The Meat (Official Controls Charges) (Scotland) Regulations 2009

[F1 SCHEDULE 1 S DEFINITIONS OF F2 ... LEGISLATION

Textual Amendments

F1 Sch. 1 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), reg. 1, Sch. 3

F2 Word in sch. 1 heading omitted (31.12.2020) by virtue of The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 2(2)

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC,

“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety,

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as read with Regulation 2073/2005,

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, and Regulation 2017/185,

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs,

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs,

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004,

“Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat,

“Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council,

“Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185,

“Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185,

“Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls as read with Directive 2004/41, Regulation 2074/2005, 2015/1375 and Regulation 2017/185.]

Regulation 2(1)

SCHEDULE 2 S CALCULATION OF THE OFFICIAL CONTROLS CHARGE

The official controls charge S

1.—(1) The official controls charge payable by the operator of any premises for any accounting period shall be the sum that is equal to such percentage of the time costs generated by those premises in that period as the Agency considers appropriate and the Agency may determine different percentages for different premises or different types of premises.

(2) The Agency may vary any percentage determined pursuant to sub�??paragraph (1) where it appears to the Agency to be appropriate to do so.

2.  In calculating the official controls charge, the Agency shall comply with [F3 Article 82 of Regulation 2017/625]. S

Textual Amendments

F3 Words in Sch. 2 para. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 6(4)(a)

Declarations by operators S

3.  The operator of any premises shall, on demand being made by the Agency, declare the working hours and working practices to be undertaken by the operator at the premises.

Agreements between the Agency and operators concerning the performance of official controls other than audit S

4.—(1) The Agency and the operator of any premises shall—

(a) make all reasonable efforts to agree the number of inspectors required for the purpose of carrying out controls other than audit at the premises and the number of hours required daily for that purpose; and

(b) keep the matters agreed under sub-paragraph (a) under review.

(2) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any matters agreed pursuant to sub�??paragraph (1)(a).

(3) Where any matters agreed pursuant to sub-paragraph (1)(a) have been varied pursuant to sub-paragraph (2) they shall be treated as having been agreed pursuant to sub-paragraph (1)(a).

5.—(1) Where the Agency and the operator fail to agree as to a matter specified in sub�??paragraph (1)(a) of paragraph 4, the Agency shall determine the matter and shall notify the operator of that determination. S

(2) An operator who does not agree with a determination made by the Agency pursuant to sub�??paragraph (1) may, within 3 weeks of the Agency giving notification to that operator under that sub�??paragraph, request that the determination be reviewed by the Agency.

(3) Where an operator makes a request under sub-paragraph (2) and pays to the Agency the sum of £250 by way of contribution to the costs incurred by the Agency in connection with the review, the Agency shall review the determination concerned and notify the operator of its decision.

(4) Where, pursuant to sub�??paragraph (3), the Agency decides that a determination made by it pursuant to sub�??paragraph (1) was incorrect, it shall refund to the operator the payment made by that person in accordance with sub�??paragraph (3).

(5) Where—

(a) following a review conducted pursuant to sub�??paragraph (3), the Agency decides that its determination was correct; and

(b) the operator has complied with the most recent demand made by the Agency pursuant to paragraph 3,

the operator may request that the matter that is the subject of that decision be determined by a person nominated for the purpose pursuant to sub-paragraph (7)(a).

(6) A request under sub-paragraph (5) shall be made within 1 week of the Agency giving notification to the operator under sub-paragraph (3).

(7) Where an operator makes a request under sub�??paragraph (5)—

(a) the Agency shall nominate a person to determine the matter from the list established under sub�??paragraph (8); and

(b) within 1 month of being nominated, the person so nominated—

(i) shall give the operator and the Agency an opportunity to make representations on the matter to be determined,

(ii) shall determine the matter concerned,

(iii) may make such order as to the costs incurred by the operator and the Agency as the person considers appropriate, and

(iv) shall notify the operator and the Agency of the determination and of any such order.

(8) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

(9) Where, pursuant to sub�??paragraph (7)(b)(ii), the person nominated determines that the decision made by the Agency pursuant to sub�??paragraph (3) was incorrect, the Agency shall refund to the operator the payment made by the operator in accordance with sub�??paragraph (3).

6.  Nothing in paragraph 4 or 5 shall restrict the Agency in the performance of such controls as it considers necessary in order to ensure that the objectives [F4 of Regulation 2017/625] are achieved and that the obligation specified in [F5 Article 9(1)] of that Regulation is fulfilled. S

Textual Amendments

F4 Words in Sch. 2 para. 6 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 6(4)(b)(i)

F5 Words in Sch. 2 para. 6 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 6(4)(b)(ii)

Time costs S

7.  The time costs generated by any premises in any accounting period shall (subject to paragraphs 8 and 9) be calculated by—

(a) multiplying the time (expressed in hours and fractions of an hour) spent by each inspector exercising controls at those premises in the period by the hourly rate applicable to that inspector determined in accordance with paragraph 10 or varied in accordance with paragraph 12; and

(b) adding the results together.

8.  The time costs in respect of any controls shall include any overtime payments or allowances made to the inspector concerned under any contract of employment or contract for services for exercising those controls. S

9.—(1) In determining the total time spent in exercising controls, any time spent by an inspector in travelling to or from premises at which the inspector exercises controls and for which the inspector is paid under a contract of employment or contract for services may be counted as if it were time when the inspector was exercising controls. S

(2) In determining the total time spent in exercising controls, any time spent by an inspector—

(a) at any premises to which the inspector has gone for the purpose of exercising controls and for which the inspector is paid under a contract of employment or contract for services (regardless of whether or not the inspector is able to exercise controls there); and

(b) at any other place—

(i) when the inspector is available for exercising controls but is not in fact exercising any controls, and

(ii) for which the inspector is paid under the inspector's contract of employment or contract for services,

shall be counted as if it were time when the inspector was exercising controls.

10.  The Agency shall determine the hourly rate applicable to inspectors, and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of exercising controls by different inspectors or classes of inspector. S

11.  The hourly rate for any inspector or class of inspector shall be calculated so as to reflect such proportion of the costs of the items listed in [F6 Article 81 of Regulation 2017/625] incurred by that inspector or class of inspector in exercising controls (excluding any payments or allowances taken into account pursuant to paragraph 8) as the Agency considers it appropriate to apportion to that hourly rate. S

Textual Amendments

F6 Words in Sch. 2 para. 11 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 6(4)(c)

12.  The Agency may vary any rate determined pursuant to paragraph 10 where, having regard to variations in the costs referred to in paragraph 11, it appears to it to be necessary to do so. S