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The Food Hygiene (Scotland) Regulations 2006

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  1. Introductory Text

  2. PART 1 PRELIMINARY

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Presumptions that food is intended for human consumption

    4. 4.Competent authority for the purposes of the Community Regulations

    5. 5.Enforcement

  3. PART 2 MAIN PROVISIONS

    1. 6.Hygiene improvement notices

    2. 7.Hygiene prohibition orders

    3. 8.Hygiene emergency prohibition notices and orders

    4. 9.Remedial action notices and detention notices

    5. 10.Offences due to fault of another person

    6. 11.Defence of due diligence

  4. PART 3 ADMINISTRATION AND ENFORCEMENT

    1. 12.Procurement of samples

    2. 13.Analysis etc. of samples

    3. 14.Powers of entry

    4. 15.Obstruction etc. of officers

    5. 16.Time limit for commencement of prosecutions

    6. 17.Offences and penalties

    7. 18.Offences by bodies corporate

    8. 19.Offences by Scottish partnerships

    9. 20.Right of appeal

    10. 21.Appeal to Court of Session

    11. 22.Appeals against hygiene improvement notices and remedial action notices

    12. 23.Application of section 9 of the Food Safety Act 1990

  5. PART 4 MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS

    1. 24.Power to issue codes of recommended practice

    2. 25.Protection of officers acting in good faith

    3. 26.Revocation and suspension of designations and appointments

    4. 27.Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations

    5. 28.Service of documents

    6. 29.Bulk transport in sea–going vessels of liquid oils or fats and of raw sugar

    7. 30.Temperature control requirements

    8. 31.Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm

    9. 32.Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption

    10. 33.Consequential amendments

    11. 34.Revocations

    12. 35.Savings

  6. Signature

    1. SCHEDULE 1

      Definitions of Community legislation

    2. SCHEDULE 2

      Specified Community provisions

    3. SCHEDULE 3

      Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar

      1. 1.Offence

      2. 2.Liquid oils or fats

      3. 3.The bulk transport in sea-going vessels of liquid oils or...

      4. 4.The captain of a sea-going vessel transporting, in tanks, bulk...

      5. 5.Where the cargo has been trans-shipped, in addition to the...

      6. 6.Upon request, the captain of the vessel shall provide the...

      7. 7.Raw sugar

      8. 8.The receptacles, containers or tankers referred to in paragraph 7...

      9. 9.A food business operator who is responsible for the transport...

      10. 10.The documentary evidence shall accompany the consignment of raw sugar...

      11. 11.On request, a food business operator responsible for the transport...

      12. 12.Raw sugar which has been transported by sea in receptacles,...

      13. 13.In fulfilling the obligations under Article 5(1) of Regulation 852/2004...

      14. 14.Interpretation

    4. SCHEDULE 4

      Temperature control requirements

      1. 1.Scope

      2. 2.Chill and hot holding requirements

      3. 3.Reheating of food

      4. 4.Interpretation

    5. SCHEDULE 5

      Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm

      1. 1.Scope

      2. 2.Offence

      3. 3.Requirements

      4. 4.The producer shall– (a) keep a record in adequate form...

    6. SCHEDULE 6

      Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption

      1. 1.No person shall place on the market raw milk, or...

      2. 2.Any person who contravenes paragraph 1 is guilty of an...

      3. 3.In any proceedings for an offence in respect of a...

    7. SCHEDULE 7

      Consequential amendments

      1. 1.The Colours in Food Regulations 1995

      2. 2.The Animal By-Products (Identification) Regulations 1995

      3. 3.In regulation 2(1) (interpretation)– (a) for the definition of “animal...

      4. 4.In regulation 3(1)(iv) (meaning of “animal by product”) for “in...

      5. 5.In regulation 4(a) (scope) for “in accordance with the Poultry...

      6. 6.In regulation 5(2)(c) (exemptions) for the words “cold store, cutting...

      7. 7.For regulation 6 (staining of animal by-products in cold stores,...

      8. 8.For regulation 8 (freezing of animal by-products in any animal...

      9. 9.In regulation 9 (storage and packaging of animal by-products)–

      10. 10.In regulation 10 (restriction on movement of animal by-products)–

      11. 11.In regulation 12 (enforcement)– (a) in paragraph (a), for “in...

      12. 12.The Food Labelling Regulations 1996

      13. 13.In regulation 2 (interpretation), omit the definition of “raw milk”....

      14. 14.In each of regulations 23(2)(b) (food which is not prepacked...

      15. 15.Omit regulation 31 (raw milk).

      16. 16.In regulation 37 (milk)– (a) in paragraph (1), omit “Subject...

      17. 17.In regulation 39 (field of vision), omit paragraph (d).

      18. 18.In Schedule 3 (generic names in list of ingredients), Part...

      19. 19.The Products of Animal Origin (Import and Export) Regulations 1996

      20. 20.The Specified Risk Material Order 1997

      21. 21.In article 2(1) (interpretation) after the definition of “specified solid...

      22. 22.In Schedule 1 (foods and feeding stuffs requiring import certificates)–...

      23. 23.The Beef Bones (Scotland) Regulations 1999

      24. 24.In regulation 2(1) (interpretation)– (a) after the definition of “carcase”,...

      25. 25.In regulation 10 (enforcement)– (a) for paragraph (1) substitute–

      26. 26.Amendments to the Cattle Identification Regulations 1998

      27. 27.In regulation 2(1), for the definition of “official veterinary surgeon”...

      28. 28.In regulation 2(1) after the definition of “official veterinary surgeon”...

      29. 29.In regulation 2(1), in the definition of “licensed slaughterhouse”, for...

      30. 30.The Bovine and Bovine Products (Trade) Regulations 1999

      31. 31.In regulation 10(3) for sub-paragraph (a) substitute “(a) the establishment...

      32. 32.In regulation 10(3)(b) for “in the OVS room (as defined...

      33. 33.In regulation 10 after paragraph 6 insert–

      34. 34.In regulation 11(2)(a) for “the Fresh Meat (Hygiene and Inspection)...

      35. 35.The TSE (Scotland) Regulations 2002

      36. 36.In regulation 3(1) (interpretation)– (a) after the definition of “The...

      37. 37.In regulation 43(1)(c), for “the Fresh Meat (Hygiene and Inspection)...

      38. 38.In regulation 55(4)(a) (licensing of premises), for “cutting premises” substitute...

      39. 39.In regulations 4(3), 10A(1) and (3), 41(3)(a) and (c) and...

      40. 40.For regulation 49 (mechanically recovered meat) substitute– Mechanically separated meat...

      41. 41.In regulations 81(1), 88(2) and 89(1), for “premises licensed under...

      42. 42.In regulation 99 (enforcement), for paragraph (1) substitute–

      43. 43.The Condensed Milk and Dried Milk (Scotland) Regulations 2003 (2003/311)

      44. 44.The Animal By-Products (Scotland) Regulations 2003

      45. 45.The Eggs (Marketing Standards) (Enforcement) Scotland Regulations 2005

      46. 46.The Official Feed and Food Control (Scotland) Regulations 2005

      47. 47.In regulation 2(1), for “and “Regulation 1688/2005”” substitute “, “Regulation...

      48. 48.In regulation 15, for “the staff” substitute “a member of...

      49. 49.In regulation 43(2)(a), for “a 7 days” substitute “a date...

      50. 50.In regulations 4(5) and (6) and 13(7), Schedule 2, paragraph...

      51. 51.For the definitions contained in Schedule 1, substitute– “Directive 2004/41”...

    8. SCHEDULE 8

      Revocations

  7. Explanatory Note

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