The Beef and Veal Labelling (Scotland) Regulations 2008

Citation and commencement

1.  These Regulations may be cited as the Beef and Veal Labelling (Scotland) Regulations 2008 and come into force on 25th January 2009.

Extent

2.  These Regulations extend to Scotland only.

Interpretation

3.—(1) In these Regulations–

“authorised officer” means any person (whether or not an officer of the Scottish Ministers or of a local authority) who is authorised for the purposes of these Regulations by the Scottish Ministers or a local authority;

“Commission Regulation 1141/97” means Commission Regulation (EC) No. 1141/97(1) laying down detailed rules for the application of Council Regulation (EC) No. 820/97(2) as regards the labelling of beef and beef products as amended by Commission Regulations (EC) Nos. 2406/97(3) and 824/98(4);

“Commission Regulation 1825/2000” means Commission Regulation (EC) No. 1825/2000(5) laying down detailed rules for the application of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, as amended by Commission Regulation (EC) 275/2007(6);

“Council Regulation 1234/2007” means Council Regulation (EC) No. 1234/2007(7) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products, as amended by Council Regulations (EC) Nos. 247/2008(8), 248/2008(9), 361/2008(10) and 470/2008(11);

“Commission Regulation 566/2008” means Commission Regulation (EC) No. 566/2008(12) laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less;

“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(13); and

“Regulation 1760/2000” means Regulation (EC) No. 1760/2000(14) of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC) No. 820/97, as amended by Council Regulation (EC) No. 1791/2006(15).

(2) Any reference in these Regulations to a Community instrument is a reference to that instrument as amended from time to time.

Authorities responsible for enforcement

4.—(1) The Scottish Ministers shall be the competent authority for the purposes of–

(a) Commission Regulation 1141/97;

(b) Title II of Regulation 1760/2000 (labelling of beef and beef products);

(c) Commission Regulation 1825/2000;

(d) Article 113b of, and Annex XIa to, Council Regulation 1234/2007 (marketing of the meat of bovine animals aged 12 months or less); and

(e) Commission Regulation 566/2008.

(2) These Regulations shall be enforced by–

(a) the Scottish Ministers, for the purposes of ascertaining whether there is or has been any contravention of these Regulations in slaughterhouses, cutting plants or wholesalers; and

(b) local authorities, for the purposes of ascertaining whether there is or has been any contravention of these Regulations in places other than in slaughterhouses, cutting plants or wholesalers.

Enforcement of marketing and labelling requirements

5.—(1) Any person engaged in the marketing of beef or veal who fails to comply with any provision listed in Schedule 1 to these Regulations (Community marketing and labelling provisions) is guilty of an offence.

(2) Where beef or veal has been labelled and marketed in a manner that does not comply with these Regulations, an authorised officer may serve a notice on the person in possession of the beef or veal requiring its removal from sale until the label is removed or until it is re-labelled in accordance with these Regulations.

(3) A notice under paragraph (2) may authorise the beef or veal to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation 1760/2000 (definition of “beef”).

(4) Any person who fails to comply with a notice under paragraph (2) is guilty of an offence.

(5) In paragraph (1) “marketing” includes the supply of beef or veal, otherwise than on sale, in the course of a business.

Powers of authorised officers

6.—(1) The Scottish Ministers or a local authority may appoint any individual to be an authorised officer for the purposes of these Regulations.

(2) Schedule 2 (powers of authorised officers) has effect.

Offences by bodies corporate

7.—(1) A person is guilty of an offence if conditions A and B are met.

(2) Condition A is met if an offence under these Regulations is committed by–

(a) a body corporate; or

(b) a Scottish partnership.

(3) Condition B is met if it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of–

(a) a relevant person; or

(b) a person purporting to act in the capacity of a relevant person.

(4) In paragraph (3), “relevant person” means–

(a) in relation to a body corporate–

(i) a director, manager, secretary or other similar officer of the body;

(ii) where the affairs of the body are managed by its members, a member; and

(b) in relation to a Scottish partnership, a partner.

(5) Where paragraph (1) applies, that person as well as the body corporate or partnership (as the case may be) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(6) Where the affairs of a body corporate are managed by its members, the provisions of this regulation apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

Defence of due diligence

8.—(1) In any proceedings for an offence under these Regulations, it is a defence for the person charged (in this Regulation, “the person”) to prove that all due diligence was exercised to avoid the commission of the offence.

(2) Paragraph (3) applies if the defence provided by paragraph (1) above involves the allegation that the commission of the offence was due to the act or omission of another person (in this Regulation, “the other person”).

(3) Where this paragraph applies, the person is not entitled to rely on the defence provided by paragraph (1) unless the person has–

(a) leave of the court; or

(b) served on the prosecutor written notice giving information identifying, or which assists in identifying, the other person.

(4) The notice referred to in paragraph (3)(b) must only give information in the possession of the person at the time the person was charged.

(5) The notice in paragraph (3)(b) must be served–

(a) at least seven clear days before the hearing; or

(b) where the person has previously appeared before a court in connection with the alleged offence, within one month of that first appearance.

(6) In paragraph (5)(b), the reference to appearing before a court includes a reference to being brought before a court.

Penalties

9.—(1) A person guilty of an offence under these Regulations (other than under paragraph 4 of Schedule 2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) A person guilty of an offence under paragraph 4 of Schedule 2 to these Regulations (obstruction of authorised officers) is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.

Revocation

10.  The Beef Labelling (Enforcement) (Scotland) Regulations 2001(16) are revoked.

RICHARD LOCHHEAD

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

16th December 2008