UK Offence Report

Application of various sections of the Act

regulation 20(3) of The Dairy Products (Hygiene) (Scotland) Regulations 1995

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

3 Section 8(3) (which makes presumptions in the case of batches of food) of the Act shall apply to food which it is an offence to sell under these Regulations as it applies to food which fails 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 This is the text as originally made; later amendments are not shown here.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
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 20(3)?

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 as it applies to food which fails to comply with food safety requirements.
  2. Selling the goods under the Dairy Products (Hygiene) (Scotland) Regulations 1995 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
24 May 1995
In force from
15 June 1995
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 apply to Scotland, give effect to the provisions of Council Directive 92/46/EEC as defined in regulation 2(1), laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products. They also revoke and replace the Regulations specified in Schedule 12 and re-enact provisions that are compatible with Council Directive 92/46/EEC. The Regulations also amend the Drinking Milk (Scotland) Regulations 1976 to make it an offence to use a name to describe a food in breach of Article 3(2) of Council Regulation (EEC) No.1411/71 (OJ No. L148, 3.7.71, p.213) (OJ/SE 1971 Vol II, p.412) as amended by Council Regulation (EEC) No. 566/76 (OJ No. L67, 15.3.76, p.23) as read with the corrigendum at OJ No. L 107, 24.4.76, p.22. The principal changes the Regulations make are— a the provision of detailed requirements for the approval of dairy establishments; b the extension of the health rules applicable for the production of cows' milk, to the milk of sheep, goats and buffaloes; c the provision of microbiological standards for the manufacture of dairy products; and d subject to specified exemptions, a requirement for the health marking of all dairy products. The Regulations do not apply to a production holding or dairy establishment where dairy products are produced exclusively for the consumption of the occupier and others in his household or in the case of a dairy establishment where products are not sold in the course of a business; neither do they apply to a catering establishment or retail premises selling dairy products, or to persons engaged in the production, handling or sale of such products in a catering establishment or retail premises, (with the exception of specified requirements relating to cream, ice-cream, and raw cows' milk). Farm premises where raw dairy products are sold exclusively direct to the ultimate consumer are also exempt from the approval, labelling and other specified requirements (regulation 3). The Regulations— a prohibit the use of any premises as a production holding for the production of raw milk unless they are licensed and makes provision for the licensing, on application, by the food authority (regulation 4); b provide for the allotment of a number for each licensed production holding and the keeping of a list of such holdings, by the food authority (regulation 5); c prohibit the use of any premises as a dairy establishment unless they are approved and make provision for the approval, on application, by the food authority; they also make special provision for the approval of low capacity dairy establishments which may not comply with all the requirements applicable to other dairy establishments (regulation 6); d provide for the allotment of an approval number for each approved dairy establishment and make provision for the keeping of a list of such establishments, by the food authority (regulation 7); e provide for the revocation of licences and approvals and for a right of appeal (regulation 8); f specify the conditions to be complied with in relation to the sale for human consumption of raw, thermised or heat-treated drinking milk, or heat-treated milk intended for the manufacture of milk-based products or milk-based products and prohibit the sale of any such dairy products unless those conditions are complied with (regulation 9); g specify the methods of analysis and testing of dairy products (regulation 10); h specify the conditions to be complied with in relation to the handling, storing, transporting, wrapping, packaging, health marking and labelling of dairy products; require the retention and production of specified documents; prohibit the use of a mark resembling a health mark and specify a temporary exemption (regulation 11); i prohibit the sale of raw or thermised cows' milk as drinking milk and the sale of raw cream and regulate the sale of raw milk from ewes, goats and buffaloes as drinking milk (regulation 12); j specify the duties of a occupier of a dairy establishment or any person who buys raw milk for re-sale (regulation 13); k provide for a dairy farm already licensed under the Milk and Dairies (Scotland) Regulations 1990 to be deemed to be a licensed production holding under these Regulations (regulation 14); l provide for a temporary derogation for specified dairy establishments and also enable the food authority to prohibit dairy products prepared in such establishments from bearing a health mark (regulation 15); m make provision for the enforcement and execution of the Regulations and the supervision by the food authority of licensed production holdings and those dairy establishments which it has approved (regulation 16); n require the food authorities to provide specified information to the Secretary of State (regulation 17); o create offences and prescribe penalties (regulation 18); p authorise the food authority to grant derogations in relation to specified requirements (regulation 19); q specify various sections of the Act incorporated into the Regulations (regulation 20); r make provision for the sale of dairy products from England and Wales, Northern Ireland, the Isle of Man and the Channel Islands (regulation 21); s specify import requirements (regulation 22); and t specify revocations (regulation 23) and consequential amendments (regulation 24). The Contracting Parties to the EEA Agreement are the fifteen Member States of the European Union, Norway, Iceland and Liechtenstein. (See also the definition of “EEA State” in regulation 2(1)). Information as to International Dairy Federation Standards referred to in these Regulations can be obtained by post from the International Dairy Federation, 41 Square Vergote, B-1040 Brussels, Belgium. Information as to International Organisation for Standardisation Standards referred to in these Regulations can be obtained by post from the International Organisation for Standardisation, 1 Rue de Varembe, Case Postale 56, CH-1211 Geneva 20, Switzerland. The AOAC methods referred to in Schedule 11 are used by the International Dairy Federation and the International Organisation for Standardisation and are published by the Association of Official Analytical Chemists. Copies can be obtained by post from the Assistant Business Manager, Publications, Association of Official Analytical Chemists, 1111 N 19th Street (Suite 210), Arlington, VA 22209, USA. A Compliance Cost Assessment in relation to these Regulations has been placed in the libraries of both Houses of Parliament. Copies may be obtained from the Scottish Office Agriculture and Fisheries Department, Pentland House, 47 Robb’s Loan, Edinburgh EH14 1TY.

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