- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/01/2005)
- Gwreiddiol (Fel y'i Deddfwyd)
Point in time view as at 01/01/2005. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Agriculture Act 1970, Section 73.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to the provisions of this section, any person who—
(a)sells any material for use as a feeding stuff; or
(b)has on his premises for the purpose of selling it in the course of trade for such use any material which is ready for sale,
shall be guilty of an offence if a sampled portion of the material is shown by an analysis of the sample taken from it to contain any ingredient which is deleterious to animals of any description prescribed for the purpose of the definition of “feeding stuff" in section 66(1) of this Act [F1or deleterious to pet animals or, through the consumption of products of an animal fed with the material, deleterious to human beings.].
[F2(2) If in proceedings for an offence under subsection (1) of this section the person charged proves that he sold the material in question or, in a case under paragraph ( b ) of that subsection that he intended to sell it, as suitable only for animals of a specified kind, then—
(a)in the case of proceedings for an offence of selling, or having for sale, material which is deleterious to animals he shall not be convicted by reason of the fact that a sampled portion of the material contains an ingredient which is deleterious only to animals of a kind different from that specified;
(b)in the case of proceedings for an offence of selling, or having for sale, material which is deleterious to human beings, he shall not be convicted by reason of the fact that a sampled portion of the material contains an ingredient which is deleterious to human beings only if fed to animals of a kind different from that specified; and
(2A) If in proceedings for an offence under subsection (1) of this section the person charged proves that he sold the material in question or, in a case under paragraph ( b ) of that subsection that he intended to sell it, for use in accordance with written instructions given by him to the purchaser he shall not be convicted by reason of the fact that the sampled portion of the material contains an ingredient which is deleterious only if used otherwise than in accordance with those instructions. ]
(3)For the purposes of this section it shall be presumed, until the contrary is proved—
(a)that any substance prescribed for the purposes of this subsection, or
(b)in such cases as may be so prescribed, that any substance so prescribed if present in a sampled portion of any material to an amount exceeding such quantity as may be so prescribed.
is an ingredient which is deleterious to animals of any such description as aforesaid in relation to which that substance is so prescribed,
(4)A person guilty of an offence under subsection (1) of this section shall be liable on summary conviction to a fine not exceeding [F3level 5 on the standard scale] or, on a second or subsequent conviction under that subsection, to a fine not exceeding [F3level 5 on the standard scale] or imprisonment for a term not exceeding three months or both.
[F4(5) Nothing in this section applies to any person to whom Article 15.1 of Regulation ( EC ) No. 178/2002 applies. ]
Subordinate Legislation Made
P1S. 73: for previous exercises of this power see Index to Government Orders
P2S. 73(3): s. 74A (with ss. 66(1), 68(1)(1A)(3), 69(1)(3)(6)(7), 70(1), 73(3), 74(1) and 84) power exercised by S.I.1991/1475
Textual Amendments
F1Words added by S.I. 1982/980, reg. 6(1)
F2S. 73(2)(2A) substituted for subsection (2) by S.I. 1982/980, reg. 6(2)
F3Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c.48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6
F4S. 73(5) added (E.W.S.) (1.1.2005) by Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (S.I. 2004/3254), regs. 1, 11; and s. 73(5) added (N.I.) (1.1.2005) by The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations (Northern Ireland) 2004 (S.R. 2004/506), regs. 1(1), 11
Modifications etc. (not altering text)
C1S. 73 modified (E.) (29.10.2000) by S.I. 2000/2481, reg. 20(3)
s. 73 modified (W.) (1.3.2001) by S.I. 2001/343, reg. 18(3)
C2S. 73(1) modified (S.)(31.1.2001) by S.S.I. 2000/453, reg. 20(2)
C3S. 73(4): in relation to liability on first and subsequent convictions, Criminal Justice Act 1982 (c.48, SIF 39:1), s. 35 applies (E.W.) and S.I. 1984/703 (N.I. 3) art. 9 applies (N.I.)
C4S. 73(4): Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), s. 289E (in relation to liability on first and subsequent convictions), applies (S.)
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys