http://www.legislation.gov.uk/id/ssi/2005/606

http://www.legislation.gov.uk/ssi/2005/606/regulation/5/made

The Contaminants in Food (Scotland) Regulations 2005

Food standards

Food legislation

Legislation

King's Printer for Scotland

2017-01-17

FOOD

These Regulations, which extend to Scotland only, revoke and re-enact with changes the Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525) as amended. The Regulations–make provision for the execution and enforcement of Commission Regulation (EC) No. 466/2001 setting maximum levels for contaminants in foodstuffs (O.J. No. L 77, 16.3.01, p.1, as corrected and amended) (“the Commission Regulation”);implement the following Commission Directives–Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (O.J. No. L 201, 17.7.98, p.93, as amended);Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3 MCPD in foodstuffs (O.J. No. L 77, 16.3.01, p.14, as corrected and amended);Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of levels of ochratoxin A in foodstuffs (O.J. No. L 75, 16.3.02, p.38, as amended);Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin like PCBs in foodstuffs (O.J. No. L 209, 6.8.02, p.5, as corrected and amended);Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs (O.J. No. L 203, 12.8.03, p.40);Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods (O.J. No. L 42, 13.2.04, p.16); andCommission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a)pyrene in foodstuffs (O.J. No. L 34, 8.2.05, p.15);subject to transitional provisions, provide that it is an offence to–place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and fresh spinach);use food containing such contaminants at such levels as ingredients in the production of certain foods;mix foods which do not comply with the maximum levels referred to above with foods which do;mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption; ordetoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3);specify the enforcement authorities (regulation 4);prescribe requirements in relation to the methods of sampling and the analysis of samples of foods subject to the Commission Regulation (regulation 5);provide for the application of specified provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 6); andmake consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 10), the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community provisions implemented in these Regulations.

The Contaminants in Food (Scotland) Regulations 2005

The Contaminants in Food (Scotland) Regulations 2006

reg 7

Procurement and analysis of samples5

1

Where a sample is to be taken under section 29(b) or (d) of the Act of a food specified in Annex I to the Commission Regulation, that sample shall be taken in accordance with the methods of taking samples described or referred to–

aNitrate

(subject to the requirement specified in column 3 of section 1 of Annex I to the Commission Regulation40), in the Annex to Commission Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EC41, where the food concerned is of a description specified in Section 1 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

bAflatoxins

in Annex I to Directive 98/53/EC, where the food concerned is of a description specified in section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

cOchratoxin A

in Annex I to Directive 2002/26/EC, where the food concerned is of a description specified in section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

dPatulin

in Annex I to Directive 2003/78/EC, where the food concerned is of a description specified in section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

eLead, cadmium, mercury and 3-MCPD

in Annex I to Directive 2001/22/EC, where the food concerned is of a description specified in section 3 or 4 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

fDioxins and dioxin-like PCBs

in Annex I to Directive 2002/69/EC, where the food concerned is of a description specified in section 5 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;

gTin

in Annex I to Directive 2004/16/EC, where the food concerned is of a description specified in section 6 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation; and

hBenzo(a)pyrene

in Annex I to Directive 2005/10/EC, where the food concerned is of a description specified in section 7 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation.