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

PART V ENFORCEMENT AND PENALTIES

Interpretation and application of Part V

9.  In this Part—

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

(b) “a relevant auditor” means an auditor exercising his powers under regulation 5;

Enforcement

10.  Enforcement of these Regulations shall be the responsibility of the competent authority which authorises the exercise of powers under these Regulations.

Powers of inspectors

11.—(1) An inspector 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 inspector to be relevant for the purposes of his investigation, and may make or require copies of such records or remove such records as he reasonably requires.

(2) An inspector shall—

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

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

(c) as soon as he 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

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

(a) a relevant auditor;

(b) an inspector;

(c) any person who accompanies a relevant auditor under regulation 5(3) or an inspector under regulation 6 or 7.

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

(a) failure to—

(i) produce records;

(ii) provide copies; or

(iii) provide reasonable facilities for copying records,

as required under these Regulations; and—

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

(3) A person is guilty of an offence if without reasonable excuse he supplies to a relevant auditor or an inspector 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.

Time limits for prosecution

13.  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

14.—(1) The 2006 Regulations are amended in accordance with this regulation.

(2) In regulation 2(1), in the paragraph defining Community legislation, after “Directive 2004/41”, add “Regulation 999/2001”.

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

““Regulation 999/2001” means Regulation (EC) 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(1) as defined (as “the Community TSE Regulation”)in The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006(2)and 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(3);”.

(4) In paragraph (a) of Schedule 3—

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

(b) at the end of paragraph (vii) add—

“; and

(viii) the matters regulated under Schedule 2 to The Transmissible Spongiform Encephalopathies Regulations (Northern Ireland) 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption together with the matters covered under 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)

O.J. No. L147, 31.5.2001, p.1

(2)

S.R. 2006 No.202

(3)

O.J. No. L187, 8.7.2006, p.10