Food, England Title, application and commencement 1 These Regulations may be cited as the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008, apply in relation to England only and come into force on 1st July 2008. Interpretation 2 1 In these Regulations — “ the Act ” means the Food Safety Act; “the Council Regulation ” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) ; “the Commission Regulation ” means Commission Regulation ( EC ) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products ; ... “food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple); “Regulation ( EU ) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products , as amended from time to time “sell” includes possess for sale, and offer, expose or advertise for sale; “sell by retail” means to sell to a person who is not buying for the purpose of re-sale; “ specified provision ” means a provision referred to in regulation 6(2). ... ... 2 Other expressions used in these Regulations and in the Council Regulation Regulation ( EU ) 2013 or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation Regulation ( EU ) 2013 or the Commission Regulation. Exemptions from these Regulations 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vitamin content of margarine 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Enforcement 5 Each food authority in its area shall execute and enforce the specified provisions and these Regulations. Offences and penalty 6 1 Any person who contravenes, or fails to comply with, a specified provision is guilty of an offence and liable on summary conviction to a fine. 2 The specified provisions are — a Article 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with Part III of Annex VII to Regulation ( EU ) 2013 ; b Article 115 of the Council Regulation (marketing standards applying to spreadable fats, including compositional criteria for reserved descriptions), as read with — i points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council Regulation ii Article 1 of and Annex I to the Commission Regulation, or iii Article 2 of and Annex II to the Commission Regulation; and ba Articles 75(1)(h) and 78(1) and (2) of Regulation ( EU ) 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to that Regulation c Article 3 of the Commission Regulation (requirements relating to the use of the designation “butter” for composite products) as read with Annex III to that Regulation. Application of various provisions of the Act 7 1 The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations — a section 2 (extended meaning of “sale” etc ); b section 3 (presumptions that food intended for human consumption); c section 20 (offences due to fault of another person); d section 21 (defence of due diligence), as it applies for the purposes of section 14 or 15; e section 22 (defence of publication in the course of a business); f section 30(8) (which relates to documentary evidence); g section 33 (obstruction of officers); h section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2); i section 36 (offences by bodies corporate); and j section 36A (offences by Scottish partnerships). 2 Section 44 (protection of officers acting in good faith) of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference to the Act in that section shall be construed for the purposes of these Regulations as including a reference to the specified provisions. Revocations 8 The following instruments are revoked — a The Milk and Milk Products (Protection of Designations) Regulations 1990 , in so far as they apply in relation to England; b The Spreadable Fats (Marketing Standards) (England) Regulations 1999 ; c The Spreadable Fats (Marketing Standards) (England) (Amendment) Regulations 2007 . Signed by Authority of the Secretary of State for Health. Dawn Primarolo Minister of State, Department of Health