Scottish Statutory Instruments
2002 No. 35
ANIMALS
ANIMAL HEALTH
The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002
Made 1st February 2002
Laid before the Scottish Parliament 1st February 2002
Coming into force at 12 noon on 1st February 2002

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, hereby make the following Regulations:
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The functions conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

Citation, commencement and cessation
1. (1) These Regulations may be cited as the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002 and shall come into force at 12 noon on 1st February 2002.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 1(2) omitted (29.3.2002) by virtue of The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Amendment Regulations 2002 (S.S.I. 2002/169), regs. 1, 2

Amendment to the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 2 revoked (7.3.2002) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Revocation Regulations 2002 (S.S.I. 2002/109), reg. 1, sch.

Amendment to Meat Products (Hygiene) Regulations 1994
3. (1) The Meat Products (Hygiene) Regulations 1994 are amended in accordance with this regulation.
S. I. 1994/3082 as relevantly amended by S.S.I. 2001/160, 358, 394 and 429.
(2) For regulation 10(3) there is substituted–

“(3) Any person who sells for human consumption any meat product manufactured or re-wrapped in Great Britain shall ensure that it carries–
(a) the British EC health mark;
(b) the circular mark referred to in paragraph 3A of Part VI of Schedule 2 to these Regulations; or
(c) the British national health mark,
in each case applied in accordance with Part VI of Schedule 2.”.

(3) Regulation 10(4) is omitted.
(4) For paragraph 3A of Part VI of Schedule 2 there is substituted–

“3A. (1) Notwithstanding paragraphs 1 to 3 above, meat products made from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain in the period from (and including) 1st February 2001 to the coming into force of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002 or containing meat from those species of animals and processed in Great Britain during that period shall be marked with a stamp consisting of a circular mark containing–
(a) in the upper part the letters “GB”; and
(b) in the lower part the meat product premises code.
(2) Meat products referred to in sub-paragraph (1) which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC or which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6 may be marked either in accordance with this paragraph or in accordance with paragraphs 1 to 3 above.
(3) Sub-paragraph (1) does not apply in relation to meat products made from fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EC, 2001/356/EC or 2001/740/EC.”.

Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
4. (1) The Fresh Meat (Hygiene and Inspection) Regulations 1995 are amended in accordance with this regulation.
S. I. 1995/539 as relevantly amended by S.S.I. 2001/160, 358, 394 and 429.
(2) For paragraph 9 of Schedule 12 there is substituted–

“9. (1) Notwithstanding the provisions of paragraphs 1 and 8 of this Schedule, fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain in the period from (and including) 1st February 2001 to the coming into force of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002 and meat processed in Great Britain during that period which would otherwise have been marked in accordance with those paragraphs shall instead be marked with a stamp consisting of a circular mark with an outer diameter of 50 mm, with a line thickness of circle of 3 mm and containing–
(a) in the upper part the letters “GB” 7 mm high; and
(b) in the lower part the approval number of the premises 10 mm high.
(2) Notwithstanding paragraph 6 of this Schedule, E129 Allura Red AC may not be used in a stamp applied under this paragraph.
(3) Sub-paragraph (1) does not apply to fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EC, 2001/356/EC or 2001/740/EC.”.

Amendment to the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
5. (1) The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in accordance with this regulation.
S. I. 1995/3205 as relevantly amended by S.S.I. 2001/ 358, 394 and 429.
(2) For paragraphs (5), (6) and (7) of regulation 7, there is substituted–

“(5) No person shall affix the health mark to minced meat produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain in the period from (and including) 1st February 2001 to the coming into force of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002 or meat processed during that period unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EC, 2001/356/EC or 2001/740/EC.”.

(3) For paragraphs (6), (7) and (8) of regulation 8 there is substituted–

“(6) No person shall affix the health mark to any meat preparation produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain in the period from (and including) 1 February 2001 to the coming into force of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Amendment (No. 2) Regulations 2002, unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172,/EC, 2001/356/EC or 2001/740/EC.”.

Consequential amendments
6. (1) Regulation 2(2) of the Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Scotland) Regulations 2001 is omitted.
S.S.I. 2001/160.
(2) The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (Scotland) Regulations 2001 are revoked.
S.S.I. 2001/358, amended by S.S.I. 2001/394.
(3) Regulations 4, 5, 6(4) and 7 of the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 2) Amendment (No. 4) Regulations 2001 are omitted.
S.S.I. 2001/394, amended by S.S.I. 2001/415 and revoked in part by S.S.I. 2001/429.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 6(4)-(6) revoked (7.3.2002) by The Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Revocation Regulations 2002 (S.S.I. 2002/109), reg. 1, sch.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
DAVID DICKSON
A member of the staff of the Scottish Ministers
Pentland House, Edinburgh

(This note is not part of the Regulations)
These Regulations implement in Scotland Commission Decisions 2001/938/EC, 2002/37/EC and 2002/48/EC amending Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) for the fifth, sixth and seventh times.
They further amend the restrictions on imports and exports of certain animals and animal products contained in the Import and Export Restrictions (Foot-and-Mouth Disease) (Scotland) (No. 3) Regulations 2001 (“the principal Regulations”) to continue the effect of those restrictions, with amendments, until midnight on 31st March 2002.
They implement in Scotland Commission Decision 2002/49/EC amending Commission Decision 2001/304/EC (concerning the marking and use of certain animal products).
They further amend the Meat Products (Hygiene) Regulations 1994; the Fresh Meat (Hygiene and Inspection) Regulations 1995; and the Minced Meat and Meat Preparations (Hygiene) Regulations 1995.
The effect of these Regulations is to–
– remove all restrictions on the export of pigs;
– remove all export restrictions on cattle;
– remove the need to provide additional health assurances for horse exports;
– allow the export to other member States of fresh and frozen bovine and porcine semen produced after 15th January 2002;
– allow meat to be exported from Foot-and-Mouth Disease susceptible animals sourced from anywhere in Great Britain;
– lift export restrictions on fresh meat and meat products;
– lift Foot-and-Mouth Disease based export restrictions on milk and milk products, hides and skins and all other animal products; and
– lift restrictions on Foot-and-Mouth Disease susceptible live animals.
They also make amendments consequential to these provisions.
A Regulatory Impact Assessment has not been prepared for these Regulations.