Statutory Instruments
2006 No. 2285
FOOD
The Charges for Residues Surveillance Regulations 2006
Made
22nd August 2006
Laid before Parliament
25th August 2006
Coming into force
1st October 2006
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6(4), 45 and 48(1)(b) and (c) of the Food Safety Act 1990(1) and now vested in him(2).
In accordance with section 48(4A) of that Act he has had regard to advice given by the Food Standards Agency on the proposal to make the Regulations.
In accordance with Article 9 of Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), he has consulted those whom he considers likely to be affected by the Regulations.
Title, extent and commencement
1. These Regulations may be cited as the Charges for Residues Surveillance Regulations 2006, extend to Great Britain and come into force on 1st October 2006.
Interpretation
2. In these Regulations—
[F1 “ the Official Controls Regulation ” means Regulation 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products; F1]
“animal” means any bovine animal, swine, soliped, sheep, goat, poultry, game or wild game;
“animal product” means milk or eggs;
“brown trout” means any fish of the species Salmo trutta which has spent all of its life in fresh water;
“carcase” means the whole body of a slaughtered animal after bleeding and dressing;
[F2 “ competent authority ” has the meaning given in Article 3(3)(a) of the Official Controls Regulation; F2]
“eggs” means hen eggs in shell, suitable for direct human consumption or for use in the food industry except for broken eggs, incubated eggs or cooked eggs;
[F3 “fish” means any farmed fish; F3]
“game” means—
land mammals which are reared and slaughtered in captivity, excluding—
any living within an enclosed territory under conditions of freedom similar to those that they would enjoy if they were living in the wild,
any bovine animal, swine, soliped, sheep or goat, and
members of the Family Leporidae;
birds (including ratites but excluding poultry) which are not generally considered to be domestic but which are bred, reared and slaughtered in captivity; and
domestic rabbits;
“milk” means cows’ milk;
“poultry” means domestic fowls, turkeys, guinea fowls, ducks or geese;
“rainbow trout” means fish of the species Oncorhynchus mykiss ;
“salmon” means fish of the species Salmo salar ;
“wild game” means—
wild land mammals which are hunted (including wild land mammals living within an enclosed area under conditions of freedom similar to those that they would enjoy if they were living in the wild); or
wild birds.
Liability for and recovery of charges for residues surveillance E1
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 [F4—
(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 [F5 1st June 2026F5] and ending with 31st March [F6 2027F6] , 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 [F7 2027F7] , charge the amount specified in the corresponding entry in the third column of that Schedule.F4]
(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;
[F8 (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; andF8]
(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 ( 4 ) as amended on the date on which these Regulations are made( 5 ).
Liability for and recovery of charges for residues surveillance E3
3.[F14—(1) In respect of costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority shall, except where paragraph (7) applies—
(a)for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with 1 October 2024 and ending with 31 March 2025, charge the amount specified in the corresponding entry in the second column of that Schedule; and
(b)for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after 1 April 2025, charge the amount specified in the corresponding entry in the third column of that Schedule.F14]
(2) Any charge under paragraph (1) is payable to [F15a competent authorityF15] , and is recoverable by [F16the competent authorityF16] on demand as a debt owed to [F16the competent authorityF16] 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;
[F17 (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; andF17]
(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)[F18 A competent authorityF18] may enter into an agreement with an organisation that [F19the competent authorityF19] considers is supported by egg packing businesses providing for that organisation to pay for [F20theF20] inspection and control of eggs.
(6)[F21 If a competent authorityF21] enters into an agreement pursuant to paragraph (5), [F22the competent authorityF22] 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 [F23the competent authorityF23] 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 [F24a competent authorityF24] has appointed any manufacturer of brown trout or rainbow trout feed as [F25the competent authority’s agentF25] to collect the charge for [F26the inspectionF26] 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 [F27competent authorityF27] 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 [F28the competent authority willF28] 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 ( 4 ) as amended on the date on which these Regulations are made( 5 ).
Liability for and recovery of charges for residues surveillance E4
3.[F29—(1) In respect of the costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority must, except where paragraph (7) applies—
(a)for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with [F30 1 April 2026F30] and ending with [F31 31 March 2027F31] , charge the amount specified in the relevant entry in the second column of that Schedule, and
(b)or animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after [F32 1 April 2027F32] , charge the amount specified in the relevant entry in the third column of that Schedule.F29]
(2) Any charge under paragraph (1) is payable to [F33the competent authorityF33] , and is recoverable by [F34the competent authorityF34] on demand as a debt owed to [F34the competent authorityF34] 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;
[F35 (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; andF35]
(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)[F36 A competent authorityF36] may enter into an agreement with an organisation that [F37the competent authorityF37] considers is supported by egg packing businesses providing for that organisation to pay for [F38theF38] inspection and control of eggs.
(6)[F39 If a competent authorityF39] enters into an agreement pursuant to paragraph (5), [F40the competent authorityF40] 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 [F41the competent authorityF41] 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 [F42a competent authorityF42] has appointed any manufacturer of brown trout or rainbow trout feed as [F43the competent authority’s agentF43] to collect the charge for [F44the inspectionF44] 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 [F45competent authorityF45] 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 [F46the competent authorityF46] will notify its termination,
in a manner suitable for informing operators of businesses producing brown trout and rainbow trout.
F47(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Information, offences and enforcement E2
4.—(1) Any person so required by the Secretary of State shall supply—
(a)such information as the Secretary of State requires for the purpose of calculating charges payable under these Regulations; and
(b)such evidence as the Secretary of State requires to enable him to verify information supplied under sub-paragraph (a).
(2) Any person who, without reasonable excuse, fails to comply [F9within 30 daysF9] 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.
Information, offences and enforcement E5
4.—(1) Any person so required by [F48a competent authorityF48] shall supply—
(a)such information as the [F49competent authorityF49] requires for the purpose of calculating charges payable under these Regulations; and
(b)such evidence as [F50a competent authority requiresF50] to verify information supplied under sub-paragraph (a).
(2) Any person who, without reasonable excuse, fails to comply [F51within 30 daysF51] 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 [F52a competent authorityF52] with false or misleading information for [F53the competent authorityF53] 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.
[F54 (4) These Regulations are enforced by the Welsh Ministers.F54]
Information, offences and enforcement E6
4.—(1) Any person so required by [F55a competent authorityF55] shall supply—
(a)such information as the [F56competent authorityF56] requires for the purpose of calculating charges payable under these Regulations; and
(b)such evidence as the [F57competent authorityF57] requires to enable [F58the competent authorityF58] to verify information supplied under sub-paragraph (a).
(2) Any person who, without reasonable excuse, fails to comply [F59within 30 daysF59] 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 [F60a competent authorityF60] with false or misleading information for [F61the competent authorityF61] 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.
[F62 (4) These Regulations shall be enforced by—
(a)the Scottish Ministers,
(b)Food Standards Scotland, or
(c)the food authority,
where they are the competent authority.F62]
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
Regulation 3(1)
[[[F10,F11,F12Schedule 1 Residues Surveillance ChargesF12,F11]]
| [F11 Type of creature or animal product | Charge (£) from 1st October 2024 to 31st March 2025 | Charge (£) on or after 1st April 2025 |
| Bovine | 0.7007 per carcase | 0.7617 per carcase |
| Goat | 0.0691 per carcase | 0.0751 per carcase |
| Sheep | 0.0691 per carcase | 0.0751 per carcase |
| Soliped | F13 0.4287 per carcase | 0.4660 per carcase |
| Swine | 0.0676 per carcase | 0.0735 per carcase |
| Game and wild game | 1.0461 per tonne | 1.0461 per tonne |
| Poultry | 0.5917 per tonne | 0.6432 per tonne |
| Eggs | 0.0206 per case of 360 | 0.0206 per case of 360 |
| Milk | 0.0373 per 1000 litres | 0.0405 per 1000 litres |
| Fish other than trout | 2.1660 per tonne of marketed product | 2.3546 per tonne of marketed product |
| Trout | 2.5963 per tonne of fish food | 2.8222 per tonne of fish foodF11,F10]] |
| [F11 Type of creature or animal product | Charge (£) from 1 April 2026 to 31 March 2027 | Charge (£) on or after 1 April 2027 |
|---|---|---|
| Bovine | 0.9964 per carcase | 1.0216 per carcase |
| Goat | 0.0864 per carcase | 0.0886 per carcase |
| Sheep | 0.0864 per carcase | 0.0886 per carcase |
| Soliped | 0.5359 per carcase | 0.5495 per carcase |
| Swine | 0.0845 per carcase | 0.0867 per carcase |
| Game and wild game | 1.0461 per tonne | 1.0461 per tonne |
| Poultry | 0.7397 per tonne | 0.7584 per tonne |
| Eggs | 0.0237 per case of 360 | 0.0243 per case of 360 |
| Milk | 0.0466 per 1000 litres | 0.0478 per 1000 litres |
| Fish other than trout | 2.7078 per tonne of marketed product | 2.7764 per tonne of marketed product |
| Trout | 3.2455 per tonne of fish food | 3.3278 per tonne of fish foodF11] |
| [F12 Type of creature or animal product | Charge (£) from 1st June 2026 to 31st March 2027 | Charge (£) on or after 1st April 2027 |
|---|---|---|
| Bovine | 0.9964 per carcase | 1.0216 per carcase |
| Goat | 0.0864 per carcase | 0.0886 per carcase |
| Sheep | 0.0864 per carcase | 0.0886 per carcase |
| Soliped | 0.5359 per carcase | 0.5495 per carcase |
| Swine | 0.0845 per carcase | 0.0867 per carcase |
| Game and wild game | 1.0461 per tonne | 1.0461 per tonne |
| Poultry | 0.7397 per tonne | 0.7584 per tonne |
| Eggs | 0.0237 per case of 360 | 0.0243 per case of 360 |
| Milk | 0.0466 per 1000 litres | 0.0478 per 1000 litres |
| Fish other than trout | 2.7078 per tonne of marketed product | 2.7764 per tonne of marketed product |
| Trout | 3.2455 per tonne of fish food | 3.3278 per tonne of fish foodF12] |
Regulation 5
SCHEDULE 2 Revocations
| 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 |
1990 c.16. Sections 45 and 48 were amended by Schedule 5 to the Food Standards Act 1999 (c. 28): paragraphs 7, 8 and 20 of that Schedule amended section 45 and paragraphs 7, 8 and 21 amended section 48.
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.
OJ No. L31, 1.2.2002, p. 1.
OJ No. L125, 23.5.1996, p. 10.
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).