OpenLegislation

Regulation 4 Offences under European legislation

United Kingdom

(1)

Any person who fails to comply with any of the following is guilty of an offence—

(a)

the following provisions of Regulation(EC) No. 1760/2000of the European Parliament and the Council—

(i)

Article 11 (requirement to label);

(ii)

Article 13(1) (general rules);

(iii)

Article 13(2) (indications on the label);

(iv)

Article 13(5) (additional information on the label);

(v)

Article 14 (labelling of minced beef);

(vi)

Article 15 (beef from third countries) F1, as read with Article 15za (transitional provisions);

F2(vii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(viii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

the following provisions of (EC) No. 1825/2000—

(i)

Article 1 (traceability);

(ii)

Article 2 (labelling);

(iii)

Article 4 (size and composition of a group);

(iv)

Article 5(2) (minced beef);

(v)

Article 5a (trimmings);

(vi)

Article 5b (pre-packaged cut meat);

(vii)

Article 5c (non-pre-packaged cut meat);

F3(viii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ix)

Article 7 (access to premises and records);

F4(c)

The following provisions of F5Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time—

(i)

Article 78 and paragraph II of Part I of Annex VII (classification at the slaughterhouse);

(ii)

Article 78 and paragraph III of Part I of Annex VII (sales descriptions);

(iii)

Article 78 and paragraph IV of Part I of Annex VII (compulsory indication on the label);

(iv)

Article 78 and paragraph V of Part I of Annex VII (recording).

(d)

the following provision of (EC) No. 566/2008—

(i)

Article 4(1) (compulsory information on the label);

(ii)

Article 4(2) (indication of age);

(iii)

Article 5 (recording information).

(2)

For the purposes of F6F7point 4(2) of Part 1 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time, the required information must be displayed near the meat so as to allow the final consumer to identify it easily, and must be clearly legible.

(3)

Records (including electronic records) must be retained for a period of 12 months from the end of the calendar year in which the record was made.

F8(4)

Paragraphs (1)(a)(vi) and (1)(b)(ii) do not apply if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before 1 January 2024, and

(b)

either—

(i)

in the case of paragraph (1)(a)(vi), would not have constituted a contravention of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as that Regulation had effect in EU law immediately before IP completion day, or

(ii)

in the case of paragraph (1)(b)(ii) and where the alleged contravention is a failure to comply with Article 2(2)(b) of Commission Regulation (EC) No 1825/2000, would not have constituted a contravention of that provision as it had effect in EU law immediately before IP completion day.

Annotations

Textual amendments

F1

Words in reg. 4(1)(a)(vi) inserted (31.12.2020) by The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 6(2); 2020 c. 1, Sch. 5 para. 1(1)

F2

Reg. 4(1)(a)(vii)(viii) omitted (17.9.2018) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 38(3)(a)(i)

F3

Reg. 4(1)(b)(viii) omitted (31.12.2020) by virtue of The Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/824), regs. 1, 6(3); 2020 c. 1, Sch. 5 para. 1(1)

F4

Reg. 4(1)(c) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 3(3)

F5

Words in reg. 4(1)(c) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 38(3)(a)(ii)

F6

Words in reg. 4(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 3(4)

F7

Words in reg. 4(2) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 38(3)(b)

F8

Reg. 4(4) substituted (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 (S.I. 2022/938), regs. 1(1), 4