UK Offence Report

Powers of an authorised officer

regulation 20(11) of The Eggs and Chicks (England) Regulations 2009

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

11 P is guilty of an offence if they fail to comply with

a regulation 20(10) notice given to them by O.

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 This is the text as originally made; later amendments are not shown here.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 do something the instrument requires
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(11)?

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 fail to comply with a regulation 20(10) notice given to them by O.
  2. Not doing what the provision requires under the Eggs and Chicks (England) Regulations 2009, by the time it requires it to be done.
  3. Doing it, but not in the manner or to the standard the instrument specifies.

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
4 August 2009
In force from
14 September 2009
Extent
E

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 revoke and replace the Eggs and Chicks (England) Regulations 2008 (S.I. 2008/1718). As in the 2008 Regulations, they make provision for the enforcement and execution of directly applicable EC marketing standards relating to eggs for hatching and farmyard poultry chicks and directly applicable EC marketing standards relating to eggs in shell for consumption. They also make new provision for the enforcement of directly applicable EC controls for Salmonella serotypes with public health significance in relation to the marketing and use of eggs in shell for human consumption. As regards the EC marketing standards relating to eggs for hatching and chicks, these Regulations— a make the failure to comply with the provisions 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 Commission Regulation (EC) No 617/2008 (OJ No L 168, 28.6.2008, p 5) mentioned in Schedule 1 an offence (regulation 5); b include provisions relating to the registration of pedigree breeding establishments, other breeding establishments and hatcheries (regulation 6); and c provide 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 mentioned in that provision (regulation 7). As regards the directly applicable EC marketing standards relating to eggs in shell for consumption, these Regulations— a make the failure to comply with the provisions of the Single CMO Regulation and Commission Regulation (EC) No 589/2008 (OJ No L 163, 24.6.2008, p 6) mentioned in Schedule 2 an offence (regulation 9); b include provisions relating to the authorisation of packing centres to grade eggs (regulation 10); c provide 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 11); d vary 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 12); e provide 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 13); and f provide 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 14). As regards the new Salmonella related controls, the Regulations include a provision making the failure to comply with the provisions of Regulation (EC) No 2160/2003 (OJ No L 325, 12.12.2003, p 1) of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents mentioned in Schedule 3 an offence (regulation 16). These Regulations also provide for food authorities and the Secretary of State to enforce the Regulations (regulation 17) and impose a duty on enforcement authorities to give assistance and information to each other (regulation 18). They confer powers of entry (regulation 19) and other powers (regulation 20), including seizure and destruction powers. They require certain procedures to be followed in the event of any exercise of the seizure powers (regulation 21). They provide for the issue of compliance notices (regulation 22) and provide for appeals against certain decisions of the Secretary of State and enforcement authorities (regulation 23). They enable the Secretary of State to impose additional record-keeping requirements (regulations 24). They provide for the destruction of seized products and the giving of compliance notices to be publicised (regulation 25). They make obstruction an offence (regulation 26) and provide for the punishment of criminal offences (regulation 27). They contain provisions extending the period during which a prosecution may be brought (regulation 28) and relating to offences committed by a body corporate, unincorporated body or partnership (regulation 29). They also create a scheme for the issuing and payment of penalty notices for an offence under regulation 16. They include provisions relating to the giving of a penalty notice (regulation 30), the content of such a notice (regulation 31), the amount of a penalty payable under a penalty notice (regulation 32 and Schedule 4), the period in which a penalty must be paid and the effect of paying a penalty (regulation 33), the method of paying a penalty (regulation 34), the issue of a certificate relating to the payment or non-payment of a penalty (regulation 35), the payment of penalties into the Consolidated Fund (regulation 36), and the withdrawal of a penalty notice (regulation 37). They also contain provisions relating to the giving of notices (regulation 38). They apply various provisions of the Food Safety Act 1990 (1990 c. 16) to the Regulations (regulation 39) and make a transitional provision (regulation 40). A full impact assessment of the effect that these Regulations will have on the costs of business and the voluntary sector is available at www.defra.gov.uk or from Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London, SW1P 3JR. It is also annexed to the Explanatory Memorandum for these Regulations, which is available, alongside these Regulations, on the OPSI website (www.opsi.gov.uk).

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