UK Offence Report

Offences relating to feedingstuffs containing dicalcium phosphate or tricalcium phosphate for feeding to…

paragraph 11(3) of SCHEDULE 5 of The Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 (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 It is an offence for any person producing feedingstuffs in accordance with point C(a)(ii) of Part II of Annex IV to the Community TSE Regulation to–

a fail to ensure that feedingstuffs destined for ruminants are manufactured in accordance with the first indent of that point;

b fail to ensure that they are kept in separate facilities in accordance with the second indent; or

c fail to make and keep

a record in accordance with the third indent.

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 This is the text as originally made; later amendments are not shown here.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 keep or produce records
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 paragraph 11(3) of SCHEDULE 5?

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. Keeping no record at all of something the instrument requires to be recorded under the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006.
  2. Keeping records, but discarding them before the end of the retention period the instrument sets.
  3. Being unable to produce a record on request because it is held somewhere it cannot be got at in the time allowed.

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
2 May 2006
In force from
3 May 2006
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 apply in relation to Wales, revoke and remake with amendments the TSE (Wales) Regulations 2002, which enforced Regulation (EC) No 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies (OJ No L 147, 31.5.2001, p 1) as amended by and as read with the provisions in Schedule 1 (“the Community TSE Regulation”). The compensation provisions of the TSE (Wales) Regulations 2002 are not revoked and remain in force until new compensation arrangements are brought into force to compensate for BSE in bovine animals and TSE in sheep and goats. The Regulations provide that the National Assembly is the competent authority for the purposes of the Community TSE Regulation (except in Schedule 6, where the competent authority is the Food Standards Agency) (regulation 3) and provide an exception for research (regulation 4). The provisions in Part 2 introduce the Schedules. Part 3 deals with administration and enforcement. Regulations 10 to 14 deal with approvals, authorisations, licences and registrations, occupier’s duties, suspension, amendment and revocations of approvals, etc., and an appeals procedure. Regulation 15 deals with valuations. Regulations 16 to 18 give powers to the National Assembly and the local authority to appoint inspectors, and deal with powers of entry and powers of inspectors. Regulation 19 provides for a notice procedure, and regulation 20 provides for licences permitting movement during a movement restriction. Regulations 21 to 23 deal with obstruction of an inspector, penalties, and offences by a body corporate. A person guilty of an offence under these Regulations is liable– a on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term of three months or both, or b on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or both. Regulation 24 deals with enforcement. Regulation 25 deals with amendments to the TSE (Wales) Regulations 2002 and Regulation 26 deals with revocations. Schedule 1 lists provisions that amend Regulation (EC) No 999/2001 and with which it must be read. Schedule 2 deals with monitoring for TSEs. Paragraph 1 provides for notification to the National Assembly of fallen stock that must be tested for TSE under the Community TSE Regulation. Paragraph 2 makes it an offence to consign an over-age animal to a slaughterhouse for human consumption, and to slaughter such an animal for human consumption. Paragraph 3 provides for brain stem sampling of specified bovine animals. Paragraph 4 creates a requirement for anyone slaughtering animals over 30 months old for human consumption to have a Required Method of Operation. Paragraph 5 provides for retention of products and their disposal, and paragraph 6 deals with compensation. Paragraphs 7 to 14 specify the minimum requirements that must appear in a Required Method of Operation. Schedule 3 deals with control and eradication of TSEs in bovine animals. Paragraph 1 provides for notification of a suspect animal to the National Assembly. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with the offspring and cohorts of the suspect. Paragraph 6 deals with death whilst under restriction, and paragraph 7 deals with placing on the market. Schedule 4 deals with control and eradication of TSEs in sheep and goats. Paragraph 1 provides for notification of a suspect animal to the National Assembly. Paragraphs 2 and 3 provide for the restriction and slaughter of the suspect. Paragraphs 4 and 5 deal with movement restrictions. Paragraphs 6 to 8 provide for action following confirmation. Paragraph 9 provides for time for appeals, and paragraph 10 provides for killing and destruction. Paragraphs 11 to 13 deal with infected animals from another holding, common grazing and multiple flocks on a holding. Paragraph 14 deals with subsequent occupiers of the land. Paragraphs 15 to 21 set out the procedure to be followed after the killing or destruction. Paragraph 15 restricts the introduction of animals on to a holding. Paragraph 16 regulates the use of ovine germinal products, and paragraph 17 restricts the movement of animals from a holding. Paragraph 18 specifies when the time relating to restrictions begins. Paragraph 19 provides for notification of animals that die while under restriction. Paragraph 20 deals with placing on the market of progeny, and paragraph 21 requires notification to the National Assembly before the owner may consign sheep aged over 18 months for slaughter. Paragraph 22 deals with derogations from the requirement for the killing and destruction of sheep and goats. Schedule 5 deals with feedingstuffs. Paragraphs 1 to 3 prohibit feeding specified feedingstuffs to ruminant and non-ruminant animals, and provide for exceptions. Paragraphs 4 and 5 provide for movement restrictions and slaughter of animals suspected of having been fed prohibited feedingstuffs, and paragraph 6 provides for compensation. Paragraph 7 prohibits the slaughter for human consumption of restricted animals. Paragraphs 8 and 9 regulate the production and use of fishmeal for feeding to non-ruminant animals. Paragraphs 10 and 11 regulate feedingstuffs containing dicalcium phosphate or tricalcium phosphate. Paragraphs 12 and 13 regulate feedingstuffs containing blood products and blood meal. Paragraph 14 makes provision for changes in use of equipment. Paragraphs 15 and 16 control the manufacture, storage and transport of processed animal protein and products containing it. Paragraph 17 controls exports, and paragraph 18 regulates fertilisers derived from animal protein. Paragraph 19 deals with records, and paragraph 20 deals with cross-contamination. Schedule 6 deals with specified risk material, mechanically recovered meat and slaughtering techniques. Paragraph 1 appoints the Food Standards Agency as the competent authority for this Schedule. Paragraph 2 imposes certain duties on local authorities in relation to butcher shops. Paragraph 3 makes provision for training of slaughterhouse, cutting plant and butcher shop staff. Paragraph 4 deals with mechanically recovered meat, paragraph 5 with pithing and paragraph 6 with tongue harvesting and paragraph 7 with head meat harvesting. Paragraph 8 controls the removal of specified risk material, and paragraphs 9 and 10 deal with bovine animals and sheep and goats at a slaughterhouse. Paragraph 11 deals with young lamb and goat stamps. Paragraph 12 deals with the removal of spinal cord from sheep and goats. Paragraph 13 provides for the authorisation of cutting plants, and paragraph 15 controls the removal of specified risk material at a cutting plant. Paragraph 16 provides for removal of vertebral column that is specified risk material at cutting plants not authorised under paragraph 13. Paragraph 14 provides for the authorisation and registration of butcher shops, and paragraph 17 controls the removal of specified material at such shops. Paragraph 18 deals with meat from other member States. Paragraphs 19 and 20 require the staining of specified risk material, and paragraph 21 provides for the security of specified risk material. Paragraph 22 prohibits the supply of specified risk material for human consumption. Schedule 7 deals with dispatch of live bovine animals and products derived from them to other member States and to third countries. Schedule 8 deals with revocations A regulatory appraisal has been prepared and placed in the library of the National Assembly. Copies can be obtained from the Department for Environment Planning and Countryside, Welsh Assembly Government, Cathays Park, Cardiff, CF10 3NQ.

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 0.90.

Basis
the provision says “it is an offence”; the provision says an offence is committed “if” something happens
Confidence
0.90 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