The Food Hygiene (Scotland) Regulations 2006
PART 1PRELIMINARY
1Citation, commencement and extent
2Interpretation
3Presumptions that food is intended for human consumption
4Competent authority for the purposes of the Community Regulations
5Enforcement
PART 2MAIN PROVISIONS
6Hygiene improvement notices
7Hygiene prohibition orders
8Hygiene emergency prohibition notices and orders
9Remedial action notices and detention notices
10Offences due to fault of another person
11Defence of due diligence
PART 3ADMINISTRATION AND ENFORCEMENT
12Procurement of samples
13Analysis etc. of samples
14Powers of entry
15Obstruction etc. of officers
16Time limit for commencement of prosecutions
17Offences and penalties
18Offences by bodies corporate
19Offences by Scottish partnerships
20Right of appeal
21Appeal to Court of Session
22Appeals against hygiene improvement notices and remedial action notices
23Application of section 9 of the Food Safety Act 1990
PART 4MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
24Power to issue codes of recommended practice
25Protection of officers acting in good faith
26Revocation and suspension of designations and appointments
27Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
28Service of documents
29Bulk transport in sea–going vessels of liquid oils or fats and of raw sugar
30Temperature control requirements
31Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
32Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption
32ASpecial health mark
33Consequential amendments
34Revocations
35Savings
SCHEDULE 1DEFINITIONS OF EU LEGISLATION
SCHEDULE 2Specified Community provisions
SCHEDULE 3Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar
1Offence
2Liquid oils or fats
3The bulk transport in sea-going vessels of liquid oils or...
4The captain of a sea-going vessel transporting, in tanks, bulk...
5Where the cargo has been trans-shipped, in addition to the...
6Upon request, the captain of the vessel shall provide the...
7Raw sugar
8The receptacles, containers or tankers referred to in paragraph 7...
9A food business operator who is responsible for the transport...
10The documentary evidence shall accompany the consignment of raw sugar...
11On request, a food business operator responsible for the transport...
12Raw sugar which has been transported by sea in receptacles,...
13In fulfilling the obligations under Article 5(1) of Regulation 852/2004...
14Interpretation
SCHEDULE 3AREQUIREMENTS REFERRED TO IN REGULATION 17(5)
SCHEDULE 3BREQUIREMENTS REFERRED TO IN REGULATION 17(6)
SCHEDULE 3CREQUIREMENTS REFERRED TO IN REGULATION 17(7)
SCHEDULE 3DREQUIREMENTS REFERRED TO IN REGULATION 17(8)
SCHEDULE 4Temperature control requirements
1Scope
2Chill and hot holding requirements
3Reheating of food
4Interpretation
SCHEDULE 5Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
1Scope
2Offence
3Requirements
4The producer shall– (a) keep a record in adequate form...
SCHEDULE 6Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption
1No person shall place on the market raw milk, or...
2Any person who contravenes paragraph 1 is guilty of an...
3In any proceedings for an offence in respect of a...
SCHEDULE 6ATHE SPECIAL HEALTH MARK
...The special health mark shall consist of a square mark...
SCHEDULE 7Consequential amendments
1The Colours in Food Regulations 1995
2The Animal By-Products (Identification) Regulations 1995
3In regulation 2(1) (interpretation)– (a) for the definition of “animal...
4In regulation 3(1)(iv) (meaning of “animal by product”) for “in...
5In regulation 4(a) (scope) for “in accordance with the Poultry...
6In regulation 5(2)(c) (exemptions) for the words “cold store, cutting...
7For regulation 6 (staining of animal by-products in cold stores,...
8For regulation 8 (freezing of animal by-products in any animal...
9In regulation 9 (storage and packaging of animal by-products)–
10In regulation 10 (restriction on movement of animal by-products)–
11In regulation 12 (enforcement)– (a) in paragraph (a), for “in...
12The Food Labelling Regulations 1996
13In regulation 2 (interpretation), omit the definition of “raw milk”....
14In each of regulations 23(2)(b) (food which is not prepacked...
15Omit regulation 31 (raw milk).
16In regulation 37 (milk)– (a) in paragraph (1), omit “Subject...
17In regulation 39 (field of vision), omit paragraph (d).
18In Schedule 3 (generic names in list of ingredients), Part...
19The Products of Animal Origin (Import and Export) Regulations 1996
20The Specified Risk Material Order 1997
21In article 2(1) (interpretation) after the definition of “specified solid...
22In Schedule 1 (foods and feeding stuffs requiring import certificates)–...
23The Beef Bones (Scotland) Regulations 1999
24In regulation 2(1) (interpretation)– (a) after the definition of “carcase”,...
25In regulation 10 (enforcement)– (a) for paragraph (1) substitute–
26Amendments to the Cattle Identification Regulations 1998
27In regulation 2(1), for the definition of “official veterinary surgeon”...
28In regulation 2(1) after the definition of “official veterinary surgeon”...
29In regulation 2(1), in the definition of “licensed slaughterhouse”, for...
30The Bovine and Bovine Products (Trade) Regulations 1999
31In regulation 10(3) for sub-paragraph (a) substitute “ (a) the...
32In regulation 10(3)(b) for “in the OVS room (as defined...
33In regulation 10 after paragraph 6 insert–
34In regulation 11(2)(a) for “the Fresh Meat (Hygiene and Inspection)...
35The TSE (Scotland) Regulations 2002
36In regulation 3(1) (interpretation)– (a) after the definition of “The...
37In regulation 43(1)(c), for “the Fresh Meat (Hygiene and Inspection)...
38In regulation 55(4)(a) (licensing of premises), for “cutting premises” substitute...
39In regulations 4(3), 10A(1) and (3), 41(3)(a) and (c) and...
40For regulation 49 (mechanically recovered meat) substitute– Mechanically separated meat...
41In regulations 81(1), 88(2) and 89(1), for “premises licensed under...
42In regulation 99 (enforcement), for paragraph (1) substitute–
43The Condensed Milk and Dried Milk (Scotland) Regulations 2003 (2003/311)
44The Animal By-Products (Scotland) Regulations 2003
45The Eggs (Marketing Standards) (Enforcement) Scotland Regulations 2005
46The Official Feed and Food Control (Scotland) Regulations 2005
47In regulation 2(1), for “and “Regulation 1688/2005”” substitute “, “...
48In regulation 15, for “the staff” substitute “ a member...
49In regulation 43(2)(a), for “a 7 days” substitute “ a...
50In regulations 4(5) and (6) and 13(7), Schedule 2, paragraph...
51For the definitions contained in Schedule 1, substitute– “Directive 2004/41”...
SCHEDULE 8Revocations
2006 No. 3
FOOD

The Food Hygiene (Scotland) Regulations 2006

Made
Laid before the Scottish Parliament
Coming into force

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and of all other powers enabling them in that behalf, 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 M2, hereby make the following Regulations: