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The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 and come into force on 11th July 2018.

(2) In these Regulations the “2010 Regulations” means the Beef and Pig Carcase Classification (Scotland) Regulations 2010(1).

Amendment of the 2010 Regulations

2.  The 2010 Regulations are amended in accordance with regulations 3 to 22.

Amendment of regulation 2

3.  In regulation 2 (interpretation)—

(a)in paragraph (1)—

(i)in the definition of “adult bovine animal”, for “the live weight of which is more than 300 kilograms” substitute “aged eight months or more”;

(ii)after the definition of “clean pig” insert—

“Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig, and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time(2);;

(iii)for the definition “Commission Regulation” substitute—

“Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time(3);;

(iv)for the definition of “Council Regulation” substitute—

“Council Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to  time(4);;

(v)after the definition of “pig carcase” omit “and”;

(vi)in the definition of “prescribed communication”, for “Article 7(1) of the Commission Regulation.” substitute “Article 1(1) of the Commission Implementing Regulation (communication of classification results); and”; and

(vii)after the definition of “prescribed communication” insert—

“qualified personnel” means persons who are using a grading technique provided for in Article 11 of the Commission Delegated Regulation and who are proficient in the use of that grading technique.; and

(b)in paragraph (2) for “Commission Regulation” substitute “Commission Delegated Regulation, the Commission Implementing Regulation”.

Amendment of regulation 5

4.  In regulation 5 (application of the 2010 Regulations to small-small scale bovine operators), in paragraph (4), for “not more than 75” substitute “less than 150”.

Amendment of regulation 6

5.  In regulation 6 (competent authority etc.: bovine carcases)—

(a)in paragraph (1)—

(i)after “competent authority” insert “, in relation to adult bovine animals,”;

(ii)before sub-paragraph (a) insert—

(za)Article 4(1) of the Commission Implementing Regulation (reports);;

(iii)for sub-paragraph (a) substitute—

(a)Article 10 of the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases);;

(iv)for sub-paragraph (b) substitute—

(b)Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);;

(v)for sub-paragraph (c) substitute—

(c)Articles 13 and 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and; and

(vi)after sub-paragraph (c) insert—

(d)Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).; and

(b)in paragraph (2), for “as described in Article 11 of the Commission Regulation” substitute “, in relation to adult bovine animals, as described in Articles 2 and 3 of the Commission Implementing Regulation”.

Amendment of regulation 7

6.  For regulation 7 (labelling instead of marking) substitute—

Marking

7.  Bovine carcases need not be marked in accordance with Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation if all such carcases are cut, as a continuous operation, in a cutting plant approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council(5), and attached to the slaughterhouse where the classification is carried out..

Amendment of regulation 8

7.  In regulation 8 (licence to carry out classification), in paragraph (3)(b), for “Article 12(2) of the Commission Regulation (incorrect classifications or identifications)” substitute “Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)”.

Amendment of regulation 9

8.  In regulation 9 (licence for automated grading)—

(a)in paragraph (1) for “equipment” substitute “methods”;

(b)in paragraph (3)(b) for “Article 12(2) of the Commission Regulation (incorrect classifications or identifications)” substitute “Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)”; and

(c)in paragraph (3)(d)—

(i)for “automated grading equipment” substitute “automated grading method”;

(ii)for “Article 9 of, and Annex II to, the Commission Regulation” substitute “, in relation to bovine carcases, Article 10 of, and Annex IV to, the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases)”; and

(iii)for “the equipment”, in each place where it occurs, substitute “the automated grading method”.

Amendment of regulation 13

9.  In regulation 13 (exemption for small-scale pig operators), in paragraph (1), for “not more than 200” substitute “less than 500”.

Amendment of regulation 14

10.  For regulation 14 (competent authority etc.: pig carcases) substitute—

Competent authority etc: pig carcases

14.(1) The Scottish Ministers are the competent authority, in relation to pigs, for the purposes of—

(a)Article 4(1) of the Commission Implementing Regulation (reports);

(b)Article 7(4) of the Commission Delegated Regulation (classification and weighing);

(c)Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);

(d)Article 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and

(e)Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).

(2) The Scottish Ministers are responsible for on-the-spot checks, in relation to pigs, as described in Articles 2 and 3 of the Commission Implementing Regulation..

Amendment of regulation 15

11.  For regulation 15 (records instead of marking) substitute—

Marking

15.  Pig carcases need not be marked in accordance with Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation if an official record is drawn up and comprises for each carcase at least—

(a)the individual identification of the carcase by any unalterable means;

(b)the warm weight of the carcase; and

(c)the result of the classification..

Amendment of regulation 18

12.  In regulation 18 (powers of authorised officers), in paragraph (b), for “Commission Regulation” substitute “Commission Delegated Regulation and the Commission Implementing Regulation”.

Amendment of regulation 19

13.  For regulation 19 (offences: European beef provisions) substitute—

Offences: European beef provisions

19.  Subject to regulation 7 (marking), any person who, in relation a bovine carcase—

(a)fails to comply with any requirement under a European beef provision; or

(b)contravenes any prohibition contained in a European beef provision,

commits an offence..

Amendment of regulations 20 and 21

14.  In regulations 20 (offences: European pig provisions) and 21 (offences: notifications by operators), in each place where it occurs, for “is guilty of” substitute “commits”.

Amendment of regulation 22

15.  In regulation 22 (offences: licences (bovine carcases))—

(a)in paragraph (1) for “the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence” substitute “both the person who carries out the classification and the operator of that slaughterhouse commit an offence”;

(b)in paragraph (2)—

(i)for “automated grading equipment” substitute “automated grading methods”;

(ii)in sub-paragraph (a) for “equipment” substitute “method”; and

(iii)for “the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence” substitute “both the person who carries out the classification and the operator of that slaughterhouse commit an offence”;

(c)in paragraph (3) for “is guilty of” substitute “commits”; and

(d)after regulation 22 insert—

Offences: authorised grading methods (pig carcases)

22A.  If classification of a pig carcase is carried out at an approved slaughterhouse—

(a)without using an authorised grading method provided for in Article 11 of the Commission Delegated Regulation; or

(b)without the operation of grading techniques, provided for in Article 11, by qualified personnel,

both the person who carries out the classification and the operator of that slaughterhouse commit an offence..

Amendment of regulation 23

16.  In regulation 23 (offences: records and marks)—

(a)in paragraph (1) for “is guilty of” substitute “commits”;

(b)for paragraph (2) substitute—

(2) Any person who marks a bovine carcase, or part of such a carcase—

(a)as prescribed by Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation; or

(b)in a way closely resembling the marking prescribed by Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation,

which is likely to mislead, commits an offence.; and

(c)after paragraph (2) insert—

(3) Any person who marks a pig carcase, or part of such a carcase—

(a)as prescribed by Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation; or

(b)in a way closely resembling the marking prescribed by Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation,

which is likely to mislead, commits an offence..

Amendment of regulation 24

17.  In regulation 24 (offences: obstruction etc.) for “is guilty of” substitute “commits”.

Amendment of regulation 25

18.  In regulation 25 (period for bringing prosecution), in paragraph (1), after “22,” insert “22A,”.

Amendment of regulation 26

19.  In regulation 26 (offences by bodies corporate), in paragraph (1)(b), for “is guilty of” substitute “commits”.

Amendment of regulation 28

20.  In regulation 28 (offences: punishment)—

(a)in paragraph (1)—

(i)for “guilty of” substitute “who commits”; and

(ii)after sub-paragraph (d) insert—

(da)regulation 22A (offences: authorised grading methods (pig carcases));; and

(b)in paragraph (2)—

(i)for “guilty of” substitute “who commits”; and

(ii)for “23(2)” substitute “23(2) and (3)”.

Amendment of schedule 1

21.  For schedule 1 (European provisions: bovine carcases) substitute—

Regulation 2(1)

SCHEDULE 1European beef provisions: bovine carcases

(1) Regulations containing European provision(2) Subject matter
Article 10 and Annex IV, point A(II), of the Council RegulationRequirement to indicate the category of carcase
Article 10 and Annex IV, point A(III), of the Council RegulationRequirement to indicate, in relation to a carcase, the class of conformation and fat cover
Article 10 and Annex IV, point A(IV), of the Council RegulationRequirement to present carcases in the specified manner
Article 10 and Annex IV, point A(V), first sub-paragraph, of the Council RegulationRequirement for approved slaughterhouses to classify carcases in accordance with the Union scale
Article 3(1) of, and Annex I to, the Commission Delegated RegulationRequirement as to the class of conformation and fat cover in relation to bovine carcases
Article 6(1) of the Commission Delegated RegulationProhibition on removing fat, muscle or other tissue before weighing, classifying and marking
Article 6(3) of the Commission Delegated RegulationRequirement to present carcase in specified manner, for the purpose of establishing market prices
Article 7(1) of the Commission Delegated RegulationRequirement as to the place and time of classification
Article 7(3)(a) of the Commission Delegated RegulationRequirements as to the time of weighing, relevant to classification
Article 7(5) of the Commission Delegated RegulationRequirement as to time of classification in cases where automated grading method fails to classify carcase
Article 8(1) of the Commission Delegated RegulationRequirements as to timing of marking of carcases
Article 8(2)(a) of the Commission Delegated RegulationRequirements as to marking of carcases to indicate the category and class of conformation and fat cover
Article 8(3)(a) of the Commission Delegated RegulationRequirements as to location of marking on carcase
Article 8(4) of the Commission Delegated RegulationRequirement as to legibility of marking on carcase
Article 8(5) of the Commission Delegated RegulationRequirements in relation to labelling of a carcase
Article 10(7) of the Commission Delegated RegulationProhibition on modifications of the technical specifications of licensed automatic grading methods without approval of the Scottish Ministers
Article 12 of the Commission Delegated RegulationRequirements as to classification by automated grading techniques
Article 14(3) of the Commission Delegated RegulationRequirement as to carcase weight to be taken into account for reporting market prices
Article 14(4) of the Commission Delegated RegulationRequirement as to the reporting of market prices per each class
Article 17(2) of the Commission Delegated RegulationRequirement as to notification of supplementary payments
Article 1 of the Commission Implementing RegulationRequirements as to prescribed communication
Article 5(1), first and third subparagraphs, of and Annex to the Commission Implementing RegulationRequirements concerning weighing of the carcase and adjustments to the weight in relation to bovine carcases aged eight months or more
Article 7 of the Commission Implementing RegulationRequirement as to classes for recording of market prices for beef carcases
Article 8(1), (3), and (4) of the Commission Implementing RegulationRequirement as to recording of market prices.

Amendment of schedule 2

22.  For schedule 2 (European provisions: pig carcases) substitute—

Regulation 2(1)

SCHEDULE 2European pig provisions: pig carcases

(1) Regulations containing European provision(2) Subject matter
Article 10 and Annex IV, point B(II) of the Council RegulationRequirement to classify carcases into one of the specified classes
Article 10 and Annex IV, point B(III), of the Council Regulation, and Articles 3 and 4 of Commission Decision 2004/370/EC authorising methods for grading pig carcases in the United Kingdom(6)Requirement to present carcases in a manner specified in these provisions
Article 10 and Annex IV, point B(IV), first subparagraph, of the Council Regulation, and Article 1 of, and Annex 1 to, Commission Decision 2004/370/EC authorising methods for grading pig carcases in the United KingdomRequirement to grade carcases by methods authorised by the Commission
Article 6(1) of the Commission Delegated RegulationProhibition on removing fat, muscle, or other tissue before weighing, classifying and marking
Article 7(1) of the Commission Delegated RegulationRequirements as to the place and time of classification
Article 7(3)(b) of the Commission Delegated RegulationRequirement as to timing of weighing of carcase
Article 7(4)(a) of the Commission Delegated RegulationRequirements as to weight adjustments
Article 8(1) of the Commission Delegated RegulationRequirements as to timing of marking of carcases
Article 8(2)(b) of the Commission Delegated RegulationRequirements as to marking of carcases to indicate the class of carcase or estimated lean meat percentage
Article 8(3)(c) of the Commission Delegated RegulationRequirement as to location of marking on carcase
Article 8(4) of the Commission Delegated RegulationRequirement as to legibility of marking on carcase
Article 8(5) of the Commission Delegated RegulationRequirements in relation to labelling of a carcase
Article 12 of the Commission Delegated RegulationRequirements as to classification by automated grading techniques
Article 14(3) of the Commission Delegated RegulationRequirement as to carcase weight to be taken into account for reporting market prices
Article 14(4) of the Commission Delegated RegulationRequirement as to the reporting of market prices per each class
Article 17(2) of the Commission Delegated RegulationRequirement as to notification of supplementary payments
Annex V, Part 2 of Part A, to the Commission Delegated RegulationRequirements as to assessment of lean meat content of carcases
Article 1 of the Commission Implementing RegulationRequirements as to prescribed communication
Article 9 of the Commission Implementing RegulationRequirements as to classes and weights for recording of market prices for pig carcases
Article 10 of the Commission Implementing RegulationRequirement to record market prices for pigs.

Transitional provision

23.—(1) The amendments made by regulation 8 of these Regulations shall not affect the validity of any operator’s licence, issued prior to 11th July 2018 under regulation 9 of the 2010 Regulations.

(2) Any such licence is to be treated, on and after 11th July 2018, as if it were a licence granted under regulation 9 of the 2010 Regulations as amended by regulation 8 of these Regulations.

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

31st May 2018

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