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The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019

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Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009

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7.—(1) The Official Feed and Food Controls (Scotland) Regulations 2009(1) are amended as follows.

(2) In regulation 4 (exchanging and providing information)(2)—

(a)in paragraph (1), for “member States” substitute “appropriate authorities”, and

(b)in paragraph (4), for “EU legislation” substitute “retained EU law”.

(3) In regulation 5 (obtaining information), in paragraph (1), for “member States” substitute “appropriate authorities”.

(4) In regulation 10 (meaning of “enforcement authority” and related expressions), in paragraph (2), omit “but does not include the European Commission”.

(5) Omit regulations 14 (staff of competent authority of another member state), 15 (commission experts) and 16 (prohibition on disclosure of trade secrets).

(6) In regulation 17 (execution and enforcement)—

(a)omit paragraph (3),

(b)in paragraph (5), omit sub-paragraphs (a) and (b).

(7) In regulation 19 (obstruction etc. of officers), in paragraph (1), omit “14, 15 or” in both places where it appears.

(8) In regulation 20 (penalties), in paragraph (2), for “, 11 or 16” substitute “or 11”.

(9) In regulation 22 (interpretation of this part of these regulations) omit the definition of “the relevant territories”.

(10) In regulation 28 (prohibition on introduction of certain feed and food)—

(a)at the end of paragraph (1)(a) insert “and”,

(b)omit paragraph (1)(b),

(c)at the end of paragraph (1)(c) omit “and”, and

(d)omit paragraph (1)(d).

(11) Omit regulation 44 (expenses arising in respect of co-ordinated assistance and follow-up by the Commission).

(12) In the table in schedule 4 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant feed law)—

(a)in the first entry, in column 2, omit the references to the following provisions of Regulation (EC) No. 882/2004

(i)Article 19(3),

(ii)Article 34,

(iii)Article 35(3) and (4),

(iv)Article 36,

(v)Article 37(1),

(vi)Article 38,

(vii)Article 39,

(viii)Article 40(2) and (4), and

(ix)Article 52(1), and

(b)in the second entry, in column 2, omit the references to the following provisions of that Regulation—

(i)Article 34,

(ii)Article 35(3),

(iii)Article 36,

(iv)Article 37(1),

(v)Article 38,

(vi)Article 39, and

(vii)Article 40(2) and (4).

(13) In the table in schedule 5 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant food law)—

(a)in the first entry, in column 2, omit the references to the following provisions of Regulation (EC) No. 882/2004

(i)Article 19(3),

(ii)Article 34,

(iii)Article 35(3) and (4),

(iv)Article 36,

(v)Article 37(1),

(vi)Article 38,

(vii)Article 39,

(viii)Article 40(2) and (4), and

(ix)Article 52(1), and

(b)in the second entry, in column 2, omit the references to the following provisions of that Regulation—

(i)Article 34,

(ii)Article 35(3),

(iii)Article 36,

(iv)Article 37(1),

(v)Article 38,

(vi)Article 39, and

(vii)Article 40(2) and (4).

(14) In schedule 6 (specified import provisions), in the first entry in column 2 of the table, for “in the official language of the member State), although the member State may consent to common entry documents being drawn up in another official language of the European Union” substitute “in English, or in English and Welsh).”

(1)

S.S.I. 2009/446, relevant amendment S.I. 2011/1043.

(2)

Regulation 4 was amended by article 6(2)(b) of part 2 of the 2011 Order.

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