TITLE VII

ENFORCEMENT ACTION
CHAPTER I

Actions by the competent authorities and penalties

Penalties
Article 139
1
The appropriate authority may, by regulations, make provision for—
a
penalties applicable to infringements of—
i
this Regulation;
ii
legislation made using the powers included in this Regulation; or
iii
any of the rules referred to in Article 1(2) which are used for the enforcement or implementation of such legislation or this Regulation;
b
civil sanctions in relation to the infringements mentioned in point (a);
c
appeals in respect of the decisions mentioned in Article 7 of this Regulation.
2
The appropriate authority shall ensure that financial penalties for violations of this Regulation and of the rules referred to in Article 1(2), perpetrated through fraudulent or deceptive practices, reflect ... at least either the economic advantage for the operator or, as appropriate, a percentage of the operator's turnover.
3
Regulations under this Article may create offences.
4
Regulations may provide for an offence under the regulations to be triable—
a)
summarily, or
b)
either summarily or on indictment.
5
Regulations may provide for an offence under the regulations that is triable either way to be punishable—
a)
on summary conviction in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b)
on summary conviction in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding the statutory maximum (or both);
c)
on conviction on indictment, with imprisonment for a term not exceeding two years or a fine (or both).
6
Regulations may provide for a summary offence under the regulations to be punishable—
a)
in England and Wales, with imprisonment for a term not exceeding three months or a fine (or both);
b)
in Scotland, with imprisonment for a term not exceeding three months or a fine not exceeding level 5 on the standard scale (or both).
Words in Art. 139(2) omitted (13.12.2022) by virtue of The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(b)
Art. 139(3)-(6) inserted (13.12.2022) by The Animals and Animal Health, Feed and Food, Plants and Plant Health (Amendment) Regulations 2022 (S.I. 2022/1315), regs. 1(1), 9(c)
Words in Art. 139(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 25(2)(b) (with reg. 46)
Art. 139(1) substituted (10.2.2025) by The Official Controls (Amendment) Regulations 2025 (S.I. 2025/102), regs. 1(1)(b), 30