UK Offence Report

Feed business emergency prohibition notices and orders

regulation 26(6) of The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

6 As soon as practicable after the making of a feed business emergency prohibition order, an authorised officer must — a serve a copy of the order on the relevant feed business operator; and b affix a copy of the order in a conspicuous position on such premises used for the purposes of the feed business as the officer considers appropriate, and any person who knowingly contravenes such an order commits an offence.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
an authorised officer
Conduct
contravening a requirement of the instrument
Fault element
Requires proof of a state of mind
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly.

What would breach regulation 26(6)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where an authorised officer knowingly contravenes such an order.
  2. Doing the thing the provision prohibits under the Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 2016, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
11 January 2016
In force from
14 February 2016
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations provide for the continuing execution and enforcement of Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene (OJ No. L25, 8.2.2005, p.1), (“Regulation 183/2005”) and Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed (OJ No. L54, 26.2.2009, p.1), (“Regulation 152/2009”), and also make provision as to administration generally in relation to feed law, in particular so as to give effect to 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. L191, 28.5.2004, p.1), (“Regulation 882/2004”). Part 2 of these Regulations deals with the execution and enforcement of Regulation 183/2005, which provides that almost all businesses producing, trading in or using animal feed should be either registered, or as the case may be approved, by the competent authorities. The excepted activities to which Regulation 183/2005, and consequently Part 2 of these Regulations, do not apply, are set out in Article 2 of that Regulation and comprise — a the private domestic production of feed for animals not kept for consumption, or kept for private domestic consumption only; b the feeding of non food-producing animals; c the feeding of animals kept for private domestic consumption or for direct supply, by the producer, of small quantities of primary products to the final consumer or to local retailers; d the direct supply, by the producer, of small quantities of primary produced feed to local farms for use on those farms; and e the retailing of pet food. In particular provision is made in Part 2 to — f designate the competent authorities for the purposes of the various functions mentioned in Regulation 183/2005 (regulation 4); g identify those provisions of Regulation (EC) No. 183/2005 where failure to comply gives rise to an offence (regulation 5 and Schedule 2); h set out the requirements which must be observed by anyone — i notifying the enforcement authority with a view to registering a feed business establishment (regulation 6); or ii applying for approval of a feed business establishment (regulation 7); i lay down the procedures to be followed by an enforcement authority when — i suspending the registration or approval of a feed business establishment (regulation 8); ii lifting the suspension of a registration or approval (regulation 9); or iii revoking the registration or approval of a feed business establishment (regulation 10); j set out the requirements to be observed by anyone applying for an amendment to a registration or approval (regulation 11); k provide for a right of appeal against decisions relating to registrations or approvals taken by enforcement authorities (regulation 12); and l specify the fees payable by an applicant for approval or amendment to an approval (regulation 13 and Schedule 3). Part 3 of these Regulations provides for the execution of Regulation 152/2009 and contains other provisions relating to sampling and analysis, in particular by — m laying down the procedure to be observed when taking and sub-dividing samples for analysis (regulation 14); n providing for secondary analysis of a sample to be carried out by the Laboratory of the Chief Agricultural Analyst (regulation 15); o making provision for the sending or hand delivery of samples (regulation 16); p prescribing the form and evidential status of a certificate of analysis (regulation 17); q making provision for methods of analysis where the sampling has not been carried out in the course of official controls (regulation 18); and r making it an offence to tamper or otherwise interfere with a sample (regulation 19). Part 4 of these Regulations contains provisions relating to the execution and enforcement of these Regulations, in particular — s specifying that it is the duty of DARD to enforce the Regulations (regulation 20); t limiting the personal liability of an authorised officer acting in good faith (regulation 21). Part 5 of these Regulations contains enforcement powers and provisions dealing with related matters; in detail — u a power for an authorised officer to serve an improvement notice where a feed business is failing to comply with specified feed law (regulation 22); v the right of a business operator to appeal to a magistrates’ court against an improvement notice (regulation 23); w additional matters relating to appeals (regulation 24); x provision for a court to impose a prohibition order on a feed business operator convicted of an offence under specified feed law (regulation 25); y a power for a magistrates’ court to impose on an operator an emergency prohibition order under specified conditions and after due notice has been served (regulation 26); z powers for an authorised officer for specified purposes to enter premises, together with associated powers of inspection etc. (regulation 27); aa a power for an authorised officer to detain or seize non-compliant feed and apply to the magistrates’ court for its destruction or disposal (regulation 28); bb a number of offences relating to the exercise of enforcement powers (regulation 29); cc provision for recovery of money incurred by the enforcement authority in dealing with non-compliance (regulation 30); dd the maximum penalties that a court may impose for offences under these Regulations (regulation 31); ee defences to offences under specified feed law (regulation 32); ff provisions relating to where proceedings for an offence may be taken under specified feed law and the time limits for beginning a prosecution under these Regulations (regulation 33); and gg requirements regarding notices (regulation 34). Part 6 of these Regulations contains provisions that make consequential amendments to the Official Feed and Food Controls Regulations (Northern Ireland) 2009 (regulation 35), revoke certain other regulations (regulation 36 and Schedule 5).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source