UK Offence Report

Application and modification of provisions of the Food Safety Act 1990

regulation 22(2) of The Animals, Meat and Meat Products (Examination for Residues and Maximum limits) Regulations 1991

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

2 Section 9 (inspection and seizure of suspected food) of the Act shall apply for the purposes of these Regulations as if food which it is an offence to sell under these Regulations were food which failed to comply with food safety requirements.

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 This is the text as originally made; later amendments are not shown here.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
Legal burden on the defendant

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 gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

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

The defence, as drafted

1 In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by a person under his control. 2 If in any case the defence provided by paragraph (1) above involves the allegation that the commi

What would breach regulation 22(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.

  1. On these words it is an offence to sell under these Regulations were food which failed to comply with food safety requirements.
  2. Selling the goods under the Animals, Meat and Meat Products (Examination for Residues and Maximum limits) Regulations 1991 where the instrument prohibits the sale outright.
  3. Supplying without carrying out a check the instrument requires first, even where the sale would otherwise be lawful.
  4. Offering for sale counts as well as selling: displaying stock is enough where the provision reaches an offer.

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
16 December 1991
In force from
8 January 1992
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 revoke and re-enact provisions formerly contained in the Animals and Fresh Meat (Examination for Residues) Regulations 1988 (in so far as they related to Great Britain), the Meat and Meat Products (Hormonal Substances) Regulations 1989, the Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989 and the Hormonal Substances (Food Sources) (Animals) Regulations 1991 concerning the examination of animals, meat and meat products for the presence of residues and taking of further action in the event of any animal, or meat product being found to contain a residue of a hormonal substance. In addition, the Regulations contain various new provisions prohibiting the presence in food and food sources of unlicensed substances and regulating the presence in food and food sources of authorised substances by specifying maximum residue limits which will apply in respect of such substances. The Regulations contain provisions which– 1 treat prohibited substances as covered in previous regulations as also prohibited from administration to animals under these Regulations (regulations 2 and 3) and prohibit the administration to an animal of an unlicensed substance (regulation 4); 2 prohibit the sale and the supply for slaughter, and the slaughter, of an animal for human consumption if it contains a prohibited substance, an unlicensed substance (including a beta-agonist deemed to be an unlicensed substance under the Regulations) or a concentration of an authorised substance exceeding the relevant maximum residue limit or if the withdrawal period in respect of any veterinary medicinal product which has been administered to the animal has not expired (regulation 5); 3 prohibit the sale of meat and meat products in which there is any prohibited or unlicensed substance (including a beta-agonist deemed to be an unlicensed substance under the Regulations) or a concentration of an authorised substance exceeding the relevant maximum residue limit (regulation 6) 4 make provision for the primary analysis of samples taken from animals, meat and meat products, for notice to be given to the owner of positive findings of prohibited and unlicensed substances (including beta-agonists deemed to be unlicensed substances under the Regulations) and excess concentrations of authorised substances and for a reference analysis to be carried out where such findings are challenged by the owner or an authorised officer of an enforcement authority so decides (regulations 7, 8 and 9); 5 empower an authorised officer of an enforcement authority to give notice to the owner of an animal requiring him to detain the animal at the place where it is (or to remove it to such other place as is specified in the notice and detain it there) to enable it to be inspected in order to ascertain whether it contains a prohibited or an unlicensed substance or a residue of an authorised substance which an authorised officer reasonably suspects may result in any meat or meat product derived from that animal containing an authorised substance at a concentration exceeding the relevant maximum residue limit (regulation 13); 6 empower an authorised officer of an enforcement authority, where it appears to him as a result of an inspection that an animal contains a residue of a prohibited or an unlicensed substance or a residue of an authorised substance which he reasonably suspects may result in any meat or meat product derived from that animal containing an authorised substance at a concentration exceeding the relevant maximum residue limit, to give notice to the owner of the animal prohibiting any commercial operations being carried out in respect of it, prohibiting it being moved from the place where it is (except to a place specified in the notice) until the notice is withdrawn in order that the animal can be subjected to such examinations for the presence of residues as an authorised officer may reasonably consider to be necessary (regulation 14); 7 require a notice to be given to the owner of an animal found to contain a prohibited or an unlicensed substance requiring the animal to be slaughtered (regulation 15(3)) 8 require a notice to be given to the owner of any animal found to contain a concentration of an authorised substance which an authorised officer of an enforcement authority reasonably suspects may result in any meat or meat product derived from that animal having a concentration of that substance exceeding the relevant maximum residue limit, prohibiting the slaughter of that animal for human consumption until such time as an authorised officer is satisfied that the animal does not contain such a concentration of an authorised substance (regulation 15(4) and (5)); 9 prohibit the sale for human consumption and the disposal for human or animal consumption of an animal which has been slaughtered in accordance with the Regulations (regulation 16); 10 permit, in specified circumstances, the early slaughter of animals containing excess concentrations of authorised substances (regulation 17); 11 empower an authorised officer of an enforcement authority, where the analysis of a sample taken from an animal shows that it contains a beta-agonist or where he reasonably suspects that a carcase at a slaughterhouse contains such a residue to require the owner of the animal or carcase to produce documentary evidence of the authorisation by a veterinary surgeon of the administration to the animal (including the animal from which the carcase was derived) of a beta-agonist with effect that, if no such evidence is produced, the beta-agonist is to be an unlicensed substance (regulation 18); 12 empower an authorised officer of an enforcement authority if he has reasonable grounds for suspecting that any meat or meat product is material the sale of which would be prohibited by the Regulations, to give notice to the owner of such meat or meat product prohibiting its sale or use as an ingredient in any meat product for sale for human consumption or its removal (except to a place specified in the notice) (regulation 19); 13 require the keeping of certain records relating to the administration to animals of veterinary medicinal products and to the slaughter of animals (regulation 20); and 14 apply specified sections of the Food Safety Act 1990 to these Regulations, including section 9 which is applied so as to treat food prohibited from sale under these Regulations as equivalent for purposes of control and seizure by authorised officers and action by justices of the peace to food which fails to comply with food safety requirements (regulation 22). The contravention or failure to comply with provision of the Regulations or with any provision of a notice given under the Regulations is an offence in respect of which a person is liable on summary conviction to a fine not exceeding the statutory maximum or on conviction on indictment to a fine (regulation 21(2)). The Regulations continue the implementation of Community provisions contained in Council Directives 81/602/EEC and 85/358/EEC (concerning the prohibition of certain substances having a hormonal action and of any substances having a thyrostatic action) and 86/469/EEC (concerning the examination of animals and fresh meat for the presence of residues) which were originally implemented, in relation to Great Britain, by the Animals and Fresh Meat (Examination for Residues) Regulations 1988, the Meat and Meat Products (Hormonal Substances) Regulations 1989 and the Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989. For the purposes of these Regulations— “animal” means an animal of the bovine species (including certain species of buffalo), swine, sheep, goats, solipeds, camelids, rabbits, deer and birds reared for human consumption; “prohibited substance” means any hormonal substance administered to an animal contrary to the prohibition contained in regulation 3; “unlicensed substance” means— in relation to a substance administered to an animal in the United Kingdom, a transmissible substance in respect of which there is neither— any current veterinary product licence authorising its sale or supply for use in that animal in the United Kingdom; nor any current animal test certificate authorising its use in that animal in the United KIngdom; and in relation to a substance administered to an animal in another member State, a transmissible substance in respect of which there is no current authorisation issued in that State for its use in that animal in that State; “authorised substance” means a transmissible substance the presence of which in any animal, meat or meat product is permitted by or in implementation of Community law; and “transmissible substance” means any substance having a pharmacological action or any conversion product thereof or any other substance which if transmitted to meat would be likely to be dangerous to human health.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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