http://www.legislation.gov.uk/ssi/2006/3/schedule/2The Food Hygiene (Scotland) Regulations 2006texttext/xmlenStatute Law DatabaseFOOD2024-05-20Expert Participation2024-01-01 These Regulations, which extend to Scotland only, revoke and re-enact with changes the Food Hygiene (Scotland) Regulations 2005 (S.S.I. 2005/505). SCHEDULE 2Specified Community provisionsRegulations 2(1) and 17(1)Column 1Column 2Provision of Community RegulationsSubject-matterArticle 3 of Regulation 852/2004Requirement that food business operators ensure that all stages of production, processing and distribution of food under their control satisfy the relevant hygiene requirements laid down in Regulation 852/2004.Article 4(1) of Regulation 852/2004Requirement that food business operators carrying out primary production and specified associated operations comply with the general hygiene provisions laid down in Part A of Annex I to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004.Article 4(2) of Regulation 852/2004Requirement that food business operators carrying out any stage of production, processing and distribution of food after those stages to which Article 4(1) applies comply with the general hygiene requirements laid down in Annex II to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004 and Regulation 579/2014.Article 4(3) of Regulation 852/2004Requirement that food business operators, as appropriate, adopt certain specific hygiene measures.Article 5(1) of Regulation 852/2004Requirement that food business operators (other than those excepted in Article 5(3)) put in place, implement and maintain a permanent procedure or procedures based on the HACCP (hazard analysis and critical control point) principles.Article 5(2) of Regulation 852/2004Requirement that when any modification is made in the product, process, or any step, food business operators review the procedure referred to in Article 5(1) and make the necessary changes to it.Article 5(4)(a) of Regulation 852/2004Requirement that food business operators provide the competent authority with evidence of their compliance with Article 5(1).Article 5(4)(b) of Regulation 852/2004Requirement that food business operators ensure that any documents describing the procedures developed in accordance with Article 5 are up to date.Article 5(4)(c) of Regulation 852/2004Requirement that food business operators retain documents and records for an appropriate period.Article 6(1) of Regulation 852/2004Requirement that food business operators co operate with the competent authorities in accordance with other applicable assimilated law or other national law .Article 6(2), first paragraph of Regulation 852/2004Requirement that a food business operator notify the competent authority of each establishment under its control that carries out any of the stages of production, processing and distribution of food.Article 6(2), second paragraph of Regulation 852/2004Requirement that food business operators ensure that the competent authority has up to date information on establishments.Article 6(3) of Regulation 852/2004Requirement that food business operators ensure that establishments are approved by the competent authority when approval is required.Article 3(1) of Regulation 853/2004Requirement that food business operators comply with the relevant provisions of Annexes II and III to Regulation 853/2004.Article 3(2) of Regulation 853/2004Requirement that food business operators do not use any substance other than potable water or, when Regulation 852/2004 or Regulation 853/2004 permits its use, clean water, to remove surface contamination from products of animal origin unless use of the substance has been approved and any conditions for its use complied with.Article 4(1) of Regulation 853/2004

Requirement that food business operators place products of animal origin ... on the market only if they have been prepared and handled exclusively in establishments–that meet the relevant requirements of Regulation 852/2004, those of Annexes II and III to Regulation 853/2004 and other relevant requirements of food law; andthat the competent authority has registered or, where required in accordance with Article 4(2), approved.

Article 4(2) of Regulation 853/2004Requirement that establishments handling those products of animal origin for which Annex III to Regulation 853/2004 lays down requirements do not operate unless the competent authority has approved them in accordance with Article 4(3).Article 4(3) of Regulation 853/2004

Requirement that establishments subject to approval in accordance with Article 4(2) do not operate unless the competent authority has, in accordance with Regulation 2017/625–granted the establishment approval to operate following an on-site visit; orprovided the establishment with conditional approval.

Article 4(4) of Regulation 853/2004Requirement that food business operators co operate with the competent authorities in accordance with Regulation 2017/625 including ensuring that an establishment ceases to operate if it is no longer approved.Article 5(1) of Regulation 853/2004

Requirement that food business operators do not place on the market a product of animal origin handled in an establishment subject to approval in accordance with Article 4(2) unless it has–a health mark applied in accordance with Regulation 2017/625; orwhen Regulation 2017/625 does not provide for the application of a health mark, an identification mark applied in accordance with Section I of Annex II to Regulation 853/2004.

Article 5(2) of Regulation 853/2004Requirement that food business operators apply an identification mark to a product of animal origin only if the product has been manufactured in accordance with Regulation 853/2004 in establishments meeting the requirements of Article 4.Article 5(3) of Regulation 853/2004Requirement that food business operators do not remove a health mark applied in accordance with Regulation 2017/625 from meat unless they cut or process it or work upon it in another manner.Article 6(1) and (2) of Regulation 853/2004Requirement that food business operators ensure that importation of products of animal origin only takes place where certain conditions are met.Article 6(3) of Regulation 853/2004

Requirement that food business operators importing products of animal origin shall ensure that–products are made available for control upon importation in accordance with Regulation 2017/625;importation complies with the requirements of Council Directive 2002/99/EC ; andoperations under their control that take place after importation are carried out in accordance with the requirements of Annex III to Regulation 853/2004.

. . .. . .Article 7 of Regulation 853/2004Requirement that food business operators ensure that certificates or other documents accompany consignments of products of animal origin when required in accordance with Annex II or III to Regulation 853/2004.. . .. . .Article 7(1) of Regulation 2073/2005Requirement that food business operators shall take the measures laid down in paragraphs (2) to (4) of Article 7 when the results of testing against the criteria set out in Annex 1 to Regulation 2073/2005 (microbiological criteria for foodstuffs) are unsatisfactory.Article 9 of Regulation 2015/1375 Requirement that food business operators of holdings officially recognised as applying controlled housing conditions must inform the competent authority of any requirement of Annex IV to Regulation 2015/1375 that is no longer fulfilled or of any other change that might affect the holdings’ Trichinella status. O.J. No. L 18, 23.1.03, p.11.Full stop in sch. 2 omitted and words inserted (1.10.2014) by The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(4)Words in sch. 2 substituted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(4)(a)Words in sch. 2 substituted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(4)(b)Words in sch. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(a)Words in sch. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(b)Words in sch. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(c)Words in sch. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(d)Words in sch. 2 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(e)Words in sch. 2 omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 4(5)(f)Words in sch. 2 substituted (31.12.2020) by The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 5(2)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in sch. 2 omitted (31.12.2020) by virtue of The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 5(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Words in sch. 2 omitted (31.12.2020) by virtue of The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 5(2)(c); 2020 c. 1, Sch. 5 para. 1(1)Word in sch. 2 substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) (Scotland) Regulations 2023 (S.S.I. 2023/374), reg. 1(1), sch. 2 para. 7