Beef Labelling (Enforcement) Regulations 1998

JurisdictionUK Non-devolved
CitationSI 1998/616
Year1998

1998 No. 616

FOOD

The Beef Labelling (Enforcement) Regulations 1998

Made 9th March 1998

Laid before Parliament 10th March 1998

Coming into force 1st April 1998

The Minister of Agriculture, Fisheries and Food, the Secretaries of State respectively concerned with health in England and food and health in Wales, acting jointly in relation to England and Wales, and the Secretary of State for Scotland in relation to Scotland, in exercise of the powers conferred on them by sections 6(4), 17(2) and 26(3) of the Food Safety Act 19901, and of all other powers enabling them in that behalf, having consulted with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, make the following Regulations:

S-1 Title, commencement and interpretation

Title, commencement and interpretation

1.—(1) These Regulations may be cited as the Beef Labelling (Enforcement) Regulations 1998 and shall come into force on 1st April 1998.

(2) In these Regulations—

“the Commission Regulation” means Commission Regulation (EC) No. 1141/97laying down detailed rules for the application of Council Regulation (EC) No. 820/97as regards the labelling of beef and beef products2;

“the Council Regulation” means Council Regulation (EC) No. 820/97establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products3.

S-2 Enforcement of the Council Regulation

Enforcement of the Council Regulation

2.—(1) Any person who fails to comply with Article 12.1 of the Council Regulation shall be guilty of an offence.

(2) Where beef has been labelled and marketed in a manner which does not comply with a specification established under Article 14 or 15 of the Council Regulation, an officer of a food authority enforcing these Regulations may serve a notice on the person in possession of the beef requiring its removal from sale until the label is removed or until the beef is relabelled in accordance with those Articles; and any person who fails to comply with the provisions of that notice shall be guilty of an offence.

(3) The Minister shall be the competent authority for the purposes of Article 14 of the Council Regulation.

S-3 Enforcement of the Commission Regulation

Enforcement of the Commission Regulation

3.—(1) Any person who fails to comply with Article 2, Article 3.1 or Article 3.4 of the Commission Regulation shall be guilty of an offence.

(2) The Minister shall be the competent authority for the purposes of Article 3 of the Commission Regulation.

S-4 Enforcement bodies

Enforcement bodies

4.—(1) Subject to the following provisions of this regulation, each food authority shall enforce and execute these Regulations in its area.

(2) Each port health authority (or, in Scotland, each port local authority) shall enforce and execute these Regulations in its district in relation to imported beef.

(3) In this regulation “food authority” does not include the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council under a structural change.

S-5 Penalties

Penalties

5.—(1) A person guilty of an offence under regulation 2 or 3 above shall be liable on summary conviction to a...

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