Search Legislation

Food (Scotland) Act 2015

Status:

This is the original version (as it was originally enacted).

Enforcement action

23Setting performance standards

(1)For the purpose of carrying out its function under section 3(1)(e), Food Standards Scotland may determine standards of performance for enforcement authorities in enforcing food legislation.

(2)Different standards may be determined in relation to—

(a)different enforcement authorities (or types of enforcement authorities),

(b)different food legislation (or types of food legislation).

(3)Food Standards Scotland may vary or revoke any standards determined under subsection (1).

24Reporting own enforcement activities

(1)Food Standards Scotland must include in each annual report it prepares a report on—

(a)its activities during the financial year to which the report relates in enforcing any food legislation for which it is the enforcement authority, and

(b)its performance in relation to any standards determined under section 23(1) applying to those activities.

(2)In this section, “annual report” means a report prepared under section 15(1).

25Reporting on enforcement action by others

(1)In consequence of the exercise of its function under section 3(1)(e), Food Standards Scotland may make a report to any enforcement authority on the authority’s performance in enforcing any food legislation.

(2)A report under subsection (1) may include guidance as to action which Food Standards Scotland considers—

(a)is necessary to enable the enforcement authority to meet any standards determined under section 23(1) which apply, or

(b)otherwise, would help to improve the performance of the authority.

(3)Food Standards Scotland may direct an authority to which a report has been made under subsection (1)—

(a)to arrange for the publication (in such manner as may be specified) of—

(i)the report, or

(ii)specified information relating to the report, or

(b)to notify Food Standards Scotland (within such period as may be specified) of what action the authority has taken or proposes to take in response to the report.

(4)In subsection (3), “specified” means specified in the direction.

26Power to request information in relation to enforcement action

(1)For the purpose of carrying out its function under section 3(1)(e) in relation to any enforcement authority, Food Standards Scotland may require a person mentioned in subsection (2)––

(a)to provide Food Standards Scotland with any information which it has reasonable cause to believe that the person is able to give, or

(b)to make available to Food Standards Scotland for inspection any information in a recorded form which it has reasonable cause to believe is held by that person or is otherwise within that person’s control (and where such information is in electronic form, to make it available in a legible form).

(2)A requirement under subsection (1) may be imposed on—

(a)the enforcement authority, or any member, officer or employee of the authority, or

(b)a person subject to any duty under food legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person.

(3)Food Standards Scotland may copy any information made available to it in pursuance of a requirement under subsection (1)(b).

27Offences in relation to section 26

(1)A person commits an offence if the person—

(a)fails without reasonable excuse to comply with any requirement imposed under section 26(1), or

(b)in purported compliance with a requirement imposed under section 26(1)—

(i)provides information which the person knows to be false or misleading in a material way, or

(ii)recklessly provides information which is false or misleading in a material way.

(2)A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

28Powers for persons monitoring enforcement action

(1)Any member of staff or other individual may, if authorised to do so by Food Standards Scotland, exercise the powers specified in subsection (2) for the purpose of carrying out the function under section 3(1)(e) in relation to any enforcement authority.

(2)The powers are—

(a)entering any premises mentioned in subsection (3) at any reasonable time in order to inspect the premises or anything which may be on them,

(b)taking samples of any articles or substances on the premises,

(c)inspecting and copying any information in a recorded form on the premises (and where such information is in electronic form, requiring the information to be produced in a legible form in which it may be copied or taken away),

(d)requiring any person present on the premises to provide such facilities or information and such other assistance as the authorised person reasonably requests.

(3)The premises in relation to which the power in subsection (2)(a) may be exercised are—

(a)any premises occupied by the enforcement authority (but see subsection (4)),

(b)any laboratory (or similar premises) at which work related to the enforcement of any food legislation has been carried out for the enforcement authority,

(c)any other premises (other than a dwelling house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.

(4)Subsection (3)(a) does not apply where the enforcement authority is the Scottish Ministers.

(5)An authorisation under subsection (1)—

(a)must be in writing,

(b)may include limitations or conditions (including conditions relating to hygiene precautions to be taken while exercising powers in pursuance of the authorisation).

(6)An authorised person must if so required—

(a)produce the authorisation before exercising a power mentioned in subsection (2),

(b)provide a document identifying any sample taken, or information copied, under any of those powers.

(7)In this section, “authorised person” means a person authorised under subsection (1).

29Offences in relation to section 28

(1)Where subsection (2) applies, an authorised person commits an offence if the person makes use of or discloses to any other person any information obtained while on premises entered in exercise of the power in section 28(2)(a).

(2)This subsection applies if—

(a)the information relates to a trade secret, and

(b)the information is used or the disclosure is made other than in performance of the authorised person’s duty.

(3)A person commits an offence if the person—

(a)intentionally obstructs an authorised person in exercising a power in section 28(2)(a), (b) or (c),

(b)fails without reasonable excuse to comply with any requirement imposed under section 28(2)(d), or

(c)in purported compliance with a requirement imposed under section 28(2)(d)—

(i)provides information which the person knows to be false or misleading in a material way, or

(ii)recklessly provides information which is false or misleading in a material way.

(4)A person who commits an offence under subsection (1) or (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5)In this section, “authorised person” means a person authorised under section 28(1).

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources