Ref. Ares(2021)1982544 - 19/03/2021
Legislation
Rules on penalties
The Official Feed and Food Controls (England) Regulations 2009
Regulation 20 of the Official Feed and Food Controls (England)
Regulations 2009 – Penalties
http://www.legislation.gov.uk/uksi/2009/3255/pdfs/uksi_20093255_en.pdf
(1) A person guilty of an offence under paragraph (8) of
The Official Feed and Food Controls (Miscellaneous Amendments)
(England) Regulations 2019
regulation 18 shall be liable —
(a)on summary conviction to a fine not exceeding the statutory
http://www.legislation.gov.uk/uksi/2019/1476/pdfs/uksi_20191476_en.pdf
maximum; or
(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
(2) A person guilty of an offence under paragraph (3) of
regulation 5, paragraph (8) of regulation 9, regulation 11 or
regulation 16 shall be liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
(3) A person guilty of an offence under regulation 19 shall be
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.
Regulation 21 – Time limit for prosecutions
No prosecution for an offence under paragraph (8) of regulation
18 shall be begun 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.
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Regulation 41 of the Official Feed and Food Controls (England)
Regulations 2009 as amended by the Official Feed and Food
Controls (Miscellaneous Amendments) (England) Regulations
2019 – Offences and Penalties
(1) Any person who —
(a)contravenes or fails to comply with any of the specified
import provisions;
“(b)contravenes or fails to comply with—
(i)paragraph (3) of regulation 26; or
(ii)paragraph (5) of regulation 27 or paragraph (4) or (5) of
regulation 35;”;
(c)contravenes any of the prohibitions in paragraph (1) of
regulation 28;
(d)to the extent that contravention or failure to comply with
regulation 29 does not constitute an offence under regulation 40,
contravenes or fails to comply with regulation 29; or
(e)fails to comply with a notice served upon him under the
Import Provisions,
shall be guilty of an offence.
(2) Subject to paragraphs (3) and (4), a person guilty of an offence
under this Part of these Regulations shall be liable —
(a)on summary conviction to a fine not exceeding the statutory
maximum; or
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(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
(3) A person guilty of an offence under regulation 40 shall be
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.
“(4) A person guilty of an offence under paragraph (1)(a) or
paragraph (1)(b)(i) is liable on either summary conviction or
conviction on indictment to a fine.”.
Regulation 42 – Time limit for prosecutions (imports)
No prosecution for an offence under this Part of these Regulations
which is punishable under regulation 41(2) shall be begun 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.
The Official Feed and Food Controls Regulations (Northern Ireland) 2009
Regulation 19 – Penalties
https://www.legislation.gov.uk/nisr/2009/427/pdfs/nisr_20090427_en.pdf
(1) A person guilty of an offence under paragraph (9) of
regulation 17 shall be liable —
(a)on summary conviction to a fine not exceeding the statutory
maximum; or
(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
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(2) A person guilty of an offence under paragraph (3) of
regulation 5, paragraph (8) of regulation 9, regulation 11 or
regulation 15 shall be liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
(3) A person guilty of an offence under regulation 18 shall be
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.
Regulation 20 – Time limit for prosecutions
A prosecution for an offence under paragraph (9) of regulation 17
shall not be begun after the expiry of —
(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecution,
whichever is the earlier.
(1) Any person who —
(a)contravenes or fails to comply with any of the specified
import provisions;
(b)contravenes paragraph (3) of regulation 25, paragraph (5) of
regulation 26 or paragraph (4) or (5) of regulation 33;
(c)contravenes any of the prohibitions in paragraph (1) of
regulation 27;
(d)to the extent that contravention of regulation 28 does not
constitute an offence under regulation 38, contravenes regulation
28; or
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(e)fails to comply with a notice served upon that person under
the Import Provisions,
shall be guilty of an offence.
(2) Subject to paragraph (3), a person guilty of an offence under
this Part shall be liable —
(a)on summary conviction to a fine not exceeding the statutory
maximum; or
(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
(3) A person guilty of an offence under regulation 38 shall be
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.
Regulation 40 – Time limit for prosecutions (imports)
A prosecution for an offence under this Part which is punishable
under regulation 39(2) shall not be begun after the expiry of —
(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecution,
whichever is the earlier.
The Official Feed and Food Controls (Scotland) Regulations 2009
Regulation 20 – Penalties
http://www.legislation.gov.uk/ssi/2009/446/pdfs/ssi_20090446_en.pdf
(1) A person guilty of an offence under regulation 18(8) is
liable—
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(a) on summary conviction to a fine not exceeding the statutory
maximum; or
(b) on conviction on indictment to imprisonment for a term not
exceeding 2 years, to a fine or to both.
(2) A person guilty of an offence under regulation 5(3), 9(8), 11
or 16 is liable on summary conviction to a fine not exceeding
level 5 on the standard scale.
(3) A person guilty of an offence under regulation 19 is liable on
summary conviction to a fine not exceeding level 5 on the
standard scale or to imprisonment for a term not exceeding 3
months or to both.
Regulation 21 – Time limit for prosecutions
(1) No prosecution for an offence under this Part of these
Regulations which is punishable under regulation 20(1) shall be
begun after the expiry of—
(a)3 years from the commission of the offence; or
(b)1 year from the date on which evidence sufficient in the
opinion of the prosecutor to warrant the proceedings came to the
knowledge of the prosecutor,
whichever is the earlier.
(2) For the purposes of this regulation, a certificate signed by
or on behalf of the prosecutor and stating the date on which
evidence sufficient in the prosecutor's opinion to warrant the
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proceedings came to the knowledge of the prosecutor, shall be
conclusive evidence of that fact.
(3) A certificate stating that matter and purporting to be so
signed shall be deemed to be so signed unless the contrary is
proved.
Regulation 41 – Offences and penalties
(1) Any person who—
(a) contravenes or fails to comply with any of the specified
import provisions;
(b) contravenes or fails to comply with regulation 26(3), 27(5) or
35(4) or (5);
(c) contravenes any of the prohibitions in regulation 28(1);
(d) to the extent that contravention or failure to comply with
regulation 29 does not constitute an offence under regulation 40,
contravenes or fails to comply with regulation 29; or
(e) fails to comply with a notice served upon that person under
the Import Provisions,
is guilty of an offence.
(2) Subject to paragraph (3), a person guilty of an offence under
this Part of these Regulations shall be liable—
(a) on summary conviction to a fine not exceeding the statutory
maximum; or
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(b) on conviction on indictment to imprisonment for a term not
exceeding 2 years, to a fine or to both.
(3) A person guilty of an offence under regulation 40 shall be
liable on summary conviction to a fine not exceeding level 5 on
the standard scale or to imprisonment for a term not exceeding 3
months or to both.
Regulation 42 – Time limit for prosecutions (imports)
(1) No prosecution for an offence under this Part of these
Regulations which is punishable under regulation 41(2) shall be
begun after the expiry of—
(a)3 years from the commission of the offence; or
(b)1 year from the date on which evidence sufficient in the
opinion of the prosecutor to warrant the proceedings came to the
knowledge of the prosecutor,
whichever is the earlier.
(2) For the purposes of this regulation, a certificate signed by
or on behalf of the prosecutor and stating the date on which
evidence sufficient in the prosecutor's opinion to warrant the
proceedings came to the knowledge of the prosecutor, shall be
conclusive evidence of that fact.
(3) A certificate stating that matter and purporting to be so
signed shall be deemed to be so signed unless the contrary is
proved.
The Official Feed and Food Controls (Wales) Regulations 2009
Regulation 20 – Penalties
8
http://www.legislation.gov.uk/wsi/2009/3376/pdfs/wsi_20093376_mi.pdf
(1) A person guilty of an offence under paragraph (8) of
regulation 18 is liable—
(a)on summary conviction to a fine not exceeding the statutory
maximum; or
(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
(2) A person guilty of an offence under paragraph (3) of
regulation 5, paragraph (8) of regulation 9, regulation 11 or
regulation 16 is liable on summary conviction to a fine not
exceeding level 5 on the standard scale.
(3) A person guilty of an offence under regulation 19 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.
Regulation 21 – Time limit for prosecutions
No prosecution for an offence under paragraph (8) of regulation
18 may be begun 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.
Regulation 41 – Offences and Penalties
(1) Any person who—
(a)contravenes or fails to comply with any of the specified
provisions;
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(b)contravenes or fails to comply with paragraph (3) of
regulation 26, paragraph (5) of regulation 27 or paragraph (4) or
(5) of regulation 35;
(c)contravenes any of the prohibitions in paragraph (1) of
regulation 28;
(d)to the extent that contravention or failure to comply with
regulation 29 does not constitute an offence under regulation 40,
contravenes or fails to comply with regulation 29; or
(e)fails to comply with a notice served upon him under the
Import Provisions,
is guilty of an offence.
(2) Subject to paragraph (3), a person guilty of an offence under
this Part of these Regulations will be liable—
(a)on summary conviction to a fine not exceeding the statutory
maximum; or
(b)on conviction on indictment to imprisonment for a term not
exceeding two years, to a fine or to both.
(3) A person guilty of an offence under regulation 40 will be
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.
Regulation 42 – Time limit for prosecutions (imports)
No prosecution for an offence under this Part of these
Regulations which is punishable under regulation 41(2) may be
begun after the expiry of—
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(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecutor,
whichever is the earlier.
The Pigs (Records, Identification and Movement) Order 2011
Breach of the Order is an offence under section 73 of the Animal
Health Act 1981, punishable in accordance with section 75 of that
http://www.legislation.gov.uk/uksi/2011/2154/pdfs/uksi_20112154_en.pdf
Act
Animal Health Act 1981
(2)A person guilty of an offence to which this section applies is
liable on summary conviction to imprisonment for a term not
http://www.legislation.gov.uk/ukpga/1981/22/pdfs/ukpga_19810022_en.pdf exceeding six months or to a fine not exceeding level 5 on the
standard scale or to both.
The Sheep and Goats (Records, Identification and Movement) (England)
Breach of the Order is an offence under section 73 of the Animal
Order 2009
Health Act 1981, punishable in accordance with section 75 of that
http://www.legislation.gov.uk/uksi/2009/3219/pdfs/uksi_20093219_en.pdf
Act
(2)A person guilty of an offence to which this section applies is
Animal Health Act 1981
liable on summary conviction to imprisonment for a term not
exceeding six months or to a fine not exceeding level 5 on the
http://www.legislation.gov.uk/ukpga/1981/22/pdfs/ukpga_19810022_en.pdf standard scale or to both.
The Cattle Identification Regulations 2007
Penalties
15. A person guilty of an offence under these Regulations is
http://www.legislation.gov.uk/uksi/2007/529/pdfs/uksi_20070529_en.pdf
liable—
(a)on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment not exceeding three months or to
both;
(b)on conviction on indictment, to a fine or to imprisonment for
a term not exceeding two years or to both.
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The Products of Animal Origin (Disease Control) Regulations (Northern
Penalties
Ireland) 2008
A person guilty of an offence under these Regulations is liable—
http://www.legislation.gov.uk/nisr/2008/431/pdfs/nisr_20080431_en.pdf
(a) on summary conviction to a fine not exceeding the statutory
maximum or to a term of imprisonment not exceeding 3 months,
or both;
(b) on conviction on indictment to a fine or to imprisonment for
a term not exceeding two years or both.
The Pigs (Records, Identification and Movement) Order (Northern
Breach of the Order is an offence under article 52 of The
Ireland) 2012
Diseases of Animals (Northern Ireland) Order 1981 punishable
http://www.legislation.gov.uk/nisr/2012/67/pdfs/nisr_20120067_en.pdf
in accordance with article 52 of that Order.
The Diseases of Animals (Northern Ireland) Order 1981
http://www.legislation.gov.uk/nisi/1981/1115/pdfs/uksi_19811115_en.pdf
The Sheep and Goats (Records, Identification and Movement) Order
Breach of the Order is an offence under article 52 of The
(Northern Ireland) 2009
Diseases of Animals (Northern Ireland) Order 1981 punishable
http://www.legislation.gov.uk/nisr/2009/411/pdfs/nisr_20090411_en.pdf
in accordance with article 52 of that Order.
The Diseases of Animals (Northern Ireland) Order 1981
http://www.legislation.gov.uk/nisi/1981/1115/pdfs/uksi_19811115_en.pdf
Cattle Identification (No. 2) Regulations (Northern Ireland) 1998
17.— Penalties
(1) A person guilty of an offence under regulation 16(1)(a) or (b)
http://www.legislation.gov.uk/nisr/1998/279/contents/made
shall be 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.
(2) A person guilty of any other offence under these Regulations
shall be liable–
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(a) on summary conviction, to a fine not exceeding the statutory
maximum or to imprisonment for a term not exceeding three
months or to both;
(b) on conviction on indictment, to a fine or to imprisonment for
a term not exceeding two years or to both.
(3) For the purposes of Article 18(6) of the Diseases of Animals
(Northern Ireland) Order 19812 any offence against these
Regulations shall be deemed to be an offence against that Order.
The Natural Mineral Water, Spring Water and Bottled Drinking Water
Section 35(1)
(18) and (2)
(19) (punishment of offences)
(England) (Amendment) Regulations 2018
In subsection (1), after “section 33(1) above” insert “, as applied
http://www.legislation.gov.uk/uksi/2018/352/pdfs/uksi_20180352_en.pdf
and modified by regulation 22 of, and Schedule 13 to, the
Natural Mineral Water, Spring Water and Bottled Drinking
Water (England) Regulations 2007,”.
After subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as
applied by regulation 22 of, and Schedule 13 to, the Natural
Mineral Water, Spring Water and Bottled Drinking Water
(England) Regulations 2007, is liable, on summary conviction,
to a fine.”.
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