What would breach regulation 7 of The Eggs and Chicks (England) Regulations 2008?

On these words an offence is committed where a person contravene, or fail to comply with, any provision mentioned in Schedule 2. Doing the thing the provision prohibits under the Eggs and Chicks (England) Regulations 2008, whatever the reason for doing it. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Compliance with Community provisions

Q: Is regulation 7 of The Eggs and Chicks (England) Regulations 2008 a strict liability offence?

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.

regulation 7 of The Eggs and Chicks (England) Regulations 2008

Revoked
Strict liability
Food, consumer protection, trading standards, product safety and age-restricted sales

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

7 A person is guilty of an offence if they contravene, or fail to comply with, any provision mentioned in Schedule 2.

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 This is the text as originally made; later amendments are not shown here.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 7?

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.

On these words an offence is committed where a person contravene, or fail to comply with, any provision mentioned in Schedule 2.
Doing the thing the provision prohibits under the Eggs and Chicks (England) Regulations 2008, whatever the reason for doing it.
Where the requirement is a positive duty, letting the time for performing it pass without performing it.

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.

Sentencing organisations: fines and the means of a corporate defendant All courts in England and Wales
How a fine on a company is arrived at from its turnover. Relevant far beyond the guidelines that state it, because a very large share of the offences in this corpus can only be committed by an organisation.
Health and safety offences, corporate manslaughter and food safety and hygiene offences: definitive guideline Magistrates' courts and the Crown Court in England and Wales · in force from 1 February 2016
Covers breaches of duty under the Health and Safety at Work etc. Act 1974 and the regulations made under it, and food safety and food hygiene offences. Sentencing turns on culpability and on the seriousness and likelihood of harm risked, not only on the harm that happened.
Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 Eggs and Chicks (England) Regulations 2009
Revoked on: 14 September 2009
Made: 30 June 2008
In force from: 2 July 2008
Extent: E

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

What the instrument is for

These Regulations revoke and remake, with modifications, the Eggs and Chicks (England) Regulations 2007 (S.I. 2007/2245) following the adoption of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ No L 299, 16.11.2007, p 1) and two Commission Regulations adopted under that Regulation, Commission Regulation (EC) No 617/2008 (OJ No L 168, 28.6.2008, p 5) and Commission Regulation (EC) No 589/2008 (OJ No L 163, 24.6.2008, p 6). The 2007 Regulations made provision for the enforcement of certain provisions of Regulation (EEC) No 2782/75 of the Council on the production and marketing of eggs for hatching and of farmyard poultry chicks (OJ No L 282, 1.11.1975, p 100), Commission Regulation (EEC) No 1868/77 laying down detailed rules of application for Regulation (EEC) No 2782/75 (OJ No L 209, 17.8.1977, p 1), Council Regulation (EC) No 1028/2006 on marketing standards for eggs (OJ No L 186, 7.7.2006, p 1), and Commission Regulation (EC) No 557/2007 introducing detailed rules for implementing Council Regulation (EC) No 1028/2006 (OJ No L 132, 24.5.2007, p 5). Regulation (EEC) No 2782/75 and Council Regulation (EC) No 1028/2006 have been repealed by the Single CMO Regulation. Commission Regulation (EEC) No 1868/77 has been repealed by Commission Regulation (EC) No 617/2008 and Commission Regulation (EC) No 557/2007 has been repealed by Commission Regulation (EC) No 589/2008. As regards eggs for hatching and chicks and other eggs, the repealed EC Regulations have been replaced by certain provisions of the Single CMO Regulation, including those in Parts A and C of Annex XIV to the Regulation, and by Commission Regulations (EC) No 617/2008 (eggs for hatching and chicks) and 589/2008 (other eggs). These Regulations make provision for the enforcement of certain provisions of the Single CMO Regulation insofar as they relate to eggs for hatching and farmyard poultry chicks and other eggs, as from time to time amended, Commission Regulation (EC) No 617/2008, as from time to time amended, and Commission Regulation (EC) No 589/2008 as adopted on 23rd June 2008. The Regulations include provisions — a making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 617/2008 mentioned in Schedule 1 an offence (regulation 4); b relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 5); c providing an exception from Article 3(2) of Commission Regulation (EC) No 617/2008 by allowing eggs for hatching to be marked in a different manner from that specified in that provision (regulation 6); d making the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 589/2008 mentioned in Schedule 3 an offence (regulation 7); e relating to the authorisation of packing centres to grade eggs (regulation 8); f providing an exception from the provisions of points III(1) and (3) of Part A of Annex XIV to the Single CMO Regulation, as regards the marking of eggs for consumption (regulation 9); g varying the minimum requirements for the marketing of eggs as free-range eggs by authorising livestock grazing on open-air runs for hens producing such eggs (regulation 10); h providing an exception from the provisions of Commission Regulation (EC) No 589/2008, by allowing eggs to be marketed as free-range eggs although not all of the requirements laid down in that Regulation for free-range eggs are met (regulation 11); i providing an exception from the provisions of Commission Regulation (EC) No 589/2008, by allowing eggs to be marketed as barn eggs although not all of the requirements laid down in that Regulation for barn eggs are met (regulation 12); j providing a right of appeal against certain decisions of the Secretary of State and authorised officers (regulation 18); and k imposing a penalty for offences under the Regulations (regulation 19). Similar provisions were included in the 2007 Regulations by reference to the provisions in the now revoked EC Regulations and these Regulations contain updated references to the equivalent provisions of the Single CMO Regulation and the two new Commission Regulations. An impact assessment has not been prepared as this instrument has no impact on business, charities or the voluntary sector.

Read the full note and every offence in this instrument

Other offences in the same instrument

Powers of authorised officersregulation 13(8)
Record-keeping requirementsregulation 14(5)
Obstructionregulation 15(1)
Compliance with Community provisionsregulation 4

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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Eggs and Chicks (England) Regulations 2008 Every offence this instrument creates, and its explanatory note
Food, consumer protection, trading standards, product safety and age-restricted salesOther offences on the same subject
Offences created in 2008