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

FOOD

The Food Hygiene (Scotland) Regulations 2006
Made
9th January 2006
Laid before the Scottish Parliament
10th January 2006
Coming into force
11th January 2006
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, 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:
1972 c. 68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“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, so far as 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 the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
O.J. No. L 31, 1.2.02, p.1 as 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).