What would breach regulation 19(4) of The Feeding Stuffs Regulations 1988?

Selling the goods under the Feeding Stuffs Regulations 1988 where the instrument prohibits the sale outright. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

Control of additives and premixtures

Q: Is regulation 19(4) of The Feeding Stuffs Regulations 1988 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 19(4) of The Feeding Stuffs Regulations 1988

Revoked
Strict liability
Summary only
Agriculture, plant health, food production and rural affairs

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

4 If any person sells any additive or premixture in contravention of any provision of this regulation he shall be guilty of an offence and shall be liable on summary conviction to
a fine not exceeding £1,000.

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 This is the text as originally made; later amendments are not shown here.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: selling or supplying something the instrument restricts
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 19(4)?

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.

Selling the goods under the Feeding Stuffs Regulations 1988 where the instrument prohibits the sale outright.
Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

Penalty

Mode of trial: Summary only — tried in a magistrates’ court
Maximum fine: £1,000
Maximum prison (summary): Not determined

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.

Animal cruelty: definitive guideline Magistrates' courts in England and Wales · in force from 1 July 2017
Covers cruelty to and neglect of animals, and the associated disqualification and deprivation orders.
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 Feeding Stuffs Regulations 1991
Revoked on: 22 January 1992
Made: 3 March 1988
In force from: 6 April 1988
Extent: Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

These Regulations, which supersede the Feeding Stuffs (No. 2) Regulations 1986, implement the directives listed in paragraph 2 below, and incorporate certain changes in the law which are described in paragraph 7 below. The principal directives implemented are— Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p.1), (OJ/SE Vol. 18, p.4) concerning additives in feeding stuffs, as amended; Council Directive 74/63/EEC (OJ No. L38, 11.2.74, p.31) on undesirable substances and products in animal nutrition, as amended; Council Directive 77/101/EEC (OJ No. L32, 3.2.77, p.1) on the marketing of straight feeding stuffs, as amended; Council Directive 79/373/EEC (OJ No. L86, 6.4.79, p.30) on the marketing of compound feeding stuffs, as amended; Commission Directive 80/511/EEC (OJ No. L126, 21.5.80, p.14) authorising, in certain cases, the marketing of compound feeding stuffs in unsealed packages or containers; Council Directive 82/471/EEC (OJ no. L213, 21.7.82, p.8) concerning certain products used in animal nutrition; Commission Directive 82/475/EEC (OJ No. L213, 21.7.82, p.27) laying down the categories of ingredients which may be used for the purposes of labelling compound feeding stuffs for pet animals; and the Regulations incorporate amendments and additions to those directives including those made by the following, which require the changes in the law described in paragraph 7 below: Commission Directive 86/174/EEC (OJ No. L130, 16.5.86, p.53) fixing the method of calculation for the energy value of compound poultry feed; Fourth Commission Directive 86/299/EEC (OJ No. L189, 11.7.86, p.40) amending the Annex to Council Directive 74/63/EEC; Commission Directive 86/300/EEC (OJ No. L189, 11.7.86, p.42) amending the Annexes to Council Directive 70/524/EEC; Council Directive 86/354/EEC (OJ No. L212, 2.8.86, p.27) amending Directives 74/63/EEC, 77/101/EEC and 79/373/EEC; Commission Directive 86/403/EEC (OJ No. L233, 20.8.86, p.16) amending the Annexes to Council Directive 70/524/EEC; Commission Directive 86/525/EEC (OJ No. L310, 5.11.86, p.19) amending the Annexes to Council Directive 70/524/EEC; Commission Directive 86/530/EEC (OJ No. L312, 7.11.86, p.39) amending the Annex to Council Directive 82/471/EEC; Commission Directive 87/234/EEC (OJ No. L102, 14.4.87, p.31) amending the Annex to Council Directive 77/101/EEC; Commission Directive 87/235/EEC (OJ No. L102, 14.4.87, p.34) amending the Annex to Council Directive 79/373/EEC; Commission Directive 87/238/EEC (OJ No. L110, 25.4.87, p.25) amending the Annexes to Council Directive 74/63/EEC; Council Directive 87/519/EEC (OJ No. L304, 27.10.87, p.38) amending Council Directive 74/63/EEC; Commission Directive 87/552/EEC (OJ No. L336, 26.11.87, p.34) amending the Annexes to Council Directive 70/524/EEC. The Regulations apply to feeding stuffs for animals of the descriptions specified in regulation 3 and for pet animals. Those feeding stuffs (with the exception of straight feeding stuffs intended for use as pet foods) are prescribed in regulation 4 for the purposes of sections 68(1) and 69(1) of the Agriculture Act 1970 (“the Act”), which require the sellers of prescribed materials to give statutory statements as to their composition and information or instructions as to their storage, handling and use, and to mark them with that information. The contents of statutory statements are prescribed by regulation 5 and Schedule 1, and their form by regulation 6. Further provisions relating to statutory statements are contained in regulations 7, 8 and 9. The Regulations also provide for— permitted limits of variation in mis-statements in statutory statements, (regulation 11 and Schedule 3); the manner of packaging and sealing compound feeding stuffs, additives and premixtures (regulation 12); and the meaning of names for the purposes of section 70 of the Act, (which creates an implied warranty that material described by a name to which a meaning has been so assigned accords with that meaning), (regulation 13(1) and Schedule 2). The Regulations further provide for the control of the moisture content of compound feeding stuffs containing milk products (regulation 14), and regulate the marketing of feeding stuffs containing additives (regulation 15 and Schedule 4), undesirable substances (regulation 16 and Schedule 5), aflatoxin B1 (regulation 17) and certain protein sources and non-protein nitrogenous compounds (regulation 18(1) and Schedule 7). The marketing of feeding stuffs consisting of or containing “Candida” yeasts cultivated on n-alkanes is prohibited (regulation 18(2)). The labelling or marking of additives and premixtures of additives is also controlled (regulation 19 and Schedule 8). The Regulations modify section 66(2) of the Act so as to make it apply to the importation and use as well as the sale of feeding stuffs, and section 82 so as to make it apply to additional sections of Part IV of the Act. (Section 82 provides for defences of mistake, due diligence etc). The following changes in the law are effected in implementation of the directives listed in paragraph 2 above as amending or adding to the principal directives; definitions of “energy value”, “fat”, “ingredients”, “milk replacer feed”, “national list” and “starch” are inserted in regulation 2(1); the list of animals prescribed for the purpose of the definition of feeding stuff in section 66(1) of the Act is extended to include lambs, kids and deer; the description of material prescribed in regulation 4 for the purposes of sections 68(1) and 69(1) of the Act (see paragraph 3 above) now includes any material usable as an ingredient in a feeding stuff (other than a straight feeding stuff intended for use as a pet food); the meaning assigned to the names of certain feeding stuffs by regulation 10 for the purposes of section 70 of the Act (implied warranties) are extended to milk replacer feeds; the marketing of vegetable materials named in column 2 of Schedule 2 of which the botanical purity is less than 95% is prohibited by regulation 13(2); special provision for the marketing of ingredients to be used in feeding stuffs which are contaminated with certain exceptionally undesirable substances is made in regulation 16(3) and (4). Copies of the national list referred to in paragraph 4(a) of this regulation, and defined in regulation 2(1), may be obtained on and after the 30th November 1988 from the Publications Unit of the Ministry of Agriculture, Fisheries and Food, Lion House, Willowburn Trading Estate, Alnwick, Northumberland NE66 2PF, and the list may be inspected free of charge at the Ministry’s headquarters at Great Westminster House, Horseferry Road, London SW1P 2AE; special provision in relation to milk replacer feeds is made in regulation 20; a number of additions and amendments are made to Schedule 1 (paragraphs 2, 7, 14, 15 and 16), Schedule 2 (items dried molassed sugar beet feed, 4.6 and 4.9), Schedule 3 (protein), Schedule 4 (Parts II, III, Chapter B, VI and IX), Schedule 5 (cadmium and aflatoxin) in Part I (Chapters A and B) and Part II, and a new Chapter D of Part I (for pesticide residues) and Schedule 7 (items 1.1.1.1 and 2.2.2); an official method of calculating the energy value of compound poultry feeds is provided in a new Schedule 9, and is referred to in Schedule 1, paragraph 11(a)(v) and Schedule 3, Part E. The Regulations, which apply throughout Great Britain, come into force for the purposes of regulation 16(3) and (4), paragraph 16 of Schedule 1 and Part II of Schedule 5 on 3rd December 1988, for the purposes of Chapter D of Part I of Schedule 5 on 3rd December 1990 and for all other purposes on 6th April 1988.

Read the full note and every offence in this 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 is “guilty of an offence”; the provision states liability on summary conviction; the provision states a penalty in older drafting
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 Feeding Stuffs Regulations 1988 Every offence this instrument creates, and its explanatory note
Agriculture, plant health, food production and rural affairsOther offences on the same subject
Offences created in 1988