# The Charges for Residues Surveillance Regulations 2006, Regulation 3: Liability for and recovery of charges for residues surveillance

Extent: E

(1) In respect of the costs incurred by the Secretary of State in carrying out the inspections and controls required by Directive 96/23 on the animals, fish or animal products listed in the first column of Schedule 1, he shall, except where paragraph (7) applies —
(a) for animals slaughtered, wild game prepared, fish other than trout marketed, trout for which feed is purchased, milk collected or eggs packed within the period beginning with 1st June 2026 and ending with 31st March 2027, charge the amount specified in the corresponding entry in the second column of that Schedule;
(b) for animals slaughtered, wild game prepared, fish other than trout marketed, trout for which feed is purchased, milk collected or eggs packed on or after 1st April 2027, charge the amount specified in the corresponding entry in the third column of that Schedule.
(2) Any charge under paragraph (1) is payable to the Secretary of State, and is recoverable by him on demand as a debt owed to him by the person liable to pay the charge under paragraph (3).
(3) The person liable to pay that charge is—
(a) in relation to any animal other than wild game, the operator of the business slaughtering the animal for sale or supply for human consumption;
(b) in relation to wild game, the operator of the business preparing the carcase of the wild game for sale or supply for human consumption;
(c) in relation to fish, the operator of the business producing the fish;
(d) in relation to milk, the operator of the food business collecting the milk, or, in the case of milk that is not collected from its producer by a food business before being sold, supplied or prepared for sale for human consumption, its producer; and
(e) in relation to eggs, the operator of the business packing the eggs.
(4) Where any person referred to in sub-paragraph (a), (b), (d) or (e) of paragraph (3) has paid a charge under that sub-paragraph, he may recover on demand a sum equal to that charge as a debt owed to him by any person on whose behalf he slaughtered the animal, prepared the wild game, collected the milk or packed the eggs (as the case may be) in respect of which he made payment.
(5) The Secretary of State may enter into an agreement with an organisation that he considers is supported by egg packing businesses providing for that organisation to pay for his inspection and control of eggs.
(6) If the Secretary of State enters into an agreement pursuant to paragraph (5), he shall, as soon as reasonably practicable thereafter, publicise—
(a) the fact of having done so,
(b) its duration, and
(c) if the agreement is not of a fixed term, the way in which he will notify its termination,
in a manner suitable for informing persons concerned in the egg trade.
(7) Paragraph (1) shall not apply in respect of any inspection or control in respect of which an organisation is liable for payment by virtue of an agreement under paragraph (5).
(8) Where the Secretary of State has appointed any manufacturer of brown trout or rainbow trout feed as his agent to collect the charge for his inspection and control of brown trout or rainbow trout, the manufacturer may collect the charge by incorporating the amount of the charge in the price of such feed.
(9) As soon as reasonably practicable after making such an appointment, the Secretary of State shall publicise—
(a) the name of the appointed manufacturer,
(b) the duration of the appointment, and
(c) if the appointment is not for a fixed term, the way in which he will notify its termination,
in a manner suitable for informing operators of businesses producing brown trout and rainbow trout.
(10) In this regulation, “Directive 96/23” means Council Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC as amended on the date on which these Regulations are made.

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Source: https://www.legislation.gov.uk/uksi/2006/2285/regulation/3 (the official version)
Page: https://openlegislation.uk/charges-for-residues-surveillance-regulations-2006/regulation-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.