The Official Feed and Food Controls (Scotland) Regulations 2005
PART 1
PRELIMINARY
1
Citation, commencement and extent
2
Interpretation
3
Appointment of authorised officers
PART 2
MAIN PROVISIONS
4
Competent authorities
5
Exchanging and providing information
6
Obtaining information
7
Power to issue codes of recommended practice
8
Monitoring of enforcement action
9
Power to request information relating to enforcement action
10
Power of entry for persons monitoring enforcement action
11
Meaning of “enforcement authority” and related expressions
12
Offences relating to regulations 9 and 10
13
Right of appeal
14
Appeal to Court of Session against dismissal of appeal under regulation 13(1)
15
Staff of competent authority of another member State
16
Commission experts
17
Prohibition on disclosure of trade secrets
18
Execution and enforcement
19
Powers of entry
20
Obstruction etc. of officers
21
Penalties
22
Time limit for commencement of prosecutions
PART 3
OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES
23
Interpretation of this Part of these Regulations
24
Feed enforcement responsibilities
25
Food enforcement responsibilities
26
Deferred execution and enforcement
27
Prohibition on introduction of certain feed and food
28
Checks on products
29
Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs
30
Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries)
31
Right of appeal in respect of notices served under regulation 30
32
Appeal to Court of Session against dismissal of appeal under regulation 31
33
Serious risk to animal or public health
34
Liability for charges
35
Procurement by authorised officers of samples with regard to food
36
Analysis etc. of samples
37
Powers of entry of authorised officers of a food authority
38
Obstruction etc. of officers (imports)
39
Offences and penalties
40
Time limit for commencement of prosecutions (imports)
PART 4
AMENDMENT OF THE GENERAL FOOD REGULATIONS 2004
41
Amendment of the General Food Regulations 2004
PART 5
ENFORCEMENT AND SUPPLEMENTARY PROVISIONS
42
Offences due to fault of another person
43
Defence of due diligence
44
Offences by bodies corporate
45
Offences by Scottish partnerships
46
Protection of officers acting in good faith
47
Service of documents
48
Consequential amendment
49
Revocations
SCHEDULES
SCHEDULE 1
DEFINITIONS OF COMMUNITY LEGISLATION
“ Directive 2004/41 ” means Directive 2004/41/EC of the European...
“Regulation 999/2001” means Regulation ( EC ) No 999/2001 of...
“ Regulation 178/2002 ” means Regulation (EC) No. 178/2002 of...
“ Regulation 1642/2003 ” means Regulation (EC) No. 1642/2003 of...
“ Regulation 852/2004 ” means Regulation (EC) No. 852/2004 of...
“ Regulation 853/2004 ” means Regulation (EC) No. 853/2004 of...
“ Regulation 882/2004 ” means Regulation (EC) No. 882/2004 of...
“ Regulation 1688/2005 ” means Commission Regulation (EC) No. 1688/2005...
“ Regulation 2073/2005 ” means Commission Regulation (EC) No. 2073/2005...
“ Regulation 2074/2005 ” means Commission Regulation (EC) No. 2074/2005...
“ Regulation 2076/2005 ” means Commission Regulation (EC) No. 2076/2005...
SCHEDULE 2
DEFINITION OF RELEVANT FEED LAW
“relevant feed law” means– (a) Part IV of the Agriculture...
SCHEDULE 3
DEFINITION OF RELEVANT FOOD LAW
“relevant food law” means– (a) food law in so far...
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
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
SCHEDULE 6
REVOCATIONS
2005 No. 616

AGRICULTURE

FOOD

The Official Feed and Food Controls (Scotland) Regulations 2005
Made
30th November 2005
Laid before the Scottish Parliament
1st December 2005
Coming into force
1st January 2006
The Scottish Ministers, in exercise (with regard to regulation 41 of the following Regulations) of the powers conferred by sections 16(1), 17(2) and 48(1) of the Food Safety Act 1990 , having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and, in exercise (with regard to the following Regulations except regulation 41) of the powers conferred by section 2(2) of the European Communities Act 1972 and of all other powers enabling them in that behalf, and after consultation as required by Article 9 of 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 , hereby make the following Regulations:
1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990); section 48(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”); amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
Section 48(4B) was inserted by the 1999 Act, section 40(1) and Schedule 5, paragraph 21.
1972 c. 68. Section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3). The function conferred on the Minister of the Crown under section 2(2) of the 1972 Act, in so far as exercisable within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred and in so far as relating to food (including drink) including the primary production of food, that function was transferred to the Scottish Ministers by S.I. 2005/849.
O.J. No. L 31, 1.2.02, p.1 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).
Regulations applied (with modifications) (3.1.2006) by The Feeding Stuffs (Application to Zootechnical Additives etc.) (Scotland) Regulations 2005 (S.I. 2005/3362), regs. 1(c), 7