19
Rejected
Require Defra to implement a plan for fining and prosecuting repeat animal product smugglers.
Recommendation
Defra must deliver a plan to immediately start fining and prosecuting repeat offenders and those who are attempting to smuggle significant amounts of animal products. (Recommendation, Paragraph 46) The Port of Dover
Government Response Summary
The government rejects the recommendation for a Defra-led plan to fine and prosecute offenders, stating that enforcement powers do not sit with Defra. They encourage enforcement authorities to use existing sanctions and will work with relevant agencies to consider options to enhance enforcement at the Short Straits.
Government Response
Rejected
Government Response
Rejected
HM Government
Rejected
Defra encourages enforcement authorities to utilise the current suite of sanctions available for repeat offenders and egregious breaches, as far as it is practicable to do so. Border Force has discretionary powers under the Customs and Excise Management Act 1979 and can refer cases to the National Crime Agency. The Trade in Animals and Related Products Regulations (2011) provides powers for local and public health authorities to recover their costs of official control activities and to prosecute offences. Fining is a matter for the courts and the Trade in Animals and Related Products Regulations (2011) offers the possibility of unlimited fines on summary conviction. Additionally, the Animals (Penalty Notices) (England) Regulations (2023) provide those enforcing the Trade in Animals and Related Products Regulations 2011 with powers to impose penalty notices up to £5000 in lieu of prosecution, with a 28-day payment window. Defra has issued statutory guidance on the use of penalty notices at www.gov.uk/ government/publications/penalty-notices-for-animal-health-and- welfare-offences/statutory-guidance-on-the-use-of-penalty-notices-for-animal- health- and-welfare-offences. In addition to the above, we have in the past, and will continue to, work with the EU to attempt to support them to act on any evidence that emerges of frequent non- compliance. For example, following analysis of DPHA data, the Food Standards Agency identified vehicles involved in breaching both EU trade rules and GB import rules on multiple occasions in respect of meat. Defra shared this intelligence with the European Commission, which transmitted the information to relevant national food fraud contacts for investigation and confirmed to UK authorities that action had been taken as a result. The relevant powers of enforcement do not sit with Defra. As such, the Government does not agree that a Defra-led plan for fining and prosecution of repeat offenders would be a suitable solution to the issue identified. As set out in response to previous recommendations though, we intend to focus initial work on a new strategic approach to tackling the issue of illegal meat imports at the Short Straits. We will work with DPHA, Border Force and other relevant agencies as part of this to consider options to enhance enforcement.
Source
Inquiry
Animal and plant health
Report
3rd report - Biosecurity at the border: Britain's illegal meat crisis
08 Sep 2025
HC 1296
Timeline
Recommendation age
0.7 yr
Report published
08 Sep 2025