HL Deb 23 March 1998 vol 587 cc223-4WA
Baroness Anelay of St. Johns

asked Her Majesty's Government:

Further to the Written Answer by the Lord Donoughue on 9 March (WA 12), whether the supplier of bovine bones should use the civil or criminal burden of proof when determining whether he or she is satisfied that the bones are being obtained for pets and not human consumption. [HL1011]

The Parliamentary Secretary, Ministry of Agriculture, Fisheries and Food (Lord Donoughue)

Where a person was charged under the Beef Bones Regulations 1997 with the offence of supplying a beef bone for human consumption rather than for a pet, it would be for the prosecution to prove beyond all reasonable doubt that the offence had been committed. Butchers shops are not courts, and the regulations provide for the due diligence defence set out in the Section 21(I) of the Food Safety Act 1990 to be applied.