the 
approximation of the laws of 
the Member States relating to flavourings for use in 
foodstuffs and to source 
materials for their production General requirements relating 
to the production, content and 
sweetening of spirit drinks 
falling within the categories of spirit drinks numbered 15 to 
46 in Annex II to Regulation 
(EC) No 110/2008. 
Article 5(3) Annex I to the E.E.C. Treaty, 
paragraphs (3), (5) and (10) of 
Annex I to Regulation (EC) 
No 110/2008, and Article 
1(2)(a) of Directive 
88/388/EEC on the approximation of the laws of 
the Member States relating to 
flavourings for use in 
foodstuffs and to source 
materials for their production General requirements relating 
to the production, content and 
sweetening of spirit drinks 
other than those falling within 
categories 1 to 46. 
Article 9(1) Article 9(3) of Regulation 
(EC) No 110/2008 Sales denominations for spirit 
drinks falling within categories 
1 to 46. 
Article 9(2) Articles 2 and 9(5) of, and 
categories 1 to 46 of Annex II 
to, Regulation (EC) No 
110/2008 Use of the “spirit drink” sales 
denomination for spirit drinks 
that do not fall within any of 
the categories numbered 1 to 46. 
Article 9(4) Annexes II and III to 
Regulation (EC) No 110/2008 Prohibition on the sales 
denominations for the spirit drinks falling within categories 
1 to 46 being used for other 
drinks. 
Article 9(5) Chapter III of, and Annex III 
to, Regulation (EC) No 
110/2008  Restriction on the 
supplementation or 
replacement of a sales 
denomination with a 
geographical indication. 
   
                                                                                                                                                              
 
 
 
(a) OJ No L 184, 15.7.1988, p 61, last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the 
Council (OJ No L 284, 31.10.2003, p 1).  18Article 9(6) Articles 17(1) and 20 of, and 
Annex III to, Regulation (EC) No 110/2008 Restriction on the 
supplementation of registered Annex III geographical 
indications. 
Article 9(7) Categories 1 to 46 of Annex II 
and Annex III to Regulation 
(EC) No 110/2008 Prohibition on the use of 
associating words or phrases 
such as “like”, “type”, “style”, 
“made”, “flavour” and any other similar terms with any of 
the sales denominations laid 
down for spirit drinks falling 
within categories 1 to 46 and 
any of the registered Annex III geographical indications. 
Article 9(8)  Prohibition on the substitution 
of the sales denomination for a spirit drink with a trade mark, 
brand name or fancy name. 
Article 9(9) Categories 1 to 46 of Annex II 
to Regulation (EC) No 
110/2008 and Directive 
2000/13/EC( a) of the 
European Parliament and of the Council on the 
approximation of the laws of 
the Member States relating to 
the labelling, presentation and 
advertising of foodstuffs 
 Ingredients listing. 
Article 10(1) Article 10(3) and (4) of, and 
categories 1 to 46 of Annex II 
and Annex III to, Regulation 
(EC) No 110/2008 Requirements relating to 
compound terms and allusions. 
Article 10(2)  Prohibition on the use of a 
compound term including a sales denomination for a spirit drink falling within a category 
numbered 1 to 46, or a 
registered Annex III 
geographical indication, where 
a spirit drink has been diluted below the relevant alcoholic 
minimum strength for that 
drink. 
Article 11(1) Paragraph (5) of Annex I, and 
categories 1 to 14 of Annex II, 
to Regulation (EC) No 110/2008 Mixtures: prohib ition against 
using a sales denomination for 
a spirit drink falling within a category numbered 1 to 14 
where alcohol has been added 
to the drink. 
Article 11(2) Article 11(3) of, and categories 
1 to 46 of Annex II to, 
Regulation (EC) No 110/2008 Mixtures: requirements 
relating to the use of the “spirit 
drinks” sales denomination. 
                                                                                                                                                              
 
 
 
(a) OJ No L 109, 6.5.2000, p 29, last amended by Commission Directive 2007/68/EC (OJ No L 310, 28.11.2007, p 11).  19Article 11(4) Article 11(2) of, and Annex II 
to, Regulation (EC) No 110/2008 Mixtures: restrictions on the 
use of the sales denominations for spirit drinks falling within 
categories 1 to 46, and use of 
the term “mixed spirit drink”. 
Article 11(5) Article 11(2) and (4) of 
Regulation (EC) No 110/2008  Mixtures: listing of alcoholic 
ingredients. 
Article 12(1)  Raw material indications. Article 12(2) Paragraph (7) of Annex I to 
Regulation (EC) No 110/2008 Restrictions on the use the 
supplemental terms “blend”, 
“blending” and “blended” in 
the description, presentation or labelling of a spirit drink. 
Article 12(3)  Restrictions on the 
specification of the maturation period or age of a spirit drink. 
Article 13  Prohibition on the covering of 
closing devices with lead-
based capsules or foil. 
Article 14(1) Article 14(3) and (4) of 
Regulation (EC) No 110/2008 Language to be used in the 
description, presentation and 
labelling of spirit drinks. 
Article 14(2) Annexes II and III to 
Regulation (EC) No 110/2008 Prohibition on the translation 
of the terms in italics in Annex 
II to Regulation (EC) No 
110/2008 and of registered Annex III geographical 
indications. 
Article 15(4) Articles 17(1) and 22 of, and 
Annex III to, Regulation (EC) 
No 110/2008 Compliance with technical file 
specifications for spirit drinks 
bearing a registered Annex III 
geographical indication. 
 SCHEDULE 3 Regulation 22 
PENALTY OFFENCES 
1. Article 3(1). 
2. Article 9(1). 
3. Article 9(2). 
4. Article 9(5). 
5. Article 9(6). 
6. Article 9(7). 
7. Article 9(9). 
8. Article 11(4). 
9. Article 11(5). 
10. Article 12(1). 
11. Article 13.  2012. Article 14(1). 
 SCHEDULE 4 Regulation 24(2) 
FACTORS TO BE TAKEN INTO ACCOUNT IN DETERMINING THE 
AMOUNT OF A PENALTY 
PART 1 
Aggravating factors 
 
1. Seriousness of the non-compliance. 
2. Harm or potential harm to human health. 
3. Financial harm to consumers. 
4. Financial harm to competitors. 
5. Duration of non-compliance. 
6. Evidence of intention behind the non-compliance. 
7. History of non-compliance of the person (“P”) to whom the penalty notice is to be given. 
8. Financial gain made by P as a result of non-compliance. 
9. Financial resources of P. 
10. Size of P’s business. 
11. Availability of non-compliant product, including the number of retail shops in which it has 
been marketed. 
12. Where P is a retailer with a number of retail outlets, the number of retail outlets operated by 
them (whether or not there is evidence that the non-compliant product has been, or may have been, 
marketed in all of those outlets). 
13. The conduct of P after the non-compliance had come to the attention of the enforcement 
authority. 
14. Previous action taken by the enforcement authori ty to help P comply with the Regulations. 
PART 2 
Mitigating factors 
 
1. Action taken to eliminate or reduce the risk of damage resulting from the non-compliance. 
2. Action taken by P to repair the harm done by the non-compliance. 
3. Any co-operation given to the enforcement authority by P in responding to the non-
compliance. 
4. Whether P reported the non-compliance to the enforcement authority. 
5. Financial resources of P.  216. Size of P’s business. 
7. Availability of non-compliant product, including the number of retail shops in which it has 
been marketed. 
8. The conduct of P after the non-compliance was drawn their attention by an enforcement 
authority. 
9. Where the non-compliance was committed by an employee of P, the extent to which the 
employee was acting out side of their authority. 
  22EXPLANATORY NOTE 
(This note is not part  of the Regulations) 
These Regulations make provision for the enforcement of Regulation (EC) No 110/2008 (OJ No L 
39, 13.2.2008, p 16) of the European Parliament and of the Council on the definition, description, 
presentation, labelling and the protection of geographical indications of spirit drinks and repealing 
Council Regulation (EEC) No 1576/89, and give enforcement authorities new powers in relation 
to the enforcement of EC requirements relating to  spirit drinks, including the power to give 
improvement notices and to impose monetary penalties by penalty notice. 
These Regulations revoke the Spirit Drinks Regul ations 1990 (S.I. 1990/1179), the Spirit Drinks 
(Scotland) Regulations 1990 (S.I. 1990/1196 (S. 136)), th e Spirit Drinks Regul ations (Northern 
Ireland) 1990 (S.R. (NI) 1990 No 219), the Spir it Drinks (Scotland) Amendment Regulations 1995 
(S.I. 1995/484 (S. 33)), the Spirit Drinks (Amendm ent) Regulations 1995 (S.I. 1995/732) and the 
Spirit Drinks (Amendment) Regulations (North ern Ireland) 1995 (S.R. (NI) 1995 No 105) 
(regulation 2 and Schedule 1). The 1990 Regula tions, as amended, made provision for the 
enforcement of Council Regulation (EEC) No 1576/89 (OJ No L 160, 12.6.1989, p 1) laying down general rules on the definiti on, description and presentation of spirit drinks and Commission 
Regulation (EEC) No 1014/90 (OJ No L 105, 25.4.1990, p 9)  laying down detailed implementing 
rules on the definition, descripti on and presentation of spirit drinks. Regulation (EC) No 110/2008 
supersedes those EC Regulations. 
These Regulations include provisions making the fai lure to comply with the provisions of 
Regulation (EC) No 110/2008  mentioned in Schedule 2 an offence and create an additional 
offence to protect geographical  indications registered in Annex II I to that Regulation (regulation 4 
and Schedule 2). 
They designate the Commissioners for Her Majesty’s  Revenue and Customs as the verification 
authority for the purpose of Article 22 of Re gulation (EC) No 110/2008 (regulation 5). They 
designate food authorities and port health authorities as the competent authorities for the purpose of Article 24(1) of Regulation (EC) No 110/2008 (regulation 6) and for the enforcement of the 
Regulations (regulation 7). They provide for th e appointment of officers (regulation 8). They 
impose a duty on competent authorities and enforcement authorities to give assistance and information to each other and empower the Commissioners for Her Majesty’s Revenue and 
Customs to disclose information to an enforcemen t authority for the purposes of these Regulations 
(regulation 9). They confer powers of entry (regula tion 10) and other powers (regulation 11), 
including seizure powers, includi ng the seizure of products liabl e to destruction. They require 
certain procedures to be followed in the event of any exercise of the seizure powers (regulation 12). They provide for the issue of improvement notices (regulation 13) and provide for appeals 
against improvement notices (regulations 14 and 15). They provide for the destruction of seized 
products and the giving of improvement notices to be publicised (regulation 16). 
They make obstruction an offence (regulation 17) and provide for the punishment of criminal 
offences (regulation 18). They also contain provisions relating to offences committed by a body 
corporate, unincorporated body or partnership (regula tion 19), the commission of an offence due 
to the act or default of a third person (regulation 20) and defences (regulation 21). 
These Regulations also create a scheme for the issuing a nd payment of penalty notices for certain 
offences. They include provisions relating to the gi ving of a penalty notice (regulation 22 and 
Schedule 3), the content of such a notice (regulati on 23), the amount of a penalty payable under a 
penalty notice (regulation 24 and Sch edule 4), the period in which a penalty must be paid and the 
effect of paying a penalty (regulation 25), the me thod of paying a penalty (regulation 26), the issue 
of a certificate relating to the payment or non-p ayment of a penalty (regulation 27), the payment of 
penalties into the Consolidated Fund (regulation 28), and the withdrawal of a penalty notice 
(regulation 29). 
They also contain provisions  relating to the givi ng of notices (regulation 30).  23A full impact assessment of the effect that these Regul ations will have on the costs of business and 
the voluntary sector is available at www.defra.gov.uk  or from Department for Environment, Food 
and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR. It is also annexed to the 
Explanatory Memorandum for these Regulations, which is available, alongside these Regulations, 
on the OPSI website (www.opsi.gov.uk). 
____________________________________________________________________________________________________________ 
 
¤ Crown copyright 2008 
Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Contro ller 
of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. £5.00 
 
 
 
E3525 12/2008 183525T 19585 STATUTORY INSTRUMENTS 
2008 No. 3206 
FOOD 
The Spirit Drinks Regulations 2008