UK Offence Report

The Meat (Official Controls Charges) (Wales) Regulations 2009

Welsh Statutory Instrument 2009 No. 1557 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
24 June 2009
In force from
28 September 2009
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, European Communities Act 1972, Schedule 2 to, the 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 apply in relation to Wales. They revoke and replace the Meat (Official Controls Charges) (Wales) Regulations 2008 (S.I. 2008/601 (W.63)). These Regulations provide for the execution and enforcement in relation to Wales of Articles 26 and 27 of Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L165, 30.4.2004, p.1; the revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum, OJ No. L191, 28.5.2004, p.1, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.29), in so far as those provisions— require or, in the case of certain types of poultry (e.g. quail) permit, fees to be collected to cover the costs occasioned by official controls performed under Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ No. L139, 30.4.2004, p.206; the revised text of Regulation (EC) No. 854/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.83, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26) at slaughterhouses, game-handling establishments and cutting plants for the verification of compliance with the provisions of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No. L139, 30.4.2004, p.55; the revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.22, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26) in so far as they apply in relation to meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game; and require fees to be collected to cover the costs occasioned by official controls performed to verify compliance with the animal welfare rules set out in Council Directive 93/119/EC (OJ No. L340, 31.12.93, p.21) in so far as they apply in relation to animals slaughtered at slaughterhouses for human consumption; permit fees to be collected to cover the costs occasioned by official controls performed outside the slaughterhouse where domestic ungulates have been slaughtered outside the slaughterhouse having suffered accidents that for welfare reasons prevent their transport to the slaughterhouse; permit fees to be collected to cover the costs occasioned by official controls performed where certain kinds of poultry are slaughtered on farm; and permit fees to be collected to cover the costs occasioned by official controls performed at the place of origin of farmed ratites, certain farmed game mammals and bison where for safety or animal welfare reasons the animals concerned are slaughtered there, rather than at a slaughterhouse. These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 (1972 c. 68) and any reference to a Community instrument defined in Schedule 1 is to be construed as a reference to that instrument as amended from time to time. These Regulations — require the Agency to notify each operator who is carrying on a food business at any slaughterhouse, game-handling establishment, cutting plant, farm or place of origin at which official controls have been exercised, of the official controls charge that has arisen in relation to those officials controls (the terms “slaughterhouse”, “game-handling establishment”, “cutting plant”, “place of origin”, “official controls” and “official controls charge” are all defined in regulation 2(1)) (regulation 3); provide that any official controls charge so notified is payable by the operator to the Agency on demand (regulation 3); allow the Agency to refuse to exercise any further official controls at given premises where, despite a Court order requiring the operator of the premises to pay the official controls charge for which the operator is liable, the operator fails to comply with the order (regulation 4); require persons to supply the Agency on demand— with such information as it may reasonably require for the purpose of calculating the official controls charge or notifying the operator of it, and with such evidence as it may reasonably require to verify that information (regulation 5); make provision as to the service of any such demand on the operator (regulation 5); provide that persons to whom such a demand has been made commit an offence if— in purported compliance with the demand, they knowingly or recklessly furnish information or evidence that is false or misleading information in a material particular, or without reasonable excuse, they fail to comply within a reasonable time with the demand (regulation 5). Schedule 2 to these Regulations sets out how the official controls charge is to be calculated. A full regulatory impact assessment of the effect that this instrument will have is available from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.

Offences created by this instrument

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.

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