UK Offence Report

Amendment of the Animal Feed (England) Regulations 2010

regulation 3(3) of The Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013 (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

3 For paragraph (1) of regulation 4 (enforcement of requirements of Regulation 767/2009), substitute the following paragraph — 4

1 Subject to the transitional provisions contained in Article 32, any person who —

a contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or

b places on the market or uses any feed that fails to comply with Article 6(1) or 8, is 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 This is the text as originally made; later amendments are not shown here.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
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 3(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 an offence is committed where a person a contravenes or fails to comply with the provisions of Regulation 767/2009 specified in Schedule 1; or b places on the market or uses any feed that fails to comply with Article 6(1) or 8.
  2. Selling the goods under the Feed (Hygiene and Enforcement) and the Animal Feed (England) (Amendment) Regulations 2013 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 here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

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 December 2013
In force from
17 January 2014
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 provide for the execution and enforcement of Commission Regulation (EU) No. 225/2012 amending Annex II to Regulation (EC) No. 183/2005 of the European Parliament and of the Council as regards the approval of establishments placing on the market, for feed use, products derived from vegetable oils and blended fats and as regards the specific requirements for production, storage, transport and dioxin testing of oils, fats and products derived thereof (OJ No. L L77, 16.3.2012, p.1) (“Regulation 225/2012”). These Regulations amend the Feed (Hygiene and Enforcement) (England) Regulations 2005 (S.I. 2005/3280) by — re-stating the definition of Regulation (EC) No 183/2005 so that, by virtue of section 20A of the Interpretation Act 1978, it includes the amendments made by Regulation 225/2012 (regulation 2(2)); providing that any reference in S.I. 2005/3280 to an Annex to Regulation (EC) No 183/2005 is to be construed as a reference to that Annex as it may be amended from time to time (regulation 2(3)); designating the competent authorities for the purposes of enforcing certain provisions of Regulation 225/2012 (regulation 2(4)); and providing for the fee to be paid for approval of specified establishments (regulation 2(5)and Schedule 1). These Regulations also amend the Animal Feed (England) Regulations 2010 (S.I. 2010/2503) by — removing references to an EU instrument which has been repealed (regulation 3(2)); and clarifying the drafting of enforcement provisions relating to Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed (OJ No. L229, 1.9.2009, p.1) (regulation 3(3) and (4) and Schedule 2). A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Animal Feed Branch of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Read the full note and every offence in this 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