The Official Feed and Food Controls (England) Regulations 2009

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Title, commencement and application

   2. 2. Interpretation

3. PART 2 MAIN PROVISIONS

   1. 3. Competent authorities

   2. 4. Exchanging and providing information

   3. 5. Obtaining information

   4. 6. Power to issue codes of recommended practice

   5. 7. Monitoring of enforcement action

   6. 8. Power to request information relating to enforcement action

   7. 9. Power of entry for persons monitoring enforcement action

   8. 10. Meaning of “enforcement authority” and related expressions

   9. 11. Offences relating to regulations 8 and 9

   10. 12. Right of appeal

   11. 13. Appeal to Crown Court against dismissal of appeal under regulation 12(1)

   12. 14. Staff of competent authority of another member State

   13. 15. Commission experts

   14. 16. Prohibition on disclosure of trade secrets

   15. 17. Execution and enforcement

   16. 18. Powers of entry

   17. 19. Obstruction etc. of officers

   18. 20. Penalties

   19. 21. Time limit for prosecutions

4. PART 3 OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES

   1. 22. Interpretation of this Part of these Regulations

   2. 23. Feed enforcement responsibilities and competent authority status

   3. 24. Food enforcement responsibilities and competent authority status

   4. 25. Functions of the Commissioners

   5. 26. Exchange of information

   6. 27. Deferred execution and enforcement

   7. 28. Prohibition on introduction of certain feed and food

   8. 29. Checks on products

   9. 30. Suspension of designation of points of entry

   10. 31. Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs

   11. 32. Notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)

   12. 33. Right of appeal in respect of notices served under regulation 32

   13. 34. Appeal to Crown Court against dismissal of appeal under regulation 33

   14. 35. Serious risk to animal or public health

   15. 36. Costs and fees

   16. 37. Procurement by authorised officers of samples with regard to food

   17. 38. Analysis etc. of samples

   18. 39. Powers of entry of authorised officers of a food authority

   19. 40. Obstruction etc. of officers (imports)

   20. 41. Offences and penalties

   21. 42. Time limit for prosecutions (imports)

5. PART 4 RECOVERY OF EXPENSES

   1. 43. Expenses arising from additional official controls

   2. 44. Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

6. PART 5 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

   1. 45. Offences due to fault of another person

   2. 46. Defence of due diligence

   3. 47. Offences by bodies corporate

   4. 48. Offences by Scottish partnerships

   5. 49. Protection of officers acting in good faith

   6. 50. Service of documents

   7. 51. Amendment to the Feed (Hygiene and Enforcement) (England) Regulations 2005

   8. 52. Revocation

7. Signature

8. 1. SCHEDULE 1

      DEFINITIONS OF EU LEGISLATION

   2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

   3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

   4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

   5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

   6. SCHEDULE 6

      SPECIFIED IMPORT PROVISIONS

   7. SCHEDULE 7

      SCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FEED (HYGIENE AND ENFORCEMENT) (ENGLAND) REGULATIONS 2005

9. Explanatory Note