The Hops Certification Regulations 1979 in Northern Ireland
S.I. 1979/1095 · Made 29 August 1979 · Extends to United Kingdom
AGRICULTURE
Made 29th August 1979
Laid before Parliament 10th September 1979
Coming into Operation 1st October 1979
The Minister of Agriculture, Fisheries and Food and the Secretary of State, being Ministers designatedf1 for the purposes of section 2(2) of the European Communities Act 1972 in relation to the common agricultural policy of the European Economic Community, acting jointly in exercise of the powers conferred on them by the said section 2(2), hereby make the following regulations:—C1
Annotations to the whole text
Modifications
- C1
Regulations applied (with modifications) (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 9, Sch.
Footnotes
- f1
-
S.I. 1972/1811.
Contents
- 4Restrictions on movement of unattested third country hop cones Repealed
- 6Obstruction, etc
- 6ARegulation 6A
- 9Removal, falsification, etc. of marks or certificates; false entries
- 10Defence available to person charged with an offence
- 11Supplementary
- 12Notices
- 13Repeals and revocation
- Signature
- Explanatory note
4Restrictions on movement of unattested third country hop conesF1
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Obstruction, etcI1
Any person who—
intentionally obstructs an inspector appointed in pursuance of regulation 5 above in the exercise of the powers conferred on him by any provision of that regulation F1or a person accompanying him and acting under his instructions in pursuance of the power conferred by regulation 5(3) above; or
without reasonable excuse fails to provide facilities or assistance or to produce or permit the inspection of any document which he is required to provide or produce in pursuance of any provision of that regulation,
shall be guilty of an offence and liable on summary convictionF2 or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding F3level 3 on the standard scale.
6AF1
If any person—
fails to provide to an inspector or a certifying officer the information specified in F2Article 12(1) of Commission Regulation (EC) No 1850/2006 Article 9(1) of Commission Implementing Regulation (EU) 2024/601, or
intentionally obstructs an inspector or a certifying officer when seeking such information,
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
9Removal, falsification, etc. of marks or certificates; false entriesI1
If any person—
without due authority and with intent to deceive, removes, alters, conceals or defaces any certificate, or any prescribed seal or mark, lawfully applied to, accompanying or relating to any hops or hop products;
without due authority and with intent to deceive applies to any hops or hop products, any certificate or any prescribed seal or mark;
with intent to deceive applies to any hops or hop products any document, seal or mark so closely resembling a certificate or a prescribed seal or mark as to be likely to deceive;
knowingly makes a false entry in any declaration, certificate, book, account or record which is required by the F2F3EU provisions relevant provisions or these regulations to be made, issued, kept or produced, or, with intent to deceive, makes use of any such entry knowing the entry to be false;
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding F4level 5 on the standard scale or to imprisonment for a term not exceeding three months or both.
10Defence available to person charged with an offenceI1
In any proceedings for an offence under these regulations, it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence; and, without prejudice to the generality of the foregoing, if that person proves that he took all the precautions and exercised all the diligence required by the F1F2EU provisions relevant provisions he shall be deemed to have established that defence.
11SupplementaryI1
Where an offence under these regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members the provisions of paragraph (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
12NoticesI1
Any notice required or authorised by these regulations to be given to or served on any person shall be in writing and shall be sufficiently given or served if it is delivered to him personally or left at his last known place of abode or business or sent to him by post in a letter addressed to him at that place of abode or business.
Any notice required or authorised by these regulations to be given to or served on an incorporated company or body shall be sufficiently given or served if given to or served on the secretary or clerk of the company or body. For the purposes of these regulations and of section 7 of the Interpretation Act 1978, the proper address of such secretary or clerk shall be that of the registered or principal office of the company or body.
13Repeals and revocationI1
The Hop Trade Act 1814 and the Hop (Prevention of Frauds) Act 1866 are hereby repealed.
The Hops (Import Regulation) Order 1961 is hereby revoked.
Signature
In Witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 23rd August 1979.
L.S.
Peter Walker
Minister of Agriculture, Fisheries and Food
George Younger
Secretary of State
29th August 1979
Explanatory note
These Regulations make provision for the implementation in the United Kingdom of the Community hop certification system set up under the Community provisions referred to in regulation 1(2). Regulation 2 provides for certification to be carried out by certifying officers authorised for that purpose by the Minister of Agriculture, Fisheries and Food or the Secretary of State. Regulation 3 creates offences of selling uncertified or improperly packaged hops or hop products of Community origin; selling imported third country hop cones without an attestation of equivalence or control attestation; selling imported third country hop products without an attestation of equivalence; and, except in the case of hops harvested on land owned by a brewer and used by him, using for the manufacture of hop products third country hops imported without an attestation of equivalence. Regulation 4 imposes restrictions on the movement of third country hop cones imported without an attestation of equivalence.
Regulation 5 provides for inspection of certification centres and premises where hops and hop products are to be found and regulation 6 makes it an offence to obstruct an inspector. Regulation 7 provides for the submission of brewers' and processors' declarations and regulation 8 for the keeping and production of records. Regulation 9 creates offences of removing, falsifying, etc. marks or certificates and making or using false entries in records.
Regulation 10 provides for defences; regulations 11 and 12 are supplementary. Regulation 13 repeals the Hop Trade Act 1814 and the Hop (Prevention of Frauds) Act 1866 and revokes the Hops (Import Regulation) Order 1961.