What would breach regulation 3(2) of The Fish Labelling (Scotland) Regulations 2010?

On these words an offence is committed where a person at any stage of marketing fails to comply with Article8 of Regulation2065/2001 (traceability and control). Not doing what the provision requires under the Fish Labelling (Scotland) Regulations 2010, by the time it requires it to be done. Doing it, but not in the manner or to the standard the instrument specifies.

Offences relating to consumer information

Q: Is regulation 3(2) of The Fish Labelling (Scotland) Regulations 2010 a strict liability offence?

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

regulation 3(2) of The Fish Labelling (Scotland) Regulations 2010

Revoked
Strict liability
Summary only
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

2 Any person who at any stage of marketing fails to comply with Article8 of Regulation2065/2001 (traceability and control) shall be guilty of an offence and liable on summary conviction to
a fine not exceeding level3 on the standard scale.

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 This is the text as originally made; later amendments are not shown here.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: a person
Conduct: failing to do something the instrument requires
Fault element: Strict liability
Burden of proof: No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

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

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 3(2)?

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.

On these words an offence is committed where a person at any stage of marketing fails to comply with Article8 of Regulation2065/2001 (traceability and control).
Not doing what the provision requires under the Fish Labelling (Scotland) Regulations 2010, by the time it requires it to be done.
Doing it, but not in the manner or to the standard the instrument specifies.

Penalty

Mode of trial: Summary only — tried in a magistrates’ court
Maximum fine: Not determined
Maximum prison (summary): Not determined

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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: Revoked
Revoked by: The Fish Labelling (Scotland) Regulations 2013
Revoked on: 5 October 2013
Made: 4 March 2010
In force from: 6 April 2010
Extent: S

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

These Regulations, which extend to Scotland only, provide for the execution and enforcement of Title 1, Chapter 2 of Council Regulation (EC) 104/2000 as applied by Commission Regulation (EC) 2065/2001 laying down detailed rules on the application of Council Regulation (EC) 104/2000 as regards informing consumers about fishery and aquaculture products. Title 1 of Chapter 2 of Council Regulation (EC) 104/2000 imposes requirements regarding the provision of information about the commercial designation, production method and catch area of certain fishery and aquaculture products offered for retail sale to the final consumer. It further provides for Member States to draw up and publish a list of commercial designations for at least the species listed in Annexes I to IV of the Regulation. Commission Regulation (EC) 2065/2001 describes in more detail the information to be provided to consumers and the exemptions that may be allowed. It also provides for the necessary information to be provided at each stage of the marketing process. These Regulations: a provide an updated Schedule of the commercial designations required to be drawn up by the United Kingdom (regulation 4 and the Schedule) and further provide for the granting of provisional commercial designations (regulation 8); b make provision as to the relaxation of the requirements in certain circumstances in relation to information about the production method (regulation 5); in the case of direct sales of small quantities to consumers by fishermen or aquaculture producers (regulation6) and with regard to the inclusion of additional information about catch area (regulation7); c create offences and prescribe penalties (regulation 3), specify enforcement authorities (regulation 9) and incorporate specified provisions of the Food Safety Act 1990 (regulation 10); d revoke the Fish Labelling (Scotland) Regulations 2003 and the Fish Labelling (Scotland) Amendment Regulations 2006 (regulation11). A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs, has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6thFloor, StMagnus House, 25Guild Street, Aberdeen AB116NJ.

Read the full note and every offence in this instrument

Other offences in the same instrument

Any person who, in contravention of Article4(1) of Regulation 104/2000 (consumer information) as read with…regulation 3(1)

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 is “guilty of 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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Fish Labelling (Scotland) Regulations 2010 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2010