Citation, commencement and interpretation_I1E1

1.—(1) These regulations may be cited as the Hops Certification Regulations 1979 and shall come into operation on 1st October 1979.

(2) In these regulations, unless the context otherwise requires,—

[^F1“the appropriate authority” means—

but the appropriate authority is the Secretary of State—

“certification” means certification under the [^F2relevant provisions^F2] , and cognate expressions shall be construed accordingly;

“certification centre” means a place for the time being designated by the appropriate [^F3authority^F3] for the purposes of certification;

“certifying officer” means a person for the time being authorised by the appropriate [^F3authority^F3] to certify hops and hop products;

“the Commissioners” means the Commissioners of Customs and Excise;

[^F4“the [^F2relevant provisions^F2]” means—

“hop products” means those products prepared or derived from hops which are mentioned in [^F5Articles 1 and 3(1) of Regulation (EU) No 1308/2013^F5] ;

“prescribed” means prescribed by the [^F2relevant provisions^F2] ; and other expressions have the same meaning as in the [^F2relevant provisions^F2] .

Citation, [^F48commencement, interpretation and extent^F48]_I13E4

1.—(1) These regulations may be cited as the Hops Certification Regulations 1979 and shall come into operation on 1st October 1979.

(2) In these regulations, unless the context otherwise requires,—

^F49...

“certification” means certification under the [^F50EU^F50] provisions, and cognate expressions shall be construed accordingly;

“certification centre” means a place for the time being designated by the [^F51Department^F51] for the purposes of certification;

“certifying officer” means a person for the time being authorised by the [^F51Department^F51] to certify hops and hop products;

“the Commissioners” means the Commissioners of Customs and Excise;

[^F52“the Department” means the Department of Agriculture, Environment and Rural Affairs;^F52]

[^F53“the EU provisions” means—

“hop products” means those products prepared or derived from hops which are mentioned in [^F55Articles 1 and 3(1) of Regulation (EU) No 1308/2013[^F56and Article 3 of Commission Delegated Regulation (EU) 2024/602^F56,F55]];

“prescribed” means prescribed by the [^F50EU^F50] provisions; and other expressions have the same meaning as in the [^F50EU^F50] provisions.

[^F57(3)Any reference in these Regulations to the EU provisions are references to those provisions as they have effect by virtue of section 7A of the European Union (Withdrawal) Act 2018 and as amended from time to time.

(4)These Regulations extend to Northern Ireland.^F57,F53]]

Certification_I2E2

2. Where, under the [^F6relevant provisions^F6] , hops or hop products are required to be certified in [^F7Great Britain^F7] , the certification shall be carried out in accordance with those provisions by a certifying officer, and no document purporting to be a certificate shall be valid unless it is issued by a certifying officer.

Certification_I14E5

2. Where, under the [^F58EU^F58] provisions, hops or hop products are required to be certified in [^F59Northern Ireland^F59] , the certification shall be carried out in accordance with those provisions by a certifying officer, and no document purporting to be a certificate shall be valid unless it is issued by a certifying officer.

Sale, etc. contrary to [^F8relevant provisions^F8]_I3E3

3.—(1) No person shall—

(a)sell any harvested hops required by the [^F8relevant provisions^F8] to be certified before being marketed, or any hop products so required, unless they have been certified;

(b)sell, or expose for sale, any certified hops or certified hop products otherwise than in packages which are marked and sealed in accordance with the [^F8relevant provisions^F8] ;

[^F9(c)sell any hop cones imported from a third country and falling within combined nomenclature code 1210 10 unless there has been issued in respect of those hop cones either—

(i)an attestation of equivalence, or

(ii)in respect of hop cones imported from the European Union before [^F101 February 2027^F10], provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hop cones, an EU certificate ;

(d)sell any hop products imported from a third country unless there has been issued in respect thereof either—

(i)an attestation of equivalence, or

(ii)in respect of hop products imported from the European Union before [^F111 February 2027^F11], provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hop products, an EU certificate;

(e)except as provided for in Article 1(3)(a) of Commission Regulation (EC) No 1850/2006 (which relates to hops harvested on land owned by a brewer and used by him in the natural or processed state), use for the manufacture of hop products any hops imported from a third country unless there has been issued in respect thereof either—

(i)an attestation of equivalence, or

(ii)in respect of hops imported from the European Union before [^F121 February 2027^F12], provided that the Secretary of State has not published a statement under Article 77(4) of Regulation (EU) No 1308/2013 in relation to such hops, an EU certificate.^F9]

^F13(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F14(1A)Paragraph (1)(c) does not apply insofar as Article 10 of Regulation (EC) 1295/2008 provides otherwise.^F14]

(2) A person who without reasonable excuse contravenes any provision of paragraph (1) above shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [^F15level 5 on the standard scale^F15] .

Sale, etc. contrary to [^F60EU^F60] provisions_I15E6

3.—(1) No person shall—

(a)sell any harvested hops required by the [^F60EU^F60] provisions to be certified before being marketed, or any hop products so required, unless they have been certified;

(b)sell, or expose for sale, any certified hops or certified hop products otherwise than in packages which are marked and sealed in accordance with the [^F60EU^F60] provisions;

[^F61(c)sell any hop cones imported from a third country and falling within combined nomenclature code 121010 unless there has been issued in respect of those hop cones [^F62the attestation of equivalence provided for in Article 190 of Regulation (EU) No 1308/2013^F62];^F61]

(d)sell any hop products imported from a third country unless there has been issued in respect thereof the attestation of equivalence provided for in [^F63Article 190 of Regulation (EU) No 1308/2013^F63] ;

(e)except as provided for in [^F64Article 5(a) of Commission Delegated (which relates to hops harvested on land owned by a brewer and used by him in the natural or processed state), use for the manufacture of Regulation (EU) 2024/602^F64]hop products any hops imported from a third country unless there has been issued in respect thereof the attestation of equivalence provided for in [^F63Article 190 of Regulation (EU) No 1308/2013^F63] .

[^F65(1A)Paragraph (1)(c) does not apply insofar as Article 10 of [^F66Commission Delegated Regulation (EU) 2023/2835^F66] provides otherwise.^F65]

^F67(2) A person who without reasonable excuse contravenes any provision of paragraph (1) above shall be guilty of an offence and liable on summary conviction ... to a fine not exceeding [^F68level 5 on the standard scale^F68] .

Restrictions on movement of unattested third country hop cones

^F164. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspectors_I4

5.—(1) The appropriate [^F17authority^F17] may appoint, as inspectors to assist [^F18it^F18] in the official surveillance of certification[^F19for hops and hop products produced within [^F20Great Britain^F20] and in the verification of the minimum marketing requirements for hops and hop products imported from a third country^F19] required by the [^F21relevant provisions^F21] , such number of [^F22its^F22] officers appearing to him to be qualified for the purpose as [^F23it^F23] considers appropriate from time to time.

(2) An inspector appointed in pursuance of paragraph (1) above may, at all reasonable times and on producing written evidence of his authority if required to do so,—

[^F24(a)enter and inspect any certification centre, or any premises or place used for the production, grading, processing, packing, storage or sale of any hops or hop products, inspect any machinery or equipment, and any hops or hop products, found there and take samples of such hops or hop products;^F24]

(b)require any person having control of any such centre, premises or place, and any certifying officer, to give the inspector such assistance and afford him such facilities as the inspector may reasonably ask for in connection with his powers under this regulation;

(c)require any person to produce and permit the inspector to inspect any documents in that person's possession or control, being documents which any person is required by any provision of the [^F25relevant provisions^F25] or of these regulations to prepare or maintain.

[^F26(3)An inspector acting in exercise of a power conferred by paragraph (2)(a) above may take with him such other persons as he considers necessary.^F26]

Inspectors_I16E7

^F735.—(1) The [^F69Department^F69] may appoint, as inspectors to assist [^F70it^F70] in the official surveillance of certification[^F71for hops and hop products produced within [^F72the European Union^F72] and in the verification of the minimum marketing requirements for hops and hop products imported from a third country^F71] required by the [^F72EU^F72] provisions, such number of ...officers appearing to [^F70it^F70] to be qualified for the purpose as [^F74it^F74] considers appropriate from time to time.

(2) An inspector appointed in pursuance of paragraph (1) above may, at all reasonable times and on producing written evidence of his authority if required to do so,—

[^F75(a)enter and inspect any certification centre, or any premises or place used for the production, grading, processing, packing, storage or sale of any hops or hop products, inspect any machinery or equipment, and any hops or hop products, found there and take samples of such hops or hop products;^F75]

(b)require any person having control of any such centre, premises or place, and any certifying officer, to give the inspector such assistance and afford him such facilities as the inspector may reasonably ask for in connection with his powers under this regulation;

(c)require any person to produce and permit the inspector to inspect any documents in that person's possession or control, being documents which any person is required by any provision of the [^F72EU^F72] provisions or of these regulations to prepare or maintain.

[^F76(3)An inspector acting in exercise of a power conferred by paragraph (2)(a) above may take with him such other persons as he considers necessary.^F76]

Obstruction, etc_I5

6. Any person who—

(a)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 [^F27or a person accompanying him and acting under his instructions in pursuance of the power conferred by regulation 5(3) above^F27] ; or

(b)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 conviction [^F28 or, in Scotland, on conviction before a court of summary jurisdiction,^F28] to a fine not exceeding [^F29level 3 on the standard scale^F29] .

[^F306A.If any person—

(a)fails to provide to an inspector or a certifying officer the information specified in [^F31Article 12(1) of Commission Regulation (EC) No 1850/2006^F31][^F31Article 9(1) of Commission Implementing Regulation (EU) 2024/601^F31], or

(b)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.^F30]

Brewers' and processors' declarations_I6

7.—(1) A brewer required by [^F32Article 20(1) of Commission Regulation (EC) No 1850/2006 to send to the competent certification authority referred to in Article 21 of that Regulation^F32] , a declaration giving the particulars of hops harvested on his land and used by him which are mentioned in [^F33Article 20(1)^F33] shall forward the declaration, not later than 31st October in each year, to the appropriate [^F34authority^F34] or to such other person as that [^F34authority^F34] shall by notice to the brewer from time to time direct.

(2) A processor required [^F35to send to the competent certification authority referred to in Article 21 of a declaration of the quantities of isomerized hop extracts produced and marketed by him shall forward the declaration, not later than 31st December in each year, to the appropriate Commission Regulation (EC) No 1850/2006^F35][^F36authority^F36] or to such other person as that [^F36authority^F36] shall by notice to the processor from time to time direct.

(3) Any person who without reasonable excuse contravenes paragraph (1) or (2) above shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [^F37level 2 on the standard scale^F37] .

Brewers' and processors' declarations_I17E8

7.[^F77—(1)A brewer required by Article 6(1) of Commission Delegated Regulation (EU) 2024/602 to send to the competent certification authority referred to in Article 3(m) of Commission Delegated Regulation (EU) 2024/602 and in Article 10 of Commission Implementing Regulation (EU) 2024/601, a declaration giving the particulars of hops harvested on the brewer’s land and used by the brewer which as mentioned in Article 6(1) shall forward the harvest declaration not later than 15^th November in each year to the Department or to such person as the Department shall by notice to the brewer from time to time direct.^F77]

(2) A processor required [^F78to send to the competent certification authority referred to in [^F79Article 10 of Commission Implementing a declaration of the quantities of isomerized hop extracts produced and marketed by him shall forward the declaration, not later than 31st December in each year, to the Regulation (EU) 2024/601^F79,F78]][^F80Department^F80] or to such other person as [^F81the Department^F81] shall by notice to the processor from time to time direct.

^F82(3) Any person who without reasonable excuse contravenes paragraph (1) or (2) above shall be guilty of an offence and liable on summary conviction ... to a fine not exceeding [^F83level 2 on the standard scale^F83] .

Records_I7

8.—(1) The appropriate [^F38authority^F38] may, by notice given to any person engaged, whether as principal or agent, in the production, grading, processing, packing or sale of any hops or hop products (not being hops or hop products exempt from certification) require that person to keep such records of any of those activities as may be specified in the notice: and that person shall comply with the requirement.

(2) Every person so required to keep records shall retain them for three years from the end of the calendar year to which they relate, and produce them on demand to any authorised officer of the appropriate [^F39authority^F39] who presents his credentials.

(3) A person who without reasonable excuse contravenes any of the foregoing provisions of this regulation shall be guilty of an offence and liable on summary conviction or, in Scotland, on conviction before a court of summary jurisdiction, to a fine not exceeding [^F40level 4 on the standard scale^F40] .

Records_I18E9

8.—(1) The [^F84Department^F84] may, by notice given to any person engaged, whether as principal or agent, in the production, grading, processing, packing or sale of any hops or hop products (not being hops or hop products exempt from certification) require that person to keep such records of any of those activities as may be specified in the notice: and that person shall comply with the requirement.

(2) Every person so required to keep records shall retain them for three years from the end of the calendar year to which they relate, and produce them on demand to any authorised officer of the [^F84Department^F84] who presents [^F85their^F85] credentials.

^F86(3) A person who without reasonable excuse contravenes any of the foregoing provisions of this regulation shall be guilty of an offence and liable on summary conviction ... to a fine not exceeding [^F87level 4 on the standard scale^F87] .

Removal, falsification, etc. of marks or certificates; false entries_I8

9.[^F41—(1)^F41] If any person—

(a)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;

(b)without due authority and with intent to deceive applies to any hops or hop products, any certificate or any prescribed seal or mark;

(c)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;

(d)knowingly makes a false entry in any declaration, certificate, book, account or record which is required by the [[^F42,F43EU^F43] provisions^F42][^F42relevant provisions^F42] 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 [^F44level 5 on the standard scale^F44] or to imprisonment for a term not exceeding three months or both.

[^F45(2)In this regulation “certificate” includes an attestation of equivalence provided for in [^F46Article 190 of Regulation (EU) No 1308/2013^F46].^F45]

Defence available to person charged with an offence_I9

10. 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 [[^F47,F43EU^F43] provisions^F47][^F47relevant provisions^F47] he shall be deemed to have established that defence.

Supplementary_I10

11.—(1) 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.

(2) 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.

Notices_I11

12.—(1) 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.

(2) 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.

Repeals and revocation_I12

13.—(1)The Hop Trade Act 1814 and the Hop (Prevention of Frauds) Act 1866 are hereby repealed.

(2)The Hops (Import Regulation) Order 1961 is hereby revoked.

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.