UK Offence Report

68 It shall be an offence for a person— a without reasonable excuse, to contravene any provision of…

regulation 68 of The Feedingstuffs (Zootechnical Products) Regulations 1998 (revoked)

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

68 It shall be an offence for a person— a without reasonable excuse, to contravene any provision of regulation 26, 28, 29, 30, 32, 34(1) or (2), 35(1), 36(1), (2) or (5), 37(1) or (2), 41, 43, 44, 45, 47, 49(1), 50(1), 51(1), 52, 54, 56, 57(1), 58, 59(1), 60 to 63 inclusive, 64(1) or 65; b without reasonable excuse, to fail to comply with any provision of regulation 27, 31, 33, 38, 39(1), 40, 42, 46, 48, 53 or 55; c intentionally to obstruct an authorised person in the exercise of a power conferred by regulation 67; or d without reasonable excuse, to fail to comply with any requirement made of him, pursuant to regulation 67, by an authorised person.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (intentionally).

“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: mens rea word in the offence-creating words: intentionally; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

68 It shall be an offence for a person— a without reasonable excuse, to contravene any provision of regulation 26, 28, 29, 30, 32, 34(1) or (2), 35(1), 36(1), (2) or (5), 37(1) or (2), 41, 43, 44, 45, 47, 49(1), 50(1), 51(1), 52, 54, 56, 57(1), 58, 59(1), 60 to 63 inclusive, 64(1) or 65; b without reasonable excuse, to fail t

What would breach regulation 68?

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. Refusing to let an inspector onto premises they are entitled to enter under the Feedingstuffs (Zootechnical Products) Regulations 1998.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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
9 April 1998
In force from
6 May 1998
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 implement, insofar as they relate to zootechnical additives and products with zootechnical additives in them, the provisions of Council Directive 70/524/EEC, as last amended by Council Directive 96/51/EC, on additives in feedingstuffs, and of Council Directive 95/69/EC which lay down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector. A zootechnical additive is an additive which is classified as an antibiotic, a coccidiostat or other medicinal substance, or a growth promoter and which is used for eventual incorporation in a feedingstuff. The Regulations set out the requirements for applications for Community authorisation of zootechnical additives (regulations 6 to 9) and the approval of establishments (regulations 10 to 17) and intermediaries (regulations 18 to 25). The Regulations control the manufacture and marketing of zootechnical additives, zootechnical premixtures (i.e. mixtures of additives in compound feedingstuffs) and zootechnical feedingstuffs (regulations 26 to 62). These Regulations set fees for the examination of dossiers (regulation 9) and for the approval of establishments (regulation 15) and intermediaries (regulation 23). Supplementary provisions (regulations 63 to 75) include provisions for offences (regulation 69) and penalties (regulation 70). The application of the Medicines Act 1968 to zootechnical products is excluded except in relation to animal test certificates for unauthorised zootechnical additives (regulation 74). A Regulatory Appraisal has been prepared and a copy has been placed in the library of each House of Parliament.

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