The Wine Regulations 2009 (revoked)

UK Statutory Instrument 2009 No. 386 — creates 9 criminal offences.

9offences created

0recorded in force

0revoked

Made: 25 February 2009
In force from: 30 March 2009
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 Common Agricultural Policy (Wine) (England and Northern Ireland) Regulations 2001, as amended, in so far as those Regulations apply in England. The Regulations reflect those changes in the Community wine regime coming into force on 1st August 2008 made by— Council Regulation (EC) No 479/2008 on the common organisation of the market in wine; Commission Regulation (EC) No 555/2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector (OJ No L170, 30.6.2008, p. 1). The main change is that restrictions on the types of vine that may be used for wine-making are reduced. As under the revoked Regulations, these Regulations enforce the Community provisions set out in regulation 2. They make provision for the establishment of organoleptic panels for the assessment of wines. They provide for enforcement mechanisms, including powers of inspectors to serve notices controlling movements of wines not complying with the Regulations. They are enforced by the local authority, the Food Standards Agency, the Secretary of State or Her Majesty’s Revenue and Customs as set out in regulation 3. Breach of these Regulations is an offence punishable— a for obstruction of an authorised officer, with a fine not exceeding level 3 on the standard scale on summary conviction; b for breach of the provisions in regulation 14(2), with a fine not exceeding level 4 on the standard scale on summary conviction; c for all other provisions, a fine not exceeding the statutory maximum on summary conviction, or an unlimited fine for conviction on indictment. This instrument implements the first phase of the reform of the Community wine regime, an impact assessment has been prepared and is available at www.defra.co.uk.

Offences created by this instrument

Placing on the market paragraph 1 of SCHEDULE 3 · Status not determined · Strict liability
Geographical indications for table wine paragraph 2(1) of SCHEDULE 2 · Status not determined · Strict liability
Geographical indications for table wine paragraph 2(6) of SCHEDULE 2 · Status not determined · Strict liability
Movement of a controlled wine-sector product regulation 12(1) · Status not determined · Strict liability
Movement of a controlled wine-sector product regulation 12(2) · Status not determined · Strict liability
Movement of a controlled wine-sector product regulation 12(3) · Status not determined · Strict liability
Obstruction regulation 13 · Status not determined · Requires proof of a state of mind
Any person guilty of obstruction under regulation 13 is liable on summary conviction to a fine not exceeding level 3… regulation 14(1) · Status not determined · Mixed — some elements strict, some not
Any person who breaches any provision set out in Schedule 1 is guilty of an offence regulation 4 · Status not determined · Strict liability

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2009