The Bovine Products (Restriction on Placing on the Market) (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, give effect to Article 1.1 of Commission Decision 2005/598/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 (O.J. No. L 204, 5.8.05, p.22).

Article 1.1 of Commission Decision 2005/598/EC provides that certain products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 may not be placed on the market.

That prohibition is given effect by regulation 3 of these Regulations.

These Regulations also–

(a) apply with modifications certain provisions of the Food Safety Act 1990 (1990 c. 16) for the purposes of these Regulations (regulation 5);

(b) provide for the inspection and seizure of products that are suspected of having been placed on the market in contravention of regulation 3 of these Regulations (regulation 6);

(c) create offences and penalties (regulation 7);

(d) make provision for their enforcement including the appointment of authorised officers (regulations 4 and 8);

(e) amend regulation 3 of the Animal By Products (Identification) Regulations 1995 (S.I. 1995/614) in so far as it applies in relation to Scotland consequential on regulation 3 of these Regulations and regulation 10A(5) of the TSE (Scotland) Regulations 2002 (S.S.I. 2002/255) (inserted by regulation 4 of the TSE (Scotland) Amendment (No. 2) Regulations 2005 (S.S.I

2005/469) (regulation 9); and

(f) revoke the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 (S.I. 1996/2097), the Fresh Meat (Beef Controls) (No. 2) (Amendment) Regulations 1996 (S.I. 1996/2522) and the Fresh Meat (Beef Controls) (No. 2) Amendment (Scotland) Regulations 2000 (S.S.I. 2000/449) (regulation 10).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency Scotland, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.