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The Food Hygiene (Scotland) Regulations 2005

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5.—(1) In respect of any food business operator to whose operations Regulation 852/2004 applies but Regulation 853/2004 does not apply–

(a)the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 other than the associated operations described in sub paragraphs (a) and (c) of that paragraph in so far as they concern wild game; and

(b)subject to paragraph (5), the food authority in whose area the food business operator carries out its operations shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations which are not enforced and executed by the Agency pursuant to sub paragraph (a).

(2) In respect of any food business operator to whose operations both Regulation 852/2004 and Regulation 853/2004 apply–

(a)the Agency shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to the following establishments and activities:

(i)slaughterhouses;

(ii)game handling establishments;

(iii)cutting plants placing fresh meat on the market; and

(iv)activities in respect of eggs to which Chapter I of Section X of Annex III to Regulation 853/2004 applies; and

(b)subject to paragraph (5), the food authority in whose area the food business operator carries out its operations shall enforce and execute the Hygiene Regulations in so far as the operator concerned is carrying out operations in relation to any establishment or activity that is not specified in sub paragraph (a).

(3) Subject to paragraph (5), in respect of–

(a)collection centres and tanneries supplying raw material for the production of gelatine intended for human consumption pursuant to paragraph 5 of Chapter I of Section XIV of Annex III to Regulation 853/2004; and

(b)collection centres and tanneries supplying raw material for the production of collagen intended for human consumption pursuant to paragraph 5 of Chapter I of Section XV of Annex III to Regulation 853/2004,

the food authority in whose area the collection centre or tannery concerned is situated shall enforce and execute the Hygiene Regulations.

(4) Each food authority shall enforce and execute these Regulations in its area in relation to the matters regulated by Schedules 3 to 6.

(5) The Agency may, if it considers it appropriate to do so, enforce and execute–

(a)the Hygiene Regulations in relation to any of the establishments, activities, operations or matters referred to in paragraphs (1)(b), (2)(b) and (3)(a) and (b); and

(b)these Regulations in relation to the matters regulated by Schedules 3 to 6.

(6) Before exercising its option to enforce and execute the Hygiene Regulations or these Regulations under paragraph (5), the Agency shall consult the enforcement authority which would otherwise have a duty to carry out such enforcement and execution.

(7) The Agency and any food authority may in writing appoint as authorised officers, either generally or specially, such persons (whether or not officers of the Agency or the authority) as it considers necessary to act in matters arising under the Hygiene Regulations.

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