Made | 22nd August 2006 | ||
Laid before Parliament | 25th August 2006 | ||
Coming into force | 1st October 2006 |
(b) birds (including ratites but excluding poultry) which are not generally considered to be domestic but which are bred, reared and slaughtered in captivity; and
(c) domestic rabbits;
Liability for and recovery of charges for residues surveillance
3.
—(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, for each animal, fish or animal product so listed, charge the amount specified opposite in the second 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—
(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—
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—
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[4] as amended on the date on which these Regulations are made[5].
Information, offences and enforcement
4.
—(1) Any person so required by the Secretary of State shall supply—
(2) Any person who, without reasonable excuse, fails to comply within a reasonable time with a demand made under paragraph (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Any person who knowingly furnishes the Secretary of State with false or misleading information for him to use when calculating charges payable under these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) These Regulations shall be enforced by the Secretary of State.
Revocations
5.
The instruments specified in Schedule 2 are revoked.
Transitional provision
6.
Any agreement made under the revoked instruments, if subsisting on the date these Regulations come into force, shall be treated as an agreement made under these Regulations.
Ben Bradshaw
Parliamentary Under Secretary of State, Department for Environment, Food and Rural Affairs
22nd August 2006
Type of creature or animal product | Charge (£) | |||
Bovine | 0.4352} | per carcase | ||
Goat | 0.0561} | |||
Sheep | 0.0561} | |||
Soliped | 0.3058} | |||
Swine | 0.0707} | |||
Game and wild game | 1.0461} | per tonne | ||
Poultry— | ||||
until 31st December 2006 | 0.8297} | |||
from 1st January 2007 | 0.6223} | |||
Eggs | 0.0129 | per 360 | ||
Milk | 0.0244 | per 1000 litres | ||
Salmon | 2.0449 | per tonne of marketed product | ||
Trout: brown and rainbow | 1.7303 | per tonne of fish food |
Regulations revoked | Reference |
The Charges for Inspections and Controls Regulations 1997 | S.I. 1997/2893 |
The Charges for Inspections and Controls (Amendment) Regulations 1998 | S.I. 1998/2880 |
The Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2004 | S.I. 2004/1871 |
The Charges for Inspections and Controls (Amendment) Regulations 2005 | S.I. 2005/12 |
The Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2005 | S.I. 2005/2715 |
The Charges for Inspections and Controls (Amendment) Regulations 2006 | S.I. 2006/756 |
Changes to fees (by comparison with the Charges for Inspections and Controls Regulations 1997), ranging approximately from decreases of 25% to increases of 45% , are itemised in the table below. Other sums are the same as before.
Type of creature or product | Current sum (£) | Replacement sum (£) | |
Bovine | 0.4246 | 0.4352 | per carcase |
Goat | 0.0387 | 0.0561 | |
Sheep | 0.0387 | 0.0561 | |
Swine | 0.0831 | 0.0707 | |
Eggs | 0.0104 | 0.0129 | per 360 |
Milk | 0.0212 | 0.0244 | per 1000 litres |
Salmon | 1.8590 | 2.0449 | per tonne of marketed product |
Trout: brown and rainbow | 1.5730 | 1.7303 | per tonne of fish food |
[2] The powers, so far as they are exercisable in relation to England, were transferred by article 2(6) of the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and by article 2(3) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) to the Secretary of State. In so far as they are exercisable in relation to Scotland, they were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c.46) but the Secretary of State retains a concurrent power to exercise them under section 57(1) of that Act. In so far as they are exercisable in relation to Wales, they were transferred to the National Assembly for Wales by article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) but the Ministers of the Crown responsible retain a concurrent power to exercise them under paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c.38); that concurrent power became vested in the Secretary of State in consequence of section 40(1) of and Schedule 5 to the Food Standards Act 1999 (c.28), but subject to any power of the Minister of Agriculture, Fisheries and Food, saved by regulation 13 of S.I. 2000/656, to join in making regulations concerning charges for inspection in relation to residues of veterinary products; that joint power was transferred to the Secretary of State by article 2(3) of S.I. 2002/794.back
[3] OJ No. L31, 1.2.2002, p. 1.back
[4] OJ No. L125, 23.5.1996, p. 10.back
[5] The last amendment was made by Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No. L 165, 30.4.2004, p. 1).back