The Contaminants in Food (Scotland) Regulations 2006

9

1

An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(1)(a) of the Contaminants in Food (Scotland) Regulations 2006 (“the Regulations”).

2

The authorised officer may either–

a

give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it–

i

is not to be used for human consumption; and

ii

either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 1.3 of the Commission Regulation; or

b

seize the food and remove it in order to have it dealt with by the sheriff.

3

Where an authorised officer exercises the power conferred by subsection (2)(a), that officer shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not that officer is satisfied that the food complies with the requirements of regulation 3(1)(a) of the Regulations, a s appropriate and–

a

if that officer is so satisfied, forthwith withdraw the notice; or

b

if that officer is not so satisfied, seize the food and remove it in order to have it dealt with by the sheriff.

4

Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b), that officer shall inform the person in charge of the food of the intention to have it dealt with by the sheriff and any person who under regulation 3(1)(a) of the Regulations might be liable to a prosecution i n respect of the food shall, if attending before the sheriff by whom the food falls to be dealt with, be entitled to be heard and to call witnesses.

5

If it appears to the sheriff, on the basis of such evidence as the sheriff considers appropriate in the circumstances, that any food falling to be dealt with by the sheriff under this section fails to comply with the requirements of regulation 3(1)(a) of the Regulations, the sheriff shall condemn the food and order–

a

the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

b

any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

6

If a notice under subsection (2)(a) is withdrawn, or th e sheriff by whom any food falls to be dealt with under this section refuses to condemn it, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

7

Any disputed question as to the right to or the amount of any compensation payable under subsection (6) shall be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff.

8

Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.