The Official Controls (Animals, Feed and Food) (Wales) Regulations 2007

PART 5 Enforcement and penalties

Interpretation and application of Part 5, etc.

14.—(1) In this Part—

(a) “an enforcement officer” (“swyddog gorfodi”) means an officer authorised to enforce these Regulations by the competent authority responsible for enforcement pursuant to regulation 15;

(b) “premises” (“mangre”) excludes any premises or part of premises used exclusively as a dwelling;

(c) “a relevant auditor” (“archwilydd perthnasol”) means an auditor exercising his or her powers under regulation 7;

(d) “a relevant inspector” (“arolygydd perthnasol”) includes accompanied by any person an inspector pursuant to regulations 10 or 12.

(2) Regulations 15 to 19 do not apply where regulation 9 applies.

Enforcement

15.  Enforcement of these Regulations is the responsibility of the competent authority which in any given circumstances authorises the exercise of powers under these Regulations.

Powers of enforcement officers

16.—(1) An enforcement officer may—

(a) at any reasonable hour enter premises;

(b) make any enquiries, observe any activity or process, and take photographs; and

(c) inspect any article or records of any class which appear to the enforcement officer to be relevant for the purposes of his or her investigation, and may make or require copies of such records and remove such records as he or she reasonably requires.

(2) An enforcement officer must—

(a) produce evidence of his or her authorisation when requested to do so;

(b) as soon as he or she reasonably can, provide to the person appearing to him or her to be responsible for records he or she removes under paragraph (1)(c) a written receipt identifying those records; and

(c) as soon as he or she reasonably can after deciding that they are no longer required, return such records, apart from those used as evidence in court proceedings.

Offences and penalties

17.—(1) A person is guilty of an offence if without reasonable excuse he or she obstructs or causes or permits to be obstructed—

(a) a relevant auditor;

(b) a relevant inspector;

(c) any person who accompanies a relevant auditor or relevant inspector under regulations 7(3), 10, or 12; or

(d) an enforcement officer.

(2) For the purposes of paragraph (1), to obstruct includes—

(a) failure—

(i) to produce records;

(ii) to provide copies; or

(iii) to provide reasonable facilities for copying records,

as required under these Regulations; and—

(b) failure by any person to provide information in his or her possession when requested to do so by a relevant auditor, a relevant inspector or an enforcement officer.

(3) A person is guilty of an offence if without reasonable excuse he or she supplies to a relevant auditor, a relevant inspector or an enforcement officer information which, in any material particular, is false or misleading.

(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.

Offences by bodies corporate

18.—(1) If an offence under regulation 17 committed by a body corporate is shown to have been committed with the consent or connivance of an officer, or to be attributable to any neglect on his or her part, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body.

(3) “Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Time limits for prosecution

19.  A prosecution for an offence under this Part may begin no later than after the expiry of—

(a) three years from the commission of the offence; or

(b) one year from its discovery by the prosecutor,

whichever is the earlier.

Amendment to the 2006 Regulations

20.—(1) The 2006 Regulations are amended as follows.

(2) In regulation 2(1), in the paragraph which begins ““Regulation 178/2002” (“Rheoliad 178/2002”)” insert after the words ““Directive 2004/41” (“Cyfarwyddeb 2004/41”),” the words ““Regulation 999/2001” (“Rheoliad 999/2001”)”.

(3) In Schedule 1, after the definition of ““Directive 2004/41” (“Cyfarwyddeb 2004/41”)”, insert—

““Regulation 999/2001” (“Rheoliad 999/2001”) means 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 as amended(1) and has the same meaning as the definition of “Community TSE Regulation” (“Rheoliad TSE y Gymuned”) in the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006(2);”.

(4) In paragraph (a) of Schedule 3—

(a) after sub-paragraph (vi) delete “and”;

(b) at the end of paragraph (vii)(bb) delete “;” and add—

“, and

(viii) the matters regulated under Schedule 2 to the Transmissible Spongiform Encephalopathies (Wales) Regulations 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption, together with point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 in so far as that point applies in relation to animals slaughtered for human consumption”.

(1)

OJ No. L147, 31.5.2001, p. 1 as amended by Commission Regulation (EC) 1041/2006 amending Annex III to Regulation (EC) No 999/2001 of the European Parliament and of the Council as regards monitoring of transmissible spongiform encephalopathies in ovine animals (OJ No. L187, 8.7.2006, p. 10.)

(2)

SI 2006/1226 (W.117).