SCHEDULE 2Fixed monetary penalties

Service of final notice

schedule 2 paragraph 5 + 5.—(1) If the person who has received a notice of intent does not discharge liability within 28 days, the food authority may serve on that person a notice (“final notice”) imposing a fixed monetary penalty.

(2) The food authority must not serve a final notice on a person where the food authority is satisfied that the person would not, by reason of any defence, be liable to be convicted of the offence to which the notice relates.

(3) Where a food authority has served a final notice relating to a fixed monetary penalty, it must not serve any other notice under these Regulations in relation to the offence.