The Official Controls (Animals, Feed and Food) (England) Regulations 2006 (revoked)

Part 5 U.K. Enforcement and penalties

Interpretation of Part 5, etc U.K.

14.—(1) In this Part—

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

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

(c) “a relevant auditor” means an auditor exercising powers under regulation 7;

(d) “a relevant inspector” means an inspector accompanied by any person pursuant to regulation 10 or 12.

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

Enforcement U.K.

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

Powers of enforcement officers U.K.

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 investigation, and may make or require copies of such records and remove such records as he reasonably requires.

(2) An enforcement officer 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 U.K.

17.—(1) A person is guilty of an offence if without reasonable excuse he 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 regulation 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 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 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 U.K.

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 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 functions of management as if he 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 U.K.

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 U.K.

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

(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 (England) (No. 2) Regulations 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 Schedule 3, in the definition of “relevant food law”, in paragraph (a)—

(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 (England) (No. 2) Regulations 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)

OJ No. L147, 31.5.2001, p. 1.

(2)

SI 2006/1228.

(3)

OJ No. L187, 8.7.2006, p. 10.