UK Offence Report

1 Any person who contravenes any provision of regulations 4, 5, 6, 8, 9 or 11 of these Regulations shall be…

regulation 13(1) of The Medicines (Medicated Animal Feeding Stuffs) Regulations 1992

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 Any person who contravenes any provision of regulations 4, 5, 6, 8, 9 or 11 of these Regulations shall be guilty of an offence and a shall be liable on summary conviction to a fine not exceeding the statutory maximum, and b shall be liable on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to 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 This is the text as originally made; later amendments are not shown here.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 13(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. On these words an offence is committed where a person contravenes any provision of regulations 4, 5, 6, 8, 9 or 11 of these Regulations.
  2. Doing the thing the provision prohibits under the Medicines (Medicated Animal Feeding Stuffs) Regulations 1992, whatever the reason for doing it.
  3. 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
£2,000
Standard scale
Level 5
Maximum prison (summary)
Not determined
Maximum prison (on indictment)
2 years

this is the level 5 value when the instrument came into force (1992-01-30); the standard scale is keyed to the date the offence was committed, and for conduct today the same words mean an unlimited fine.

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
Revoked
Revoked by
The Medicines (Medicated Animal Feeding Stuffs) (No. 2) Regulations 1992
Revoked on
1 July 1992
Made
9 January 1992
In force from
30 January 1992
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations replace the Medicines (Medicated Animal Feeding Stuffs) Regula tions 1989 as amended in 1990. These Regulations, pursuant to Council Directive 90/167/EEC (laying down the conditions governing the preparation, placing on the market and use of medicated feedingstuffs in the Community, OJ No. L 92, 7.4.90, p.42) introduce controls in respect of the holding for sale or disposal in any other form whatever to third parties, whether or not for consideration, of any medicated animal feedingstuffs which include, for the first time, final medicated feeding stuffs. The powers in section 2(2) of the European Communities Act 1972, are used to give effect to the provisions specified below— a the definition of placing on the market (article 2 of the Directive) and withdrawal period (regulation 2(1)); b the incorporation in an animal feeding stuff of a prescription only medicinal product must be done only in accordance with a veterinary written direction and then only in specified circumstances (regulation 4(4) and article 8.1 of the Directive); c the incorporation in an animal feeding stuff of any medicinal product (in accordance with a veterinary written direction) must be in accordance with specified requirements as to daily dosages and non-use of the same antibiotic or coccidiostat (regulation 4(5) and article 4.1 of the Directive); d a person who incorporates a medicinal product in an animal feeding stuff must store the feed only on premises in respect of which he is registered (regulation 5 and article 4.1(a) of the Directive); e any prescription only medicine incorporated in an animal feeding stuff which is placed on the market or imported, must have been manufactured in accordance with the provisions of these Regulations pursuant to article 4 of the Directive (regulation 6(3) and (5)); any importation of animal feeding stuff incorporating a medicinal product from another member State must be accompanied by a certificate in the prescribed form (regulation 6(6), Schedule 1 and article 10.3 of the Directive); f merchants must not place on the market any final medicated feeding stuff containing a medicinal product unless they are registered in the Register of Merchants or the Register of Manufacturers, nor sell otherwise than to specified persons (regulation 8 and article 9.1 of the Directive); g medicated animal feeding stuffs incorporating a prescription only medicine can be used only if they have been manufactured in accordance with the provisions of these Regulations pursuant to the Directive (regulation 9 and article 7 of the Directive); h packages or containers of medicated feeding stuffs must not be re-used (regulation 10 and article 5.1 of the Directive); i the stock farmer or holder of food-producing animals which are fed with medicated feeding stuffs, must observe the withdrawal period (regulation 11 and article 8.3 of the Directive); j the form of the veterinary written direction is amended (regulation 7, Schedule 2 and article 8.1(a) of the Directive). Under the Medicines Act 1968 provision is made for the Code of Practice for registered manufacturers to be updated (regulation 6(7)). The Code of Practice is a priced publication and is available from MAFF Publications, London SE99 7TP.

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 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