Contravention of The Medicines (Medicated Animal Feeding Stuffs) Regulations 1988

the instrument as a whole of The Medicines (Medicated Animal Feeding Stuffs) Regulations 1988

Revoked
Strict liability
Set by another provision
Drugs and medicines

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

Contravening this instrument is an offence under section
67 of the Medicines Act 1968. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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: breaching the provision
Fault element: Strict liability
Burden of proof: Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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.

Doing what the provision prohibits, or failing to do what it requires under the Medicines (Medicated Animal Feeding Stuffs) Regulations 1988.

Penalty

Mode of trial: Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine: Not determined
Maximum prison (summary): Not determined

The instrument does not state a penalty itself. It sets one by reference to section 67 of the Medicines Act 1968.

the penalty is in the parent Act, not in this instrument.

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.

Drug offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales
Covers importation, supply, production and possession of controlled drugs, with sentencing driven by drug class and the offender's role.
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 Medicines (Medicated Animal Feeding Stuffs) Regulations 1989
Revoked on: 1 January 1990
Made: 26 May 1988
In force from: 1 July 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 consolidate with amendments the Medicines (Medicated Animal Feeding Stuffs) Regulations 1985 and implement in part the provisions of Article 13 of Council Directive 70/524/EEC (OJ No. L270, 14.12.70, p. 1 (OJ/SE 1970 (III) p. 840)) concerning additives in feeding stuffs, as substituted by Article 1 of Council Directive 84/587/EEC (OJ No. L319, 8.12.84, p. 13). The relevant provisions of the Regulations which implement provisions in that Article are to be found in regulations 3(1)(a), 4(1)(a) and 6. The Regulations continue to prohibit a person, in the course of a business carried on by him, from incorporating a medicinal product in an animal feeding stuff unless it is incorporated in accordance with a product licence, an animal test certificate or a veterinary written direction given by a veterinary surgeon or verterinary practitioner. Additionally, with effect from 1st July 1988 these Regulations generally require the person incorporating the medicinal product to be registered in Part A of a Register (“the Register”) kept by the person appointed as registrar under section 1 of the Pharmacy Act 1954 (c. 61) or by the Department of Agriculture for Northern Ireland in respect of the premises where the medicinal product is incorporated, if the medicinal product is incorporated at a rate below 2 kilograms per tonne. In any other case with effect from 1st July 1989 he must generally be registered in either Part A or Part B of the Register (regulations 1(2) and 3). The Regulations generally prohibit a person not registered in Part A of the Register from incorporating in an animal feeding stuff a medicinal product for which there is no product licence or animal test certificate relating to the incorporation of that product in an animal feeding stuff (regulation 3(3)). A person operating mobile mixing equipment may be registered in respect of the premises where that equipment is normally kept (regulation 3(2)(c)). The Regulations continue to prohibit a person, in the course of a business carried on by him, from selling or supplying any animal feeding stuff in which a medicinal product, not being a prescription only medicine (that is to say a medicinal product which may be sold or supplied by retail only in accordance with a prescription given by a veterinary surgeon or veterinary practitioner), has been incorporated or from importing any such animal feeding stuff unless the medicinal product was incorporated in the animal feeding stuff in accordance with a product licence, an animal test certificate or a veterinary written direction. Additionally, these Regulations require that in the case of sale or supply all the other requirements of regulation 3 must have been complied with (regulation 4(1) and (2)). The Regulations continue to prohibit a person, in the course of a business carried on by him, from selling or supplying any animal feeding stuff in which a prescription only medicine has been incorporated or from importing any such animal feeding stuff except in accordance with a veterinary written direction, subject to certain exceptions (regulation 4(3) and (4)). The Regulations also— a require analysis of the medicinal product and final medicated feeding stuff in certain circumstances (regulations 3(4) and 4(5) and (6)); b continue to prescribe the form of a veterinary written direction for the purposes of the Regulations and add a new Section at the end of the form (regulations 3(2)(b) and (3), (4)(6)(b) and 5 and Schedule); c impose detailed requirements relating to registration in the Register, including provision for payment of fees and giving an undertaking to comply with a specified Code of Practice (regulations 1(2) and 6). (The Codes of Practice are priced publications and are available from MAFF Publications Unit, Willowburn Estate, Alnwick, Northumberland, NE66 2PF.) Copies of the British Pharmacopoeia and British Pharmacopoeia (Veterinary) may be obtained from HMSO, and copies of the European Pharmacopoeia may be obtained from the Pharmaceutical Society of Great Britain.

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 0.54.

Basis: the penalty comes from the enabling Act rather than from this instrument
Confidence: 0.54 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 Medicines (Medicated Animal Feeding Stuffs) Regulations 1988 Every offence this instrument creates, and its explanatory note
Drugs and medicinesOther offences on the same subject
Offences created in 1988