UK Offence Report

Contravention of The Caseins and Caseinates (England) Regulations 2017

the instrument as a whole of The Caseins and Caseinates (England) Regulations 2017

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

Contravening this instrument is an offence under sections 10(2), 33 and 35 of the Food Safety Act 1990. The instrument itself contains no offence-creating words.

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 This is the text as originally made; later amendments are not shown here.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
breaching the provision
Fault element
Strict liability
Burden of proof
Not determined

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.

Classifier’s reasoning: contravention offences of this kind are strict as to the breach; the fault position is governed by the parent Act and was not read from it.

What would breach the instrument as a whole?

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. Doing what the provision prohibits, or failing to do what it requires under the Caseins and Caseinates (England) Regulations 2017.

Penalty

Mode of trial
Set by another provision — the instrument states the penalty by reference to an Act or to another regulation
Maximum fine
Not determined
Maximum prison (summary)
Not determined

The instrument does not state a penalty itself. It sets one by reference to sections 10(2), 33 and 35 of the Food Safety Act 1990.

the penalty is in the parent Act, not in this instrument.

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
22 August 2017
In force from
26 September 2017
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, in relation to England, Directive (EU) 2015/2203 of the European Parliament and of the Council on the approximation of the laws of the member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC (OJ L 314, 1.12.2015, p.1). That Directive is referred to in this note as the “2015 Caseins Directive”. Regulation 2 defines terms used in the Regulations, in particular “edible acid casein”, “edible caseinate”, and “edible rennet casein” and in doing so introduces Schedules 1 to 3 which set out the applicable technical standards for those products. Regulation 3 imposes requirements in respect of the marketing of products as an edible acid casein, edible caseinate and edible rennet casein, including requiring a product marketed as such a casein or caseinate to be labelled in accordance with regulation 4. In doing so it implements Article 3(a) and Article 4 of the 2015 Caseins Directive. Regulation 5 prohibits the use of a casein or caseinate which does not comply with the contaminants and impurities standards (as set out in Schedule 4) in the preparation of food and requires that such a casein or caseinate, if lawfully marketed for purposes other than the preparation of food, is marketed in a way that is not misleading as to the product’s nature, quality or intended use. In doing so, regulation 5 implements Article 3(b) of the 2015 Caseins Directive. Regulations 6 and 7, and Schedule 5 (introduced by regulation 7), make provision about the enforcement of these Regulations. Regulation 8 revokes the Regulations which implemented the predecessor of the 2015 Caseins Directive. That Directive (Council Directive 83/417/EEC of 25 July 1983 on the approximation of the laws of the member States relating to certain lactoproteins (caseins and caseinates) intended for human consumption – OJ L 237, 26.08.1983 p. 25) is repealed by Article 8 of the 2015 Caseins Directive. The 2015 Caseins Directive was implemented for Scotland by the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016 (S.S.I 2016/422), for Wales by the Caseins and Caseinates (Wales) Regulations 2016 (S.I. 2016/1130 W. 270) and for Northern Ireland by the Caseins and Caseinates Regulations (Northern Ireland) 2016 (S.R. (NI) 2016 No 415). The Explanatory Memorandum for the Regulations is published alongside the Regulations on www.legislation.gov.uk or may be obtained by writing to the Department for the Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, Westminster, London SW1P 3JR. This Explanatory Note contains the information that would otherwise be included in a Transposition Note. An Impact Assessment has not been prepared for this instrument. This is because no significant impact on business, charities or voluntary bodies is foreseen.

Read the full note and every offence in this instrument

How this became law

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Neither House could have amended it. A statutory instrument is put to each House as a whole thing, to be approved or not; the Houses can reject an instrument or record their regret, but they cannot change a word of it. That is the constitutional position for every offence on this site.

The full procedural history →

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 0.65.

Basis
the penalty comes from the enabling Act rather than from this instrument
Confidence
0.65 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