73 Deleterious ingredients in feeding stuff.U.K.
(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)
C1Pt. IV modified (S.) (1.1.2006) by The Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/605), regs. 1(1), 10(3)
C2Pt. IV modified (E.) (1.1.2006) by The Feeding Stuffs (England) Regulations 2005 (S.I. 2005/3281), regs. 1, 22
C3S. 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)
C4S. 73 modified (S.) (1.1.2006) by The Feeding Stuffs (Scotland) Regulations 2005 (S.S.I. 2005/605), regs. 1(1), 3(3)
C5S. 73 modified (N.I.) (1.1.2006) by The Feeding Stuffs Regulations (Northern Ireland) 2005 (S.R. 2005/545), regs. 1, 3(3)
C6S. 73 modified (E.) (1.1.2006) by The Feeding Stuffs (England) Regulations 2005 (S.I. 2005/3281), regs. 1, 3(3)
C7S. 73(1) modified (S.)(31.1.2001) by S.S.I. 2000/453, reg. 20(2)
C8S. 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.)
C9S. 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.)