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The Official Feed and Food Controls (Scotland) Regulations 2005

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Appointment of authorised officers

  3. PART 2 MAIN PROVISIONS

    1. 4.Competent authorities

    2. 5.Exchanging and providing information

    3. 6.Obtaining information

    4. 7.Power to issue codes of recommended practice

    5. 8.Monitoring of enforcement action

    6. 9.Power to request information relating to enforcement action

    7. 10.Power of entry for persons monitoring enforcement action

    8. 11.Meaning of “enforcement authority” and related expressions

    9. 12.Offences relating to regulations 9 and 10

    10. 13.Right of appeal

    11. 14.Appeal to Court of Session against dismissal of appeal under regulation 13(1)

    12. 15.Staff of competent authority of another member State

    13. 16.Commission experts

    14. 17.Prohibition on disclosure of trade secrets

    15. 18.Execution and enforcement

    16. 19.Powers of entry

    17. 20.Obstruction etc. of officers

    18. 21.Penalties

    19. 22.Time limit for commencement of prosecutions

  4. PART 3 OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES

    1. 23.Interpretation of this Part of these Regulations

    2. 24.Feed enforcement responsibilities

    3. 25.Food enforcement responsibilities

    4. 26.Deferred execution and enforcement

    5. 27.Prohibition on introduction of certain feed and food

    6. 28.Checks on products

    7. 29.Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs

    8. 30.Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries)

    9. 31.Right of appeal in respect of notices served under regulation 30

    10. 32.Appeal to Court of Session against dismissal of appeal under regulation 31

    11. 33.Serious risk to animal or public health

    12. 34.Liability for charges

    13. 35.Procurement by authorised officers of samples with regard to food

    14. 36.Analysis etc. of samples

    15. 37.Powers of entry of authorised officers of a food authority

    16. 38.Obstruction etc. of officers (imports)

    17. 39.Offences and penalties

    18. 40.Time limit for commencement of prosecutions (imports)

  5. PART 4 AMENDMENT OF THE GENERAL FOOD REGULATIONS 2004

    1. 41.Amendment of the General Food Regulations 2004

  6. PART 5 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

    1. 42.Offences due to fault of another person

    2. 43.Defence of due diligence

    3. 44.Offences by bodies corporate

    4. 45.Offences by Scottish partnerships

    5. 46.Protection of officers acting in good faith

    6. 47.Service of documents

    7. 48.Consequential amendment

    8. 49.Revocations

  7. Signature

  8. SCHEDULES

    1. SCHEDULE 1

      DEFINITIONS OF COMMUNITY LEGISLATION

      1. “ Directive 2004/41 ” means Directive 2004/41/EC of the European...

      2. “Regulation 999/2001” means Regulation ( EC ) No 999/2001 of...

      3. “ Regulation 178/2002 ” means Regulation (EC) No. 178/2002 of...

      4. “ Regulation 1642/2003 ” means Regulation (EC) No. 1642/2003 of...

      5. “ Regulation 852/2004 ” means Regulation (EC) No. 852/2004 of...

      6. “ Regulation 853/2004 ” means Regulation (EC) No. 853/2004 of...

      7. “ Regulation 882/2004 ” means Regulation (EC) No. 882/2004 of...

      8. “ Regulation 1688/2005 ” means Commission Regulation (EC) No. 1688/2005...

      9. “ Regulation 2073/2005 ” means Commission Regulation (EC) No. 2073/2005...

      10. “ Regulation 2074/2005 ” means Commission Regulation (EC) No. 2074/2005...

      11. “ Regulation 2076/2005 ” means Commission Regulation (EC) No. 2076/2005...

    2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

      1. “relevant feed law” means– (a) Part IV of the Agriculture...

    3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

      1. “relevant food law” means– (a) food law in so far...

    4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

    5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

    6. SCHEDULE 6

      REVOCATIONS

  9. Explanatory Note

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