UK Offence Report

Amendment of the Animal Feed (Scotland) Regulations 2010

regulation 7(5) of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020

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

Offence of failing to comply with

a specified provision of Regulation 2020/354

11 A person who contravenes or fails to comply with Article 1 (conditions on marketing) as read with Article 2 (derogation for feed which complies with the provisions of Directive 2008/38/EC) and Article 3 (derogation for feed labelled before

25 March 2022 in accordance with the rules applicable before

25 March 2020) 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 This is the text as originally made; later amendments are not shown here.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
a person
Conduct
contravening a requirement of the instrument
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 7(5)?

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. Doing the thing the provision prohibits under the Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020, whatever the reason for doing it.
  2. 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
17 December 2020
In force from
Not determined
Extent
S

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 which applying to Scotland only provide for the transfer of functions for execution and enforcement of feed law in Scotland from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. Regulation 2 repeals section 67 of the Agriculture Act 1970 (1970 c.40) in so far as it applies to Scotland, and inserts a new section 67A (applying to Scotland only). Section 67A makes Food Standards Scotland responsible for enforcing Part IV of the Agriculture Act 1970 in so far as it applies to feed and Local Authorities in so far as it applies to fertiliser. Regulation 3 amends the Genetically Modified Animal Feed (Scotland) Regulations 2004 (S.S.I. 2004/433) to provide for the transfer of responsibility to enforce these Regulations from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. Regulation 4 amends the Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004 (S.S.I. 2004/438) to transfer the responsibility for enforcing these Regulations in so far as they apply to feed from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. The responsibility for enforcing these Regulations in so far as they apply to food remains with Local Authorities. Regulation 5 amends the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (S.S.I. 2005/608) to provide for the transfer of responsibility to enforce these Regulations from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. Regulation 6 amends the Official Feed and Food Controls (Scotland) Regulations 2009 (S.S.I. 2009/446) to transfer the responsibility for enforcing these Regulations in so far as they apply to feed from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. The responsibility for enforcing these Regulations in so far as they apply to food remains with Local Authorities. Regulation 7 amends the Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373) ) to provide for the execution and enforcement of Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC (OJ No. L 67, 5.3.2020, p.1.). It also provides for the transfer of responsibility to enforce these Regulations from Local Authorities in their areas to Food Standards Scotland, and make provision for Food Standards Scotland to delegate all or part of its functions. Regulation 8 amends the Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 (S.S.I. 2010/354) by updating the schedule to reflect the changes made to at Regulations 2 to 7. Regulation 9 amends The Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018 (S.S.I. 2018/15) by making Food Standards Scotland responsible for enforcing these Regulations.

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