UK Offence Report

Offences and penalties

regulation 22(1) of The Fresh Meat (Hygiene and Inspection) Regulations 1992

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

1 If any person contravenes or fails to comply with any provision of these Regulations he shall be guilty of an offence and shall be liable—

a on summary conviction, to

a fine not exceeding the statutory maximum; or

b on conviction on indictment, to

a fine or imprisonment for

a term not exceeding two years or both.

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 This is the text as originally made; later amendments are not shown here.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 22(1)?

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 Fresh Meat (Hygiene and Inspection) Regulations 1992, 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
Either way — magistrates’ court or Crown Court
Maximum fine
£5,000
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

expressed as the statutory maximum (the prescribed sum): the same words mean £5,000 in England and Wales and £10,000 in Scotland.

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
21 August 1992
In force from
1 October 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, replace and amend the instruments specified in Schedule 23. The Regulations give effect in part to Council Directive 91/497/EEC (OJ No. L268, 24.9.91, p. 69) which amends and updates Directive 64/433/EEC on health problems affecting intra-Community trade in fresh meat to extend it to the production and marketing of fresh meat, and in part to Council Directive 91/495/EEC (OJ No. L268, 24.9.91, p. 41) concerning public health and animal health problems affecting the production and the placing on the market of farmed game meat. References in this note to the Directive are references to Directive 91/497/EEC unless stated otherwise. The Regulations do not apply to premises where fresh meat is used exclusively for the production of meat products, meat preparations, minced meat and mechanically recovered meat or to premises where fresh meat is cut up or stored for sale to the final consumer from those premises or to premises used for carcase competitions (regulation 3; article 1.2). After 1st January 1993 a slaughterhouse, cutting premises, cold store, farmed game handling facility or a farmed game processing facility must have a current licence issued by the appropriate Minister. Such a licence will be issued only if the premises complies with the prescribed requirements as to structure and hygiene (regulation 4; article 10). There are different structural requirements for low throughput slaughterhouses, cutting premises and farmed game processing facilities (regulation 4(2); Schedule 5 and Part III of Schedule 6; article 4). The slaughter of farmed game at a farmed game handling facility is permitted subject to certain conditions (regulation 4(2)); Schedule 6, Part I; article 6 of 91/495/EEC). A licence may be refused (regulation 4; article 10) or revoked (regulation 5; article 10.1) with a right of appeal to a Meat Hygiene Appeals Tribunal (regulation 6). The procedural rules in respect of an appeal are prescribed in the Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992. No slaughterhouse nor farmed game handling facility shall be used for the slaughter of animals not intended for human consumption except in specified circumstances (regulation 7; article 3). There will be veterinary supervision of all licensed premises; local authorities will continue to appoint official veterinary surgeons and inspectors to supervise licensed premises (regulation 8; article 9). The Minister may curtail the designation of an official veterinary surgeon who is deemed to be unfit to perform his duties (regulation 9). Official veterinary surgeons and veterinary officers of the Minister may prohibit the use of equipment or the use of part of the premises or reduce the rate of operation (regulation 10; article 9) although a person aggrieved by such a decision may appeal to the appropriate court. The requirement to apply the health mark is extended to fresh meat produced in all licensed premises. The local authority is now required to provide the health marking equipment and to arrange for the mark to be applied to fresh meat which has been passed as fit for human consumption (regulation 11(2); article 3.1). Possession of the health marking equipment by an unauthorised person is made an offence (regulation 11(4)). The local authority can control the times of slaughter, cutting up, admission to and despatch from licensed premises (regulation 12), where it has been given advance notice of these operations by the person responsible (regulation 13). After 1st January 1993 no one shall sell or offer for sale for human consumption any fresh meat unless it has been obtained from licensed premises, it has met the hygiene requirements specified in the Schedules and is accompanied by a commercial document or health certificate (regulation 14; article 3.1). The requirement for a health certificate to accompany fresh meat intended for export to another member State is replaced on 1st July 1993 by the requirement to have a commercial document which shall accompany all fresh meat produced in a licensed premises (regulation 15; article 3.1(A(f))). An official veterinary surgeon or an inspector can prohibit the slaughter or the dressing of a dirty animal in a slaughterhouse (regulation 16) and an official veterinary surgeon may permit an animal to be kept in a lairage in exceptional circumstances for more than 72 hours (regulation 17). The veterinary certificate presently required to accompany a diseased or injured animal to a slaughterhouse is replaced by a declaration by the producer (regulation 18; article 6.1(e)); similarly, specified conditions must be complied with before a dead or slaughtered animal is brought into a slaughterhouse or farmed game processing facility (regulation 19; article 6.2; article 6.1(e)) of 91/495/EEC). The local authority must keep records in respect of inspections it has carried out (regulation 20; article 11) and the occupier of licensed premises must also keep specified records (regulation 21; article 10.2). Section 2(2) of the European Communities Act 1972 has been invoked only to the extent that some of the instruments specified in Schedule 23 (revocations) were made in exercise of those powers.

Read the full note and every offence in this instrument

What Parliament said

Mentions of this instrument in Hansard. Parliamentary material is reused under the Open Parliament Licence v3.0.

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