UK Offence Report

Control of products brought into the United Kingdom from third countries

regulation 4(9) of The Feeding Stuffs (Enforcement) Regulations 1999

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

9 If any person, without reasonable excuse—

a fails to comply with any directions reasonably given to him under paragraph (3)(a) or (4)(f),

b removes

a product from

a controlled place in contravention of paragraph (4)(i),

c fails to comply with

a requirement made of him under paragraph (5)(a), or

d fails to comply with paragraph (8); he shall be guilty of an offence.

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 This is the text as originally made; later amendments are not shown here.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
failing to comply with a notice or direction
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

9 If any person, without reasonable excuse— a fails to comply with any directions reasonably given to him under paragraph (3)(a) or (4)(f), b removes a product from a controlled place in contravention of paragraph (4)(i), c fails to comply with a requirement made of him under paragraph (5)(a), or d fa

What would breach regulation 4(9)?

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. Being served with a notice under the Feeding Stuffs (Enforcement) Regulations 1999 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Either way — magistrates’ court or Crown Court
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
Not determined

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
17 August 1999
In force from
8 September 1999
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 come into force on 8th September 1999, implement Council Directive 95/53/EC fixing the principles governing the organization of official inspections in the field of animal nutrition (OJ No. L265, 8.11.95, p.17) insofar as it is not already implemented in the Feeding Stuffs (Sampling and Analysis) Regulations 1999 (S.I. 1999/1663), the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999 (S.R. 1999 No.296), the Feeding Stuffs (Zootechnical Products) Regulations 1999 (S.I. 1999/1871) and the Feeding Stuffs (Establishments and Intermediaries) Regulations 1999 (S.I. 1999/1872). The Regulations also implement— Commission Directive 98/68/EC laying down the standard document referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the introduction into the Community of feeding stuffs from third countries (OJ No. L261, 24.9.98, p.32); and in part, Council Directive 1999/20/EC amending Directive 70/524/EEC concerning additives in feeding stuffs, 82/471/EEC concerning certain products used in animal nutrition, 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition and 95/69/EC laying down the conditions and arrangements for approving and registering certain establishments and intermediaries operating in the animal feed sector (OJ No. L80, 25.3.1999, p.20). In implementation of Directive 95/53/EC, as read with the subordinate Directive 98/68/EC, the Regulations lay down detailed new rules applying to the enforcement of the principal EC Directives relating to feed products—namely those listed in Article 2.1(a) of Directive 95/53/EC. In particular the Regulations— provide for the “competent authority”—i.e. local authorities or (in the case of enforcement of EC rules relating to zootechnical products) the Royal Pharmaceutical Society of Great Britain—to have the duty to enforce specified provisions in the Regulations relating to feed products imported from third countries and to inter-Community trade in such products (regulation 3(1)); provide for the competent authority and the Commissioners of Customs and Excise to have the duty to enforce other specified provisions relating to feed products imported from third countries (regulation 3(2)); specify the procedures relating to the checks to be carried out by the competent authority and the Commissioners on feed products imported from third countries, (including measures to be taken where such products are found not to comply with the EC rules specified in Article 2.1(a) of Directive 95/53/EC) and provide for offences and penalties where a person fails to co-operate in the carrying out of the procedures or unlawfully removes products under the Commissioners' control (regulation 4); require the competent authority to provide those found to be infringing the rules specified in Article 2.1(a) of Directive 95/53/EC in relation to products intended to be marketed within the Community with a notice complying with Article 20 of that Directive (regulation 5); specify the measures to be taken where checks carried out by the competent authority on feed products intended to be marketed within the Community, and in transit in the United Kingdom, or in the United Kingdom as the member State of destination, show that the rules specified in Article 2.1(a) of Directive 95/53/EC have not been complied with, and provide for offences and penalties where a person fails to co-operate in the taking of those measures (regulation 6); for the purpose of facilitating enforcement in the United Kingdom of the EC rules specified in Article 2.1(a) of Directive 95/53/EC (save insofar as they relate to zootechnical products) as implemented in the legislation referred to in regulation 7(2), apply with modifications certain provisions in Part IV of the Agriculture Act 1970 as regards powers to enter premises to carry out inspections of feed products, manufacturing equipment and records, to take samples of such products and have them analysed, requirements as to confidentiality, and other related matters (regulations 7(1) and (2), 8, 10, 11 and 12); for the purpose of ensuring effective enforcement in Great Britain of the provisions referred to in regulation 7(4), as required by Directive 95/53/EC apply with modifications section 67(8) of the Agriculture Act 1970, so as to enable the Minister of Agriculture, Fisheries and Food or the Scottish Ministers to appoint new enforcement officers, if those currently appointed have insufficient regard to the requirements of the Directive (regulations 7(3) and (4) and 9); in connection with the purpose specified in (f) above, make a minor consequential adjustment to section 86 of the Agriculture Act 1970 in relation to Northern Ireland (regulation 13); impose on the competent authority the duty to provide the Minister of Agriculture, Fisheries and Food and the Scottish Ministers with information to facilitate compliance with obligations on member States in Article 22 of Directive 95/53/EC as regards the establishment pursuant to that Directive of national programmes of inspections (regulation 14); and amend the Feeding Stuffs Regulations 1995 and the Feeding Stuffs Regulations (Northern Ireland) 1995 by deleting provisions equivalent to those included in regulation 10 (regulation 15).

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”
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