United Kingdom Statutory Instruments

(a) any animal other than wild game, is the operator of the business slaughtering the animal for sale or supply for human consumption;

(b) wild game, is the operator of the business preparing the carcase of the wild game for sale or supply for human consumption;

(c) fish, is the operator of the business producing the fish;

(d) milk, is the operator of the dairy collecting the milk, or, in the case of milk that is not collected in a dairy before being sold or supplied for human consumption, its producer; and

(e) eggs, subject to paragraph (6), is the operator of the business packing the eggs.

    (3) Where any person referred to in sub-paragraph (a), (b), (d) or (e) of paragraph (2) 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 the person on whose behalf he slaughtered the animal, prepared the wild game, collected or produced the milk or packed the eggs (as the case may be) in respect of which he made payment.

    (4) Where the charge under regulation 3(1) concerns the inspection and control of eggs, the Secretary of State may enter into an agreement with an organisation providing for the organisation to make payments to her in accordance with paragraph (6), if she reasonably considers that the organisation is supported by persons falling within paragraph (2)(e).

    (5) If the Secretary of State enters into an agreement pursuant to paragraph (4), she shall, before the date on which the agreement comes into effect, publicise—

(a) the fact of having done so;

(b) its duration; and

(c) if not of a fixed term, the way in which she will notify its termination,

in a manner she considers suitable for informing persons concerned in the egg trade.

    (6) While an agreement under paragraph (4) has effect, paragraph (2)(e) shall not apply, and the organisation shall pay the Secretary of State the total cost of her inspections and controls on eggs.

    (7) Where paragraph (6) applies—

(a) the Secretary of State shall demand payment in writing specifying the period to which the demand relates; and

(b) in any proceedings for recovery brought by the Secretary of State a certificate made by her stating the amount recoverable shall be evidence of the amount in question.

    (8) The Secretary of State and any manufacturer of feed for sale to or for use by the operator of any business producing brown trout or rainbow trout may enter into an agreement providing that the charge payable by that operator under paragraph (2)(c) is to be paid to that manufacturer as agent for the Secretary of State.".