UK Offence Report

The Dairy Produce Quotas Regulations 1993

UK Statutory Instrument 1993 No. 923 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
29 March 1993
In force from
1 April 1993
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations revoke and replace the Dairy Produce Quotas Regulations 1991. They implement in the United Kingdom Council Regulation (EEC) No. 3950/92 (OJ No. L405, 31.12.92, p. 1) establishing an additional levy in the milk and milk products sector and Commission Regulation (EEC) No. 536/93 (OJ No. L57, 20.3.93, p. 12) establishing detailed rules for the levy, which consolidate and amend earlier legislation relating to the levy and which are together referred to in these Regulations as “the Community Legislation” (regulation 2). Under the Community legislation, a levy continues to be payable on dairy produce sold by direct sale by a producer or delivered by him wholesale to a dairy business, unless the sales or deliveries are within a reference quantity described in that legislation. The Community legislation establishes the system of what are commonly called “milk quotas” and in these Regulations the term “quota” is used to refer to the reference quantities described in the Community legislation. The main changes are as follows: Minor changes have been made to certain of the definitions in order to update them (regulation 2). Where wholesale deliveries are made, the levy is stated to be payable through purchasers of dairy produce (regulation 4 and Schedule 4); the Community legislation permits Member States a choice between collecting levy in this way or calculating it by reference to individual producers. Changes are made to the provisions governing the registration of producers and purchasers in order to ensure that the requirements of the Community legislation are met and that all producers who are in a position to make wholesale deliveries are registered, even where not currently making deliveries (regulations 6 and 27). A requirement for purchasers to register with the Intervention Board for Agricultural Produce is also introduced (the Intervention Board being the authority designated to ensure the collection of levy) (regulation 27). Regional restrictions on the mobility of quota are removed, except in relation to transfers of quota which would affect the overall quantity of quota available in certain Scottish Islands areas (regulation 7). A national reserve is established and provision made for allocations from it (regulation 13). The restriction on the quantity of quota which a producer who makes wholesale deliveries may temporarily transfer is removed (regulation 14). Provisions on the temporary reallocation of quota (which is undertaken in certain exceptional circumstances in order to minimise levy liability) are updated in line with the Community legislation (regulation 15). A provision is introduced in relation to the fat content of the milk supplied by certain producers who are commencing production to allow them to claim a higher representative figure where their herd contains certain breeds (regulation 18). Provision is introduced, pursuant to the Community legislation, to allow for the confiscation of quota where a producer who is registered with a purchaser has not made deliveries (or made a temporary transfer of quota) for a twelve-month period, or where a direct seller of dairy produce has not supplied a declaration of his sales or has supplied a declaration which indicates that he has made no sales. The producer from whom quota is withdrawn may, however, have the quota restored to him within a six-year period from the date of withdrawal (regulation 32). A change is made to the provisions governing arbitrations which decide the apportionment of quota to allow arbitrators to take into account milk production on a holding during the last five-year period in which production took place (the previous regulations referred to a five-year period preceding a change of occupation) (Schedules 1, 2 and 3).

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