S.L. 437.110 Art. 10Offences and punishments. Cap. 9. Cap. 449.

(1) Any person who contravenes or fails to comply with any of the provisions of these rules shall be guilty of an offence and shall, on conviction, be liable to the punishments contemplated in articles 35(2), 36(2), 37(2) and 38(2) of the Act which punishment may include imprisonment of not more than six (6) months or a fine (multa) of not less than four thousand euro (€4,000) and not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) or both such imprisonment and fine (multa).

(2) Where the Director has reasonable cause to believe that an offence against these rules has been committed by any person and, having regard to the previous conduct of the person concerned, it would be appropriate to impose an administrative penalty, the Director may decide to impose an administrative penalty in accordance with article 61 of the Act.

(3) In accordance with the provisions of article 57(2) of the Act, where any person is convicted of an offence against these rules, the Court may, in addition to any other punishment that it may impose, order that those animals, instruments, appliances, products or substances used in the commission of the offence shall be forfeited in favour of the Government and, if so forfeited, shall be disposed of in such a manner as the Court may determine on the advice of the Director.

(4) In the event of a second or subsequent conviction against these rules, the provisions of article 60 of the Act shall apply.

(5) Without prejudice to the provisions of sub-rules (1) to (4)

and to any provision of the Criminal Code which may apply in this regard, any person committing a breach of rules 5, 8 and 9 shall be subject to the provisions of articles 43 and 44 of the Food Safety Act which shall also apply in this regard together with any other punishments that may be imposed.

(6) The provisions of sub-rules (1) to (4) shall continue to apply without prejudice to any pending criminal proceedings which shall have been instituted against the offender committing an offence against these rules.