UK Offence Report

Maximum residue levels

regulation 5(2) of The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994

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 Any person who without reasonable excuse, contravenes, or causes or permits any other person to contravene any provision of this Regulation shall be guilty of an offence, and shall be liable– a on summary conviction, to a fine not exceeding the statutory maximum; and b on conviction on indictment, to a fine.

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 This is the text as originally made; later amendments are not shown here.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
An element of the offence, for the prosecution to prove

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.

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

2 Any person who without reasonable excuse, contravenes, or causes or permits any other person to contravene any provision of this Regulation shall be guilty of an offence, and shall be liable– a on summary conviction, to a fine not exceeding the statutory maximum; and b on conviction on indictment, t

What would breach regulation 5(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 an offence is committed where a person without reasonable excuse, contravenes, or causes or permits any other person to contravene any provision of this Regulation.
  2. Doing the thing the provision prohibits under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations 1994, 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
Unlimited
Maximum prison (summary)
Not determined

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
25 July 1994
In force from
Not determined
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, which do not extend to Northern Ireland, are made under section 2(2) of the European Communities Act 1972 and Part III of the Food and Environment Protection Act 1985 and supersede the Pesticides (Maximum Residue Levels in Food) Regulations 1988. They specify new maximum levels of pesticide residues which may be left in crops, food and feeding stuffs in accordance with Council Directives made subsequently to the making of the superseded Regulations. They also prescribe how much of a particular product is to be taken into account in determining whether a maximum level has been exceeded. To the extent that the Regulations are made under the European Communities Act 1972 they implement in Great Britain, Council Directive 90/642/EEC (O.J. No. L350, 14.12.90, p.71) as amended by Council Directive 93/57/EEC (O.J. No. L211, 23.8.93, p.1) and Council Directive 93/58/EEC (O.J. No. L211, 23.8.93, p.6). Council Directive 90/642/EEC as so amended prescribes how much of a particular product is to be taken into account to identify a breach of the Regulations and prescribes maximum levels of pesticide residues in and on certain products of plant origin including fruit and vegetables. Council Directive 93/57/EEC amends and extends Council Directives 86/362/EEC and 86/363/EEC on the fixing of maximum levels for pesticide residues in and on cereals, and in and on foodstuffs of animal origin (namely meat and milk and products derived therefrom) (O.J. No. L221, 7.8.86, pages 37 and 43 respectively). To the extent that these Regulations are made under the Food and Environment Protection Act 1985, they apply in relation to crops, food and feeding stuffs not the subject of the said Council Directives but make the same provisions as are required by the Directives. Regulation 3 and Schedule 1 identify certain pesticide residues which will be left in a crop, food or feeding stuff following the application to it or to land on which it is grown of certain named pesticides. Regulation 4 relates to crops, food and feeding stuffs which are not the subject of Council Directives. It is made under section 16(2)(k) of the Food and Environment Protection Act 1985 and accordingly it does no more than specify the maximum amount of pesticide residues which may be left in the relevant product. Offences and penalties for contravention of regulation 4 are prescribed respectively by sections 16(12) and 21(3) of that Act. Regulation 5 relates to crops, food and feeding stuffs which are the subject of Council Directives. Accordingly, it does more than specify maximum residue levels. It prohibits the putting into circulation of any relevant product where the limits are exceeded, creates offences, specifies penalties and confers enforcement powers corresponding to those contained in the Food and Environment Protection Act 1985. Paragraph (3) of regulation 5, which has no counterpart in regulation 4, provides defences where products are being exported to third countries, or are being used in manufacture or as seed for planting. In relation to regulations 4 and 5, in any case where no entry appears against a product in Schedule 2, no maximum residue level applies for that pesticide/product combination. Regulation 6 enables either the Minister of Agriculture, Fisheries and Food or the Secretary of State to seize or dispose of any crop, food or feeding stuff containing a residue level in excess of any maximum residue level, or to require some other person to dispose of that crop, food or feeding stuff. He may also direct some other person to take such remedial action as appears to him to be necessary. Regulation 7(a) and Schedule 3 prescribe how much of the product in question has to be taken into account in determining whether a maximum residue level has been exceeded. This is in accordance with Council Directive 90/642/EEC as amended by Council Directive 93/58/EEC in relation to certain products of plant origin including fruit and vegetables. In accordance with regulation 7(b) the level of residue in any product is to be determined inter alia by reference to Part 5 of the Codex Alimentarius Guide to Codex Recommendations Concerning Pesticide Residues. Regulation 7(c) increases the maximum residue levels to take account of concentration when a product is dried. The Regulations revoke the Pesticides (Maximum Residue Levels in Food) Regulations 1988 (S.I. 1988/1378). Copies of the Codex Guide and Recommendations are available for inspection at the Library of the Ministry of Agriculture, Fisheries and Food, Whitehall Place, London SW1A 2EY, and at the Library of the Scottish Office, New St. Andrew’s House, St. James' Square, Edinburgh EH1 3TE. The Compliance Cost Assessment relating to these Regulations is available in the Library of each House of Parliament.

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