The Food Hygiene (Scotland) Amendment Regulations 2012

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Food Hygiene (Scotland) Regulations 2006 (“the 2006 Regulations”) by updating the definitions of certain EU instruments that are referred to in those Regulations and providing that a reference to those EU instruments shall be an ambulatory reference to them as any annex to them is amended from time to time. In addition, these Regulations extend the availability of remedial action notices, provide for compensation on successful appeal and provide for an identification mark for certain minced meat and other meat products.

These Regulations amend the 2006 Regulations to update the definitions of certain EU instruments by—

(a) substituting definitions of certain EU instruments for the definitions of the EU instruments that currently appear after the definition of “the Community Regulations” in paragraph (1) of regulation 2 (interpretation) (regulation 2(2));

(b) adding a provision that any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it is amended from time to time (regulation 2(3)); and

(c) substituting a revised Schedule 1 (definitions of EU legislation) for the existing Schedule 1 (regulation 2(7)).

These Regulations further amend the 2006 Regulations by—

(a) permitting the service of a remedial action notice in relation to an establishment not subject to approval under European food hygiene legislation (regulation 2(4));

(b) providing for compensation to be payable to a food business operator for loss suffered by complying with a remedial action notice, which is subsequently cancelled by a court on appeal (regulation 2(5)); and

(c) adding a new Schedule 6A (regulation 2(8)) which specifies the requirements for the special health mark referred to in paragraph 9 of Chapter VI of Section I of Annex III to Regulation 853/2004 and paragraph 7 of Chapter III of Section I of Annex I to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, and providing for the use of that mark and that failure to comply is an offence (regulation 2(6)).

Full business and regulatory impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector have been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.