The Poultrymeat (Scotland) Regulations 2011

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the enforcement and execution of directly applicable European marketing standards relating to poultrymeat.

These Regulations revoke the Poultry Meat (Water Content) (Scotland) Regulations 1983 (S.I. 1983/1372), the Poultry Meat (Water Content) (Scotland) Amendment Regulations 1984 (S.I. 1984/1576) and parts of the Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990 (S.I. 1990/2625). They also make consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 (S.I. 1990/2463).

They make the failure to comply with the provisions of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299 16.11.2007, p.1) (“the Single CMO Regulation”) and Commission Regulation (EC) No 543/2008 (OJ L 157 17.6.2008, p.46) mentioned in Schedule 1 (provisions relating to the marketing of poultrymeat) an offence (regulation 3 and Schedule 1).

They make provision in relation to the registration of slaughterhouses and producers as required by Article 12 of Commission Regulation (EC) No 543/2008 (regulation 4) and provide for appeals against a decision to refuse such a registration and a decision to cancel such a registration (regulations 5 and 6).

They provide for the payment of fees in relation to water content checks carried out by the Food Standards Agency or food authority (regulation 7 and Schedule 2).

They provide for enforcement (regulations 8 and 9). They confer powers of entry (regulation 10) and other powers including seizure and destruction powers (regulations 11 and 12). There is also provision for the issue of a compliance notice by an authorised officer (regulation 13) and for an appeal against compliance notices (regulations 14 and 15).

They make obstruction of an authorised officer an offence (regulation 16) and offences under these Regulations are punishable on summary conviction by a fine not exceeding level 5 on the standard scale (regulation 17). They provide for an extended period for bringing prosecutions (regulation 18), and for offences by bodies corporate (regulation 19). There is a notice provision (regulation 20) and various provisions of the Food Safety Act 1990 are applied (regulation 21).

A Business and Regulatory Impact Assessment has been prepared. Copies may be obtained from the Scottish Government, Rural and Environmental Directorate, B1 Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD and online at www.legislation.gov.uk. Copies have been placed in the Scottish Parliament Information Centre.