http://www.legislation.gov.uk/ssi/2019/412The Official Controls (Agriculture etc.) (Scotland) Regulations 2019texttext/xmlenAGRICULTUREAQUACULTUREStatute Law Database2025-10-15Expert Participation2023-07-01 These Regulations implement in part Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare and plant health and plant protection products (OJ No L 95, 7.4.2017, p. 1). 2019 No. 412AgricultureAquacultureThe Official Controls (Agriculture etc.) (Scotland) Regulations 2019Madeat 2.45 p.m. on 3rd December 2019Laid before the Scottish Parliamentat 4.30 p.m. on 3rd December 2019Coming into force14th December 2019The Scottish Ministers make the following Regulations in exercise of powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so. PART 1 GeneralTitle, commencement and extent11These Regulations may be cited as the Official Controls (Agriculture etc.) (Scotland) Regulations 2019 and come into force on 14 December 2019.2These Regulations extend to Scotland only.Interpretation21In these Regulations—“audit” means an audit of a competent or designated authority for the purposes of Article 6 in relation to any relevant legislation;“auditor” means a person carrying out an audit on behalf of a competent authority;“designated authority” means an authority designated under regulation 3;“enforcement officer” means an officer authorised to enforce the Official Controls Regulation and these Regulations by a competent or designated authority;“inspector” in relation to any relevant legislation, means an inspector, veterinary inspector, or other officer authorised by a competent or designated authority to act in Scotland under that legislation;“official controls” has the meaning given by Article 2(1);“other official activities” has the meaning given by Article 2(2);“premises” includes any means of transport;“relevant legislation” means ... legislation relating to the areas specified in sub-paragraphs (b), (d), (e) and (f) of Article 1(2);“the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products , and where the context requires it includes a reference to measures in implementing and delegated regulations made under the Official Controls Regulation;“Feed and Food Regulations” means the Official Feed and Food Controls (Scotland) Regulations 2009 .2Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in the Official Controls Regulation.3Unless the context otherwise requires, any reference in these Regulations to an “Article” or “Title” are to an Article or Title of the Official Controls Regulation.Designations of competent and designated authorities31The competent authority in respect of the relevant legislation is for the purposes of Article 4—ato the extent that it has functions in relation to the welfare requirements of animals as the competent authority for the purposes of regulation 3 of the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 , Food Standards Scotland;bfor all other purposes, the Scottish Ministers.2Local authorities and food authorities are designated authorities in relation to enforcement functions (other than prosecution) which they exercise under relevant legislation.3A designated authority must keep written records (which may be in electronic form) of official controls and other official activities that they perform, and such records must include—aa description of the purpose of the official controls and other official activities;bthe control methods applied;cany action that the designated authority requires to be taken; anddthe outcome.4Where non-compliance has been identified by any designated authority through the application of official controls, the operator must be promptly informed of the non-compliance.5In this regulation—a“food authority” has in relation to any relevant legislation the same meaning as it has in that legislation, and includes a food authority that is an enforcement authority for the purposes of that legislation; andb“local authority” has in relation to any relevant legislation the same meaning as it has in that legislation.Disclosure of information4The Scottish Ministers or any other designated authority may disclose information to each other and to other competent authorities ... for the purposes of applying these Regulations and the Official Controls Regulation. PART 2 Audits and official controlsPowers of auditors51An auditor may exercise the powers in this regulation and carry out an audit in accordance with the Official Controls Regulation if so authorised—ain relation to carrying out an audit of the activities of a designated authority, by the designated authority; orbin relation to carrying out an audit pursuant to regulation 6(2), by the Scottish Ministers.2For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation (“audit premises”) as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.3An auditor exercising a power of entry may be accompanied by any person whose assistance is reasonably required by the auditor.4Any person at an audit premises must provide such information as may reasonably be required for the purposes of the audit to an auditor, upon request.5An auditor may inspect such records as may reasonably be required for the purpose of the audit and may make or require copies to be provided of such records.6When exercising the powers conferred by this regulation, an auditor must, upon request, produce evidence of authorisation under these Regulations.7This regulation does not apply where an auditor undertakes an audit in accordance with regulation 7.Powers of the Scottish Ministers in relation to audits of designated authorities61The Scottish Ministers may require a designated authority to provide them with such information by a specified date about any audits it has carried out or undergone or which it plans to carry out or undergo.2The Scottish Ministers may require an auditor to carry out an audit of a designated authority.3The designated authority must provide such assistance to that auditor as may reasonably be required in order for the auditor to carry out the audit effectively.Powers of Food Standards Scotland undertaking audits on behalf of the Scottish Ministers71The Scottish Ministers may require Food Standards Scotland to carry out an audit of a competent or designated authority for the purposes of the Official Controls Regulation.2The audit provisions of the Feed and Food Regulations apply, for the purposes of such an audit, as if—athe undertaking of the audit were for the purpose referred to in regulations 8(1) and 9(1) of those Regulations; andbthe authority concerned were an enforcement authority to which regulation 7 of those Regulations applied.3For the purposes of paragraph (2), the audit provisions of the Feed and Food Regulations are—aregulations 8 and 9(1) to (8) and (10) (as read with regulation 10 of those Regulations); andbregulation 11 of those Regulations.4Regulations 17(2), (4) and (5)(c), 18(2) to (9), 19 to 21 and 45 to 50 of the Feed and Food Regulations apply where Food Standards Scotland carry out an audit under this regulation as if the audit were undertaken under those Regulations and enforced or executed by Food Standards Scotland. PART 3 Assistance and co-operation under Title IV and recovery of expensesDuties of designated authorities8A designated authority must without delay notify the Scottish Ministers or Food Standards Scotland (as appropriate) if it considers that it is unable to undertake action required in any individual case under Title IV (administrative assistance and cooperation), and must provide such information to the Scottish Ministers or Food Standards Scotland as they may reasonably request.Facilitating assistance and co-operation91For the purposes of assisting a competent authority ... as provided for in Article 104, or enabling a competent or designated authority to do so, an inspector may on entering premises or when inspecting records—abe accompanied by an authorised officer of a competent authority ...;bshow records to such an officer; andcmake, or require the making of, copies of records for such an officer.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3An enforcement officer may require any person to provide them with such assistance, information or facilities as they may reasonably require for the purposes of the execution or enforcement of these Regulations or the Official Controls Regulation.Recovery of expenses101Any expenses incurred by a competent authority or a designated authority in carrying out enforcement activities under these Regulations, or measures under Articles 66, 67, 69 or 138, may be recovered from the relevant operator, and such expenses must be paid on written demand.2Any unpaid sum under these Regulations may be recovered—aas a civil debt;bunder an order of the court, on such terms as the court may order. PART 4 Enforcement and penaltiesEnforcement and prosecution111Enforcement of the Official Controls Regulation and these Regulations is the responsibility of the competent authority or a designated authority.2The Scottish Ministers may direct, in relation to a particular case or cases of a particular description, that these Regulations or the Official Controls Regulation are to be enforced by the Scottish Ministers instead of a designated authority.Powers of enforcement officers121An enforcement officer may—amake any enquiries, observe any activity or process, and take photographs;binspect any article, container, plant, equipment or records of any class which appear to the enforcement officer to be relevant for the purposes of an investigation, and may as reasonably required make or require the making of copies of such records or remove such records;cmark any item for identification purposes;drequire the production of any label, document or record (in whatever form it is held);einspect and take a copy of, or take a copy of an extract from, any label, document or record;fhave access to, and inspect and check the data on, and operation of, any computer or similar device;gif the enforcement officer has reason to believe that a person is in contravention of these Regulations or the Official Controls Regulation, and that such data may be relevant to the contravention, seize and detain any equipment for the purposes of copying data or (where adequate inspection is impracticable) further inspection;hif the enforcement officer has reason to believe that a person is in contravention of these Regulations or the Official Controls Regulation, and that certain records may be relevant to the contravention, seize and detain the records.2An enforcement officer must—aproduce evidence of authorisation when requested to do so;bas soon as reasonably possible—iprovide to the person appearing to be responsible for any record or equipment removed from any premises a written receipt identifying the items removed; andiiwhen no longer required, return anything seized or detained.Powers of entry131An enforcement officer may enter any premises (except any premises used wholly or mainly as a private dwelling) during normal working hours without prior notice, if the officer believes that it is necessary for the purpose of official controls or other official activities under these Regulations or the Official Controls Regulation.2In circumstances where an enforcement officer is carrying out routine verification checks, notice must be provided before exercising a power of entry to premises during normal working hours.3The requirement to give notice in paragraph (2) does not apply—awhere reasonable efforts to effect entry have failed;bwhere the enforcement officer reasonably believes that giving notice would defeat the object of the entry, including any situation in which notice is not required under Article 9(4); orcwhere the enforcement officer has a reasonable suspicion that any provision of these Regulations or the Official Controls Regulation has been contravened.4An enforcement officer must, if requested to do so, produce a duly authenticated authorisation document.5A justice of the peace, sheriff or summary sheriff may grant a warrant to permit an enforcement officer to enter any premises, including a dwelling, if necessary by reasonable force, if satisfied on sworn information in writing—athat there are reasonable grounds to enter the premises for the purpose of enforcing these Regulations or the Official Controls Regulation; andbthat one or more of the conditions in paragraph (6) are met.6The conditions are—athat entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;bthat asking for admission to the premises, or giving such a notice, would defeat the object of the entry;cthat entry is required urgently;dthat the premises are unoccupied or the occupier is temporarily absent.7A warrant granted under this regulation shall continue in force for a period of one month.8An enforcement officer entering any premises which are unoccupied, or from which the occupier is temporarily absent, must leave them as effectively secured against unauthorised entry as they were before entry.9An enforcement officer may—abe accompanied by such other persons, up to a maximum of three, as the officer considers necessary;bbring onto the premises such equipment as the officer considers necessary.Offences and penalties141A person is guilty of an offence if without reasonable excuse that person obstructs or causes or permits to be obstructed—aan auditor;ban inspector;cany person who accompanies an auditor or inspector; ordan enforcement officer.2For the purposes of paragraph (1), obstruction includes failure by any person—ato produce records or provide reasonable facilities for copying records; orbto provide relevant information when requested.3A person is guilty of an offence if without reasonable excuse that person supplies an auditor, inspector or enforcement officer with information which, in any material particular, is false or misleading.4A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding three months, or to both.Offences by bodies corporate151Where—aan offence under regulation 14 is committed by a body corporate, a Scottish partnership or other unincorporated association; andbit is shown that the offence was committed with the consent or connivance of an officer, or was attributable to any neglect on the part of the officer,the officer as well as the body corporate is guilty of the offence, and liable to be proceeded against and punished accordingly.2If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with any functions of management as if that person were a director of the body.3“Officer” includes—ain relation to a body corporate—ia director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;iiwhere the affairs of the body are managed by its members, a member;bin relation to a Scottish partnership, a partner;cin relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.Time limits for prosecution16A prosecution for an offence under this Part must begin no later than the earlier of the expiry of—athree years from the commission of the offence; orbone year from its discovery by the prosecutor. PART 5 Consequential amendmentsAmendment to the Foot-and-Mouth Disease (Scotland) Order 2006171The Foot-and-Mouth Disease (Scotland) Order 2006 is amended as follows.2In article 2(1)—afor the definition of “border inspection post”, substitute—“border control post” has the same meaning as Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products;;bin the definition of “health marked”, for the words “required by” to “Commission Implementing Regulation (EU) 2018/981”, substitute “ as defined in Article 3(51) in Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”;cin the definition of “Regulation (EC) No. 1069/2009”, for the words “as last amended by Council Regulation (EU) 1385/2013”, substitute “ as last amended by Regulation (EU) 2017/625 ”; anddin the definition of “slaughterhouse”, in paragraph (a) for the words “under” to “Commission Implementing Regulation (EU) 2018/1587” substitute “ in accordance with Regulation EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.3In article 23(3)(b), for “border inspection post” substitute “ border control post ”.4In article 25(2)(b), for “border inspection post” substitute “ border control post ”.5In article 27—ain the heading, for “border inspection posts” substitute “ border control posts ”; andbin paragraph (1), for “border inspection post” substitute “ border control post ”.6In article 28—ain the heading, for “border inspection posts” substitute “ border control posts ”; andbin paragraph (1), for “border inspection post” substitute “ border control post ”.7In article 30, for “border inspection post” substitute “ border control post ” in both places.8In article 31—ain paragraphs (2) and (3) for “border inspection post” substitute “ border control post ” in both places; andbomit paragraph (6).Amendment to the Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006181The Foot-and-Mouth Disease (Slaughter and Vaccination) (Scotland) Regulations 2006 are amended as follows.2In regulation 2(1)—afor the definition of “border inspection post”, substitute—“border control post” has the meaning in Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products;;bin the definition of “health marked”, for the words “required by” to “Commission Implementing Regulation (EU) 2018/981”, substitute “ as defined in Article 3(51) of Regulation EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”;cin the definition of “Regulation (EC) No. 1069/2009”, for the words “as last amended by Council Regulation (EU) 1385/2013”, substitute “ as last amended by Regulation (EU) 2017/625 ”; anddin the definition of “slaughterhouse”, in paragraph (a) for the words “under” to “Commission Implementing Regulation (EU) 2018/1587” substitute “ in accordance with Regulation EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.Amendment to the Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007191The Avian Influenza (H5N1 in Poultry) (Scotland) Order 2007 is amended as follows.2In article 2, in the definition of “Regulation (EC) No. 1069/2009”, for the words “as last amended by Council Regulation (EU) 1385/2013”, substitute “ as last amended by Regulation (EU) 2017/625 ”.3In article 11(2)(b)(ii), for the words “Chapter VIII” to the end, substitute “ Article 18 of Regulation EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.Amendment to the Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007201The Avian Influenza (H5N1 in Wild Birds) (Scotland) Order 2007 is amended as follows.2In article 2, in the definition of “Regulation (EC) No. 1069/2009”, for the words “as last amended by Council Regulation (EU) 1385/2013”, substitute “ as last amended by Regulation (EU) 2017/625 ”.3In schedule 1, in paragraph 9(2)(a), for the words from “Sections I” to the end substitute “ Article 18 of Regulation EU 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.Amendment to the Welfare of Animals (Transport) (Scotland) Regulations 200621In regulation 18(2) of the Welfare of Animals (Transport) (Scotland) Regulations 2006 , omit sub-paragraph (j).Amendment to the Welfare of Farmed Animals (Scotland) Regulations 2010221The Welfare of Farmed Animals (Scotland) Regulations 2010 are amended as follows.2In schedule 2—ain paragraph 1—iin the definition of “official veterinarian”, for “Regulation 854/2004” substitute “ Regulation (EU) 2017/625 ”;iiomit the definition of “Regulation 854/2004”;iiibefore the definition of “stocking density” insert—“Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ;.bin paragraph 15(1), for “Regulation 854/2004” substitute “ Regulation (EU) 2017/625 ”.Amendment to the Aquatic Animal Health (Scotland) Regulations 200923Regulation 19 of the Aquatic Animal Health (Scotland) Regulations 2009 is amended as follows—ain paragraph (3), for “inspection” substitute “ control ”;bin paragraph (5), for sub-paragraph (a) substitute—a“border control post” has the meaning given by Article 3(38) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products;.Amendment to the Trade in Animals and Related Products (Scotland) Regulations 2012241The Trade in Animals and Related Products (Scotland) Regulations 2012 are amended as follows.2In regulation 2—ain paragraph (1)—iomit the definition of “border inspection post”;iiomit the definition of “Council Directive 91/496/EEC”;iiiomit the definition of “Council Directive 97/78/EC”;ivafter the definition of “Commission Decision 2007/275/EC” insert—“Commission Delegated Regulation (EU) 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union ;“Commission Regulation (EU) 142/2011” means Commission Regulation (EU) 142/2011 on the requirements for the entry of consignments of animal by-products and derived products originating from, and returning to, the union following refusal of entry by a third country ;;vbefore the definition of “Commission Implementing Regulation (EU) 2018/659” insert—“Council Regulation (EC) 1/2005” means Council Regulation (EC) 1/2005 on the protection of animals during transport and related operations ;;vifor the definition of “genetic material” substitute—“genetic material” means any germinal product that includes semen, oocytes and embryos intended for artificial reproduction and hatching eggs;;viibefore the definition of “local authority” insert—“health certificate” includes the equivalent of a health certificate in electronic form;“importer” means the natural or legal person who presents animals or products for importation from outside the United Kingdom;“intensified official controls” are those controls carried out in accordance with Article 65(4);;viiibefore the definition of “official veterinarian” insert—“official controls” means activities performed in accordance with Article 2(1) of the EU Regulation;;ixbefore the definition of “product” insert—“premises” includes any place, vehicle, trailer, container, stall, moveable structure, ship or aircraft;; andxfor the definition of “product”, substitute—“product” means—aany product of animal origin, germinal product, animal by-product, derived product and hay and straw subject to official controls at border control posts; andbany composite product listed in Commission Decision 2007/275 concerning lists of composite products to be subject to official controls at border control posts;;xifor the definition of “Regulation (EC) No 882/2004”, substitute—“Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products and the Implementing Regulations and Delegated Regulations made under it;;bafter paragraph (2) insert—3In these Regulations, any reference to—a“the EU Regulation” is a reference to Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products , and where the context requires it includes a reference to measures in implementing and delegated regulations made under the EU Regulation;b“border inspection post” is to be read as a reference to a “border control post” as defined in regulation 9; andc“CVED” is to be read as a reference to “CHED” as defined in regulation 8..3In regulation 3(2), for the definition of “pet animal” substitute—“pet animal” has the same meaning as in Article 4(11) of Regulation (EU) 2016/429 on transmissible animal diseases and amending and repealing certain acts in the area of animal health ;.4In regulation 4, before “Iceland” insert “ the Faroe Islands, Greenland, ”.5In regulation 5—afor the heading substitute— “ Movement of animals or genetic material to or from member States ”;bfor paragraph (1) substitute—1Subject to paragraphs (4) and (5), no animal or genetic material may be brought from a member State unless—ait is accompanied by an original health certificate;bparagraph (3) has been complied with; andcit complies with any additional requirements specified in Part 1 of Schedule 2.1ANo animal product may be sent to or brought from a member State unless it is accompanied by a relevant commercial document.;cin paragraph (3)(a)—ifor “another” substitute “ a ”, andiifor “24 hours in advance of the intended”, substitute “ one working day before the expected ”;dIn paragraph (3)(b), for “24 hours in advance of the intended”, substitute “ one working day before the expected ”.6In regulation 6(1), for the words “or genetic material to another” substitute “ , animal product or genetic material to a ”.7In regulation 7 in paragraph (a), for the words “and includes” to “Scotland”, substitute “subject to official controls at border control posts”.8For regulation 8, substitute—Meaning and use of Common Health Entry Document (“CHED”)81A Common Health Entry Document (“CHED”) means a document or an electronic equivalent in the format specified in Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation) .2Where the imported consignment is required to be accompanied by a CHED to the premises of final destination, the operator responsible for the consignment must complete the relevant part of the document for the complete identification of the consignment and the place of destination.3The cases where and conditions under which the use of a CHED is required are specified in—aCommission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union ; andbCommission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination .4Where a CHED is required, the operator responsible for the consignment must comply with the provisions of Article 56 of the EU Regulation..9For regulation 9, substitute—Border Control Posts91A border control post is a place (together with the facilities at that place) designated by the Scottish Ministers in accordance with Article 59 of the EU Regulation for the purpose of the performance of official controls as specified in Article 47(1) of that Regulation.2If at any time the Scottish Ministers are of the opinion that any part of the inspection facilities at a border control post no longer complies with the requirements for approval, the relevant authority may, in accordance with Articles 61 to 63 of the EU Regulation, serve a notice on the operator—aspecifying the nature of the non-compliance;bproviding a time limit within which the requirements must be complied with; andcprohibiting the use of that part of the facilities until the requirements are complied with.3If the notice is not complied with, the Scottish Ministers may suspend the approval in relation to that part of the inspection facilities.4The Scottish Ministers must suspend the approval of a border control post, and order its activities to cease for all, or specified categories of, animals or products where the Scottish Ministers consider that—athe operator of a border control post is in serious breach of the requirements relating to the performance of official controls for any of the categories of animal or product for which the border control post has been designated;bthe operator of a border control post is in serious breach of the requirements for approval; orcthe operation of the border control post creates a risk to human or animal health or animal welfare.5Where the Scottish Ministers suspend the approval of a border control post under paragraph (3) or (4), they must inform the European Commission and the member States of the suspension and the reason for it..10In regulation 10(2), for the words from “any product” to “Decision 2007/275/EC” substitute “ fishery products, aquatic invertebrates, live bivalve molluscs, live enchinoderms, live tunicates and live marine gastropods intended for human consumption ”.11Regulation 12 is amended as follows—afor paragraph (1), substitute—1The person responsible for a consignment of animals or products must notify the border control post of the expected date of its arrival at the border control post at least one working day before it is due to arrive.1AWhere the person responsible for a consignment of animals or products can provide evidence of a logistical constraint preventing the notification under paragraph (1), that requirement may be satisfied by notification of its expected time of arrival at least four hours in advance.;bomit paragraph (2);cfor paragraph (4), substitute—4In the case of a transhipment of products from one border control post to another, the person responsible for the consignment must notify the official veterinarian at the border control post of destination of —athe estimated time of arrival;bthe border control post at which the transhipment will be checked;cthe identification and location of the consignment;dthe estimated time of departure..12For regulation 13, substitute—Procedure on importation131When the consignment has been unloaded, the person responsible for the consignment must with reasonable expedition arrange for it, together with the documentation specified for that consignment in the relevant legislation listed in schedule 1, to be presented at the border control post inspection facilities to enable official controls in accordance with—aChapter 5 of the EU Regulation, together with relevant implementing and delegated acts; andbArticle 37(1) of Regulation (EU) No 2016/1012.2Operators responsible for the consignment must ensure that the consignment is presented for official controls at the border control post at a reasonable time during the working day.3The competent authority must carry out all necessary official controls specified in paragraph (1) and must only issue a CHED permitting entry if—athe consignment complies with the requirements relating to it in the relevant instrument listed in schedule 1;bthe importation is not prohibited under paragraph (4); andcthe correct fee for the checks has been or will be paid.4In the case of live animals, the official veterinarian must not issue a CHED permitting entry if—athe animals are from a territory or part of a territory of a third country not included in the lists drawn up in accordance with legislation of the European Union for the species concerned or from which imports are prohibited under that legislation;bthe animals are suffering from or are suspected to be suffering from or infected by a contagious disease or a disease presenting a risk to human or animal health;cthe exporting third country has not complied with the requirements provided for in legislation of the European Union;dthe animals are not in a fit state to continue their journey; orethe veterinary certificate or document accompanying the animals does not meet the requirements of legislation of the European Union relating to importation.5If there are no requirements in legislation of the European Union relating to the consignment, the official veterinarian must not issue a CHED unless the importation has been authorised in writing under this paragraph by—aFood Standards Scotland in respect of any product for which only public health requirements apply; orbthe Scottish Ministers for any other product.6An authorisation under paragraph 5(a) may only be granted if Food Standards Scotland is satisfied that the consignment does not pose a risk to human health.7An authorisation under paragraph 5(b) may only be granted if the Scottish Ministers are satisfied that the consignment does not pose a risk to human or animal health, or to the animal health status of the United Kingdom.8The official veterinarian must retain evidence of authorisation or refusal of a consignment for a period of three years from the date of the importation..13For regulation 14, substitute—Removal from a border control post141No person may remove a consignment from a border control post unless it is accompanied by a CHED, or its electronic equivalent, issued by the official veterinarian, or the official fish inspector in the case of a consignment of fish and fishery products, and the movement is in accordance with that document.2The person transporting a consignment from a border control post must ensure that the CHED accompanies the consignment and must transport it directly to the destination specified therein.3These requirements do not apply if the consignment is removed from a border control post under the authority of the relevant official veterinarian or fish inspector (as appropriate).4In the case of live animals, the person responsible for transporting the animals to the final destination must have the appropriate transport authorisation in accordance with Article 4 of Council Regulation (EC) 1/2005 inside the vehicle..14For regulation 15, substitute—Supervision and monitoring consignments15Where a consignment is required to be taken under supervision from a border control post to a specific destination in the United Kingdom or a member State—athe movement must be under customs supervision if this is specified in the CHED; andbon arrival, the occupier of any destination premises in Scotland must immediately notify the Scottish Ministers of its arrival..15In regulation 16—afor paragraph (3), substitute—3Products that arrive at a border control post for an ultimate destination outside the United Kingdom and which are subject to animal health check requirements in the relevant legislation listed in schedule 1, may be taken directly from the border control post to the destination outside the United Kingdom without a CHED, so long as the products do not remain for more than three days at an airport border control post or 30 days at a sea port border control post.;bafter paragraph (3), insert—3AProduct that are not subject to import check requirements, and which arrive at a border control post for an ultimate destination outside the United Kingdom, may be taken directly from the border control post to their destination without a CHED, so long as the products do not remain at the border control post for more than 90 days..16In regulation 17, for paragraphs (b) and (c), substitute—bremoved from a border control post without a CHED or the authority of the official veterinarian or official fish inspector (as the case may be) at the post; orctransported from the border control post to a destination other than that specified in the entry document..17For regulation 18, substitute—Action following non-compliance: products181This regulation applies in relation to any consignment of a product if the checks at a border control post show that the consignment does not comply with the rules referred to in Article 1(2) of the EU Regulation.2The official veterinarian or the official fish inspector (as appropriate) must place the consignment under detention and refuse its entry into Scotland.3The official veterinarian or the official fish inspector (as appropriate) may order the person responsible for the consignment to—asubject the consignment to special treatment in accordance with Article 71(1) and (2) or to any other measure necessary to ensure compliance with the rules referred to in Article 1(2) of the EU Regulation and, where appropriate and provided there is no risk to human or animal health, allocate the consignment for purposes other than those for which it was originally intended;bwhere health conditions permit, require the person in charge of the consignment to re-dispatch the consignment in accordance with Article 72 of the EU Regulation from the same border control post to a destination outside the European Union agreed with the person responsible for the consignment, using the same means of transport, within a maximum time limit of 60 days from arrival at the border control post; orcif the person responsible for the consignment gives immediate agreement, where re-dispatch is impossible or the 60-day time limit has elapsed, destroy the products.4The official veterinarian or official fish inspector (as appropriate) may exceptionally authorise destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of a consignment, to be taken in respect of a part of the consignment only, provided that the action taken—ais such as to ensure compliance;bdoes not pose a risk to human or animal health; andcdoes not disrupt official control operations.5Pending re-dispatch or confirmation of the reasons for rejection, the person responsible for the consignment must, at that person's expense, store the consignment under the supervision of the enforcement authority.6If a consignment of products is seized outside a border control post under regulation 17, the enforcement authority must order that the consignment be retained or recalled, and placed under official detention without delay, and paragraphs (2) and (3) of this regulation apply.7The importer or the importer's representative is liable for the costs incurred in carrying out any measure taken under paragraphs (2) to (6) but, in circumstances where the consignment is destroyed, is entitled to payment of a sum equal to the value of the product after deduction of these costs.8The importer or the importer's representative may not later than 24 hours after notification of the non-compliance, make written representations to the Scottish Ministers regarding any decision taken under this regulation, and the Scottish Ministers must respond in writing to the representations within 24 hours after receiving them..18For regulation 19, substitute—Consignments of products likely to constitute a risk to animal or animal health19If the official controls at the border control post indicate that the consignment is likely to constitute a danger to animal or human health, the official veterinarian or the official fish inspector (as the case may be) must immediately place the consignment under official detention, and order that the person responsible for the consignment destroy it or arrange special treatment in accordance with Article 71 of the EU Regulation at that person's expense..19For regulation 20, substitute—Serious contraventions, repeated contraventions, and breach of maximum residue limits201This regulation applies where, as regards products from a third country, part of a third country or an establishment in a third country, the official veterinarian or official fish inspector (as appropriate)—asuspects that there has been—ia serious contraventions of any import requirement; oriia series of contraventions of such requirements; orbis satisfied that maximum residue levels have been exceeded.2This regulation applies to the next ten consignments, or to consignments with a net weight of 300 tonnes, whichever is the lesser.3The Scottish Ministers may apply intensified official controls where the official veterinarian or official fish inspector has reason to suspect fraudulent or deceptive practices by the operator responsible for a consignment.4The official veterinarian or official fish inspector must carry out a physical check on the suspected non-compliant consignment and take appropriate measures in accordance with Section 3 of Chapter 5 under Title 2.5The person responsible for the consignment must lodge with the official veterinarian a deposit or guarantee sufficient to assure payment of all charges, including for the taking of samples, and tests or analysis..20For regulation 21, substitute —Action following non-compliance: animals211If the checks at a border control post show that an animal does not comply with the rules referred to in Article 1(2) of the EU Regulation relating to that animal, or where such checks reveal an irregularity, the official veterinarian must initially place the animal under detention, isolation or quarantine, as appropriate, where it must be kept, cared for or treated under appropriate conditions pending further official decision on the fate of the animal.2Unless immediate action is necessary in order to respond to a risk to human or animal health or animal welfare or to the environment, the official veterinarian may, after consultation with the importer or the importer's representative, order the person responsible for the consignment—ato shelter, feed and water and, if necessary, treat the animal;bif necessary, to place it in quarantine or isolate it for so long as is necessary to ensure that there is no risk to human or animal health; orcto re-dispatch the animal in accordance with Article 72 of the EU Regulation without delay.3If re-dispatch is impossible, in particular for animal welfare reasons, the official veterinarian may order the importer or the importer's representative to arrange of the slaughter of the animal to spare any unavoidable pain, distress or suffering.4If an animal is seized outside a border control post, the enforcement authority must order the consignment to be retained or recalled, and placed under official detention without delay, and paragraphs (1) and (2) apply.5The official veterinarian may exceptionally authorise partial destruction, re-dispatch, special treatment, or any other measure that may be taken in respect of consignment of animals to be taken in respect of a part of any such consignment, provided that such action—ais such as to ensure compliance with the import check requirements of the EU Regulation;bdoes not pose a risk to human or animal health; andcdoes not disrupt official control operations.6The Scottish Ministers must consider any representations made within 24 hours of notification of the non-compliance by the person responsible for the consignments.7The importer or the importer's representative is liable for the costs incurred in carrying out any measure taken under paragraphs (2) to (5) but, in circumstances where an animal is slaughtered, is entitled to payment of a sum equal to the slaughter value of the animal after deduction of these costs..21In regulation 23—aIn the heading, after “of” insert “ animals and ”;bfor paragraph (1), substitute—1An official veterinarian at a border control post must authorise the re-importation of consignments of the categories of animals and products referred to in points (a) and (b) of Article 47(1) originating from, and returning to, the European Union following a refusal of entry by a third country, provided that —athe animals and genetic material have been authorised in advance by the competent authority and comply with the relevant animal health and animal welfare requirements;bthe products of animal origin and composite products comply with animal and public health requirements relating to consignments of products for human consumption originating in and returning to the Union following a refusal of entry by a third country; andcthe animal by-products comply with the animal health requirements laid down in Annex XIV to Commission Regulation (EU) 142/2011..22For regulation 25, substitute—Special measures251Where the Scottish Ministers or Food Standards Scotland—ahave reasonable grounds for suspecting the existence of a disease, zoonosis, phenomenon or circumstance in a country outside the United Kingdom, such that animals or products originating from the whole or part of the country concerned are liable to pose risk to human or animal health; orbare of the opinion that there is serious non-compliance with official control rules under the EU Regulation in relation to imports from the European Union, or equivalent official controls in countries other than a member State,the Scottish Ministers or Food Standards Scotland may publish a written declaration of the special measures necessary in Scotland in order to contain the risk to human or animal health or the risk of non-compliant animals or products entering into Scotland.2The special measures that the Scottish Ministers or Food Standards Scotland may require include—asuspension of entry into Scotland of any animal or product originating in or dispatched from the whole or part of the country concerned;bimposition of conditions requiring that any animals or products—iprior to dispatch, or on arrival, are made the subject of specific treatment or controls;iibe accompanied by an official certificate, an official attestation, or any other evidence (in any format that may be specified) that any import from the European Union complies with established official control rules under the EU Regulation or equivalent rules in other countries;csuch other measures as the Scottish Ministers or Food Standards Scotland consider necessary to contain the risk.3The declaration must be published in such manner as the Scottish Ministers or Food Standards Scotland (as the case may be) think fit and may be amended or revoked by further declaration at any time.4No person may import anything in breach of such a declaration..23In regulation 27—ain paragraphs (1), (2), and (3) for “border inspection post” substitute “ border control post ” in each place where it occurs;bfor paragraph (6), substitute—6Where a customs officer exercising a statutory function at any place under customs supervision discovers any animal or product suspected of being non-compliant, that officer must detain it and notify such detention to an authorised officer of the relevant enforcement authority..24For regulation 28, substitute—Powers of entry281An authorised officer of the Scottish Ministers or an enforcement agency may enter any premises during normal working hours without prior notice at a reasonable hour (except any premises used wholly or mainly as a private dwelling) if the officer believes that it is necessary to enter for the purpose of enforcing these Regulations.2An authorised officer must, if requested to do so, produce a duly authenticated authorisation document.3A justice of the peace, sheriff or summary sheriff may sign a warrant to permit an enforcement officer to enter any premises, including dwelling-houses, if necessary by reasonable force, if the justice, sheriff or summary sheriff on sworn information in writing is satisfied—athat there are reasonable grounds to enter those premises for the purpose of enforcing these Regulations; andbthat one or more of the conditions in paragraph (4) are met.4The conditions are—athat entry to the premises has been, or is likely to be, refused, and notice of the intention to apply for a warrant has been given to the occupier;bthat asking for admission to the premises, or giving such a notice, would defeat the object of the entry;cthat entry is required urgently;dthat the premises are unoccupied or the occupier is temporarily absent.5A warrant is valid for 30 days from the date of signature.6An authorised officer entering any premises which are unoccupied or from which the occupier is temporarily absent must leave them as effectively secured against unauthorised entry as they were before entry.7An authorised officer may—abe accompanied by such other persons (up to a maximum of three) as the officer considers necessary;bbring onto the premises such equipment as the officer considers necessary..25In regulation 29—ain paragraph (f), after “inspect the contents;” omit “and”;bafter paragraph (g) insert—hrequire the slaughter of any imported animal which is non-compliant with import or animal welfare requirements in these Regulations or the EU Regulation, or suspected by the Scottish Ministers of posing a risk to animal or human health; andirequire the quarantine of any imported animal that is suspected by the Scottish Ministers of posing a risk to animal or human health;.26For regulation 30, substitute—Importation of animals and products constituting a risk to animal or public health301If imported animals or products are suspected by the Scottish Ministers of constituting a serious risk to human or animal health or animal welfare, or, in the case of suspected non-compliance, the animals or products come from a region contaminated by an epizootic disease, an authorised officer of the Scottish Ministers may require—aan investigation in order to confirm or eliminate that suspicion;ban investigation into the extent of any suspected non-compliance and to establish the import operator's responsibilities;cintensified official controls on consignments of animals or products from a particular region until such imports are no longer regarded by the officer of constituting such health risk;dthe official detention of animals or products;eappropriate measures to ensure that the person responsible for the animals or products remedies the non-compliance and prevents further occurrences of such non-compliance.2In a case within paragraph 1(a), the importer must assist the officer in establishing the region of origin.3Where the Scottish Ministers are satisfied that imported animals or products constitute a risk to animal or public health, an authorised officer of the Scottish Ministers may, following written notice, take any reasonable action to ensure compliance with any rules laid down in accordance with Article 1(2) of the EU Regulation, including—ataking samples for testing and order or performed veterinary treatments on animals;bordering the unloading of animals and their transfer via another means of transport to a specified holding for a specified quarantine period (whether or not involving the postponement of the slaughter of animals);cthe slaughter or killing of animals provided that this is the most appropriate measure to safeguard human health as well as animal health and welfare;drestricting or prohibiting the placing on the market, the movement or the export of the animal or product, or requiring its return to the country of dispatch;eordering the importer to increase the frequency and thoroughness of systematic checks and controls before importing further animals or products from the region;fordering the isolation or closure, for an appropriate period of time, of all or part of a business operation (including any related internet and on-line sales of products that may constitute a risk to animal or human health) affected by the importation of an animal or product that constitutes a risk to animal or human health;gthe recall, withdrawal, removal or destruction of products;hthe treatment of products for human consumption;ithe alteration of labels or corrective information to be provided to consumers;jthe temporary suspension or withdrawal of the registration or approval of an affected establishment, plant, holding or means of transport concerned or of an authorisation of a transporter;kthe use of products for purposes other than those for which they were originally intended.4An authorised officer of the Scottish Ministers must provide an affected business operator, or its representative, with—awritten notification of the decision concerning the action or measure to be taken in accordance with this regulation, together with the reasons for that decision; andbinformation on any right of review against such decision in accordance with regulation 30A.5All expenditure incurred as a result of actions taken by or on behalf of the Scottish Ministers under this regulation is to be borne by the responsible operators.6In the case of the issue of false or misleading official certificates in Scotland, or where there is evidence of abuse of official certificates, an authorised officer of the Scottish Ministers may take appropriate measures, including—athe temporary suspension of the certifying officer from certifying any certificates related to any relevant trade;bthe withdrawal of the authorisation of a person to sign official certificates; andcany other measure believe by the officer to be necessary to prevent a reoccurrence of any non-compliance or abuse..27After regulation 30, insert—Review of decisions by an appointed person30A1Any person aggrieved by a decision made under these Regulations, other than decisions referred to in regulations 18 or 21, may request a review of that decision by a person appointed by the Scottish Ministers (“the appointed person”).2Within 21 days of the appointment of the appointed person, written representations may be made by the aggrieved person to the appointed person.3The appointed person must consider any written representations made when reviewing the disputed decision and must report in writing to the Scottish Ministers 21 days from the expiry of the period in (2) with a recommended course of action resulting from the review.4The Scottish Ministers must consider the report of the appointed person and promptly notify the owner of the outcome of the review and provide a copy of the report of the appointed person.5A review, or right of review, does not affect the obligation on the designated authority to take prompt action to eliminate or contain the risks to human or animal health..28In regulation 33—aafter the words “these Regulations” in each place where they occur insert “ or the EU Regulation ”;bin the second row of the table —iin the first column, for “regulation 5(1)(b)” substitute “ regulation 5(1) and (1A) ”, andiiin the second column, for the description of the offence substitute “ Movements without correct accompanying document ”.29For regulation 36, substitute—Penalties36A person who is guilty of any offence under these Regulations is liable—aon summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both; orbon conviction on indictment, to imprisonment for a term not exceeding 2 years, to a fine, or to both..30In schedule 1—aomit the rows relating to—iCouncil Directive 96/23/EC on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC;iiCommission Regulation (EC) No 136/2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries;iiiRegulation (EC) No 854/2004 of the European Parliament and the Council laying down specific hygiene rules for the organisation of official controls on products of animal origin intended for human consumption;ivRegulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules;vRegulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed;bafter the item ‘Regulation (EU) 2016/1012’—iin the first column, insert—Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products and the Implementing Regulations and Delegated Regulations made under it; andiiin the second column, insert—Official controls and other official activities.31In schedule 2—ain the title to Part 1, for “between” substitute “ with ”;bin paragraph 2—iomit sub-paragraph (1);iifor sub-paragraph (2) substitute—2No person may transport cattle, pigs, sheep or goats to a member State unless authorised by the Scottish Ministers in accordance with Article 11 of Council Regulation 1/2005.;cin paragraphs 3 and 4(4), for “between” substitute “ with ”;din paragraph 6, for “another member State, or brought into Scotland from another”, substitute “ a member State, or brought into Scotland from a ”;ein paragraph 8(1), after the words “authority for”, insert “ the import of certain birds and quarantine conditions for the purposes of ”;ffor paragraph 10, substitute—Ship supply101A product that does not comply with import requirements and is sent from a border control post to a ship must be accompanied by the relevant health certificate relating to that product, and the master of the vessel must confirm delivery of the product by signing a certificate which must accompany the consignment to its place of destination.2Within 15 days upon completion of delivery of products by ship, the operator responsible for the delivery, or the representative of the master of the vessel must return the counter-signed official certificate (or send via electronic means and systems) to the competent authorities of the border control post of —aentry; orbthe approved Customs warehouse.;gomit paragraph 11.32In schedule 3—afor paragraph 1, substitute—Case 1: Personal imports and small consignments11Products referred to in Articles 7 and 10 of Commission Delegated Regulation made in accordance with Article 48(d) and (e) of the EU Regulation.;bfor paragraph 3, substitute—Case 3: Research and diagnostic samples31Subject to sub-paragraph (2), research and diagnostic samples as defined in point (38) of Annex 1 to Regulation (EU) No 142/2011 are exempt from veterinary checks at the border control post provided that they have been authorised in advance by the Scottish Ministers and the consignment is sent directly from the point of entry to the authorised user.2Where research and diagnostic samples are in transit to a member State—athe importer (or a representative) must present the samples at a border control post of entry; andbthe competent authority of the post must inform the competent authority of the member State of destination of the arrival of the samples, through the Integrated Management System for Official Controls.;cin paragraph 4, in the heading and in the paragraph for “another member State” substitute “ a member State ”;dparagraph 5(1) omit “Annex II to”;eafter paragraph 6, insert—Case 7: Invertebrate animals intended for scientific purposes71Invertebrate animals intended for scientific purposes such as research, educational activities or research related to product development activities are exempt from official controls at border control posts (other than controls carried out in accordance with Article 15(2) of Regulation (EU) No 1143/2014 provided that—athey comply with all requisite animal health requirements;bthey have been authorised by the Scottish Ministers; andcwhen the activities relating to the scientific purposes have been carried out, they and any products derived from them (with the exception of any portions used for the scientific purposes) are disposed of or re-dispatched to the third country of origin.2Paragraph (1) does not apply to honey bees (Apis mellifera), bumble bees (Bombus species), molluscs belonging to the phylum Mollusc or crustaceans belonging to the subphylum Crustacea..Amendment to the Animal Health (Miscellaneous Fees) (Scotland) Regulations 201825. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Amendment to the Welfare of Animals at the Time of Killing (Scotland) Regulations 201226In regulation 3(1)(b)(iii) of the Welfare of Animals at the Time of Killing (Scotland) Regulations 2012 , for “Article 22(1)” substitute “ Article 138 of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.Amendment to the Beef and Pig Carcase Classification (Scotland) Regulations 201027In regulation 2(1) of the Beef and Pig Carcase Classification (Scotland) Regulations 2010 , in the definition of “bovine carcase”, for the words from “provided for in” to “consumption” substitute “ as defined in Article 3(51) of the Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ”.Amendment to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010281The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 are amended as follows.2In regulation 2—ain the definition of “cutting plant” for “Article 31(2) of Regulation (EC) No 882/2004”, substitute “ Article 148 of Regulation (EU) 2017/625 ”;bfor the definition of “Regulation (EC) No. 882/2004”, substitute —“Regulation (EU) 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare, plant health and plant protection products ;cin the definition of “slaughterhouse” for “Article 31(2) of Regulation (EC) No 882/2004 (registration/approval of feed and food business establishments)”, substitute “ Article 148 of Regulation (EU) 2017/625 ”.3In schedule 1 in paragraph (d) for “Regulation (EC) 882/2004”, substitute “ Regulation (EU) 2017/625 ”.4In schedule 7, in paragraph 9(4) for “Article 31(2) of Regulation 882/2004 (registration/approval of feed and food business establishments)” substitute “ Article 148 of Regulation (EU) 2017/625 ”. PART 6 RevocationRevocation29The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 are revoked.MAIRI GOUGEON Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh

(This note is not part of these Regulations)

These Regulations implement in part Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of feed and food law, rules on animal health and welfare and plant health and plant protection products (OJ No L 95, 7.4.2017, p. 1).

Regulation (EU) 2017/625 applies from 14 December 2019, which is the coming into force date of these Regulations.

These Regulations make provision in respect of official controls and other official activities at border control posts, and for related matters including consequential amendments to other implementing legislation. They revoke the Official Controls (Animals, Feed and food) (Scotland) Regulations 2007 (S.S.I. 2007/91).

These Regulations apply in respect of [genetically modified organisms for the purposes of feed and food production, animal health requirements, prevention and minimisation of risks to human and animal health from animal by-products and derived products, and welfare requirements for animals. The do not apply to feed and food law, or plant health and plant protection products

Part 1 provides for interpretation, for the designation of competent and designated authorities for the purposes of Regulation (EU) 2017/625, and for disclosure of information.

Part 2 provides for audits to be undertaken of official controls and other official activities in accordance with the Regulation (EU) 2017/625.

Part 3 provides for assistance and co-operation under Title IV of Regulation (EU) 2017/625, and for recovery of expenses.

Part 4 provides for enforcement and penalties.

Part 5 provides for consequential amendments as a result of the application of the Regulation (EU) 2017/625.

Part 6 revokes the Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 (S.S.I. 2007/91).

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

1972 c. 68. 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 European Communities Act 1972, 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).OJ No L 95, 7.04.2017, p. 1.S.S.I. 2009/446 as last amended by S.S.I. 2019/407.S.S.I. 2012/321 as last amended by S.S.I. 2015/161.S.S.I. 2006/44 as last amended by S.S.I. 2019/71.OJ No L 95, 7.04.2017, p. 1.S.S.I. 2006/45 as last amended by S.S.I. 2019/71.OJ No L 95, 7.04.2017, p. 1.S.S.I. 2007/62, as last amended by S.S.I. 2019/71.S.S.I. 2007/61, as last amended by S.S.I. 2019/71.OJ No L 95, 7.04.2017, p. 1.S.S.I. 2006/606, to which there are amendments not relevant to these Regulations.S.S.I. 2010/388, as last amended by S.S.I. 2019/221.OJ No L 95, 7.04.2017, p. 1.S.S.I. 2009/85 as last relevantly amended by S.S.I. 2012/177.S.S.I. 2012/177, as last amended by S.S.I. 2019/71.OJ No L 255, 4.10.2019, p. 1.OJ No L 54, 26.2.2011, p. 1, as last amended by OJ No L 185, 11.7.2019, p. 26.OJ No. L 3, 5.1.2005, p. 1.OJ No L 76, 16.3.2007, p. 12.OJ No L 95, 7.04.2017, p. 1.OJ No L 95, 7.4.2017, p. 1.OJ No L 84, 31.3.2016, p.1.OJ No L 261, 14.10.2019, p. 37.OJ No L 165, 21.6.2019, p. 8.OJ No L 250, 30.7.2019, p. 6.OJ No L 95, 7.04.2017, p. 1.OJ No L 54, 26.2.2011, p. 1, as last amended by OJ No L 185, 11.7.2019, p. 26.OJ No L 317, 4.11.2014, p. 35.S.S.I. 2012/321, as last amended by S.S.I 2019/34.OJ No L 95, 7.4.2017, p. 1.S.S.I. 2010/330, as last amended by S.S.I. 2019/34.S.S.I. 2010/177 as last amended by S.S.I. 2019/118.OJ No L 95, 7.04.2017, p. 1.S.S.I. 2007/91 as last amended by S.S.I. 2019/288.Reg. 1 in force at 14.12.2019, see reg. 1(1)Reg. 2 in force at 14.12.2019, see reg. 1(1)Reg. 3 in force at 14.12.2019, see reg. 1(1)Reg. 4 in force at 14.12.2019, see reg. 1(1)Reg. 5 in force at 14.12.2019, see reg. 1(1)Reg. 6 in force at 14.12.2019, see reg. 1(1)Reg. 7 in force at 14.12.2019, see reg. 1(1)Reg. 8 in force at 14.12.2019, see reg. 1(1)Reg. 9 in force at 14.12.2019, see reg. 1(1)Reg. 10 in force at 14.12.2019, see reg. 1(1)Reg. 11 in force at 14.12.2019, see reg. 1(1)Reg. 12 in force at 14.12.2019, see reg. 1(1)Reg. 13 in force at 14.12.2019, see reg. 1(1)Reg. 14 in force at 14.12.2019, see reg. 1(1)Reg. 15 in force at 14.12.2019, see reg. 1(1)Reg. 16 in force at 14.12.2019, see reg. 1(1)Reg. 17 in force at 14.12.2019, see reg. 1(1)Reg. 18 in force at 14.12.2019, see reg. 1(1)Reg. 19 in force at 14.12.2019, see reg. 1(1)Reg. 20 in force at 14.12.2019, see reg. 1(1)Reg. 21 in force at 14.12.2019, see reg. 1(1)Reg. 22 in force at 14.12.2019, see reg. 1(1)Reg. 23 in force at 14.12.2019, see reg. 1(1)Reg. 24 in force at 14.12.2019, see reg. 1(1)Reg. 26 in force at 14.12.2019, see reg. 1(1)Reg. 27 in force at 14.12.2019, see reg. 1(1)Reg. 28 in force at 14.12.2019, see reg. 1(1)Reg. 29 in force at 14.12.2019, see reg. 1(1)Words in reg. 2 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(2)(a)Words in reg. 2(1) omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(2)(b)Words in reg. 4 omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(3)(a)Words in reg. 4 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(3)(b)Words in reg. 5(1) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(4)Words in reg. 7(1) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(5)Words in reg. 9(1) omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(a)Reg. 9(2) omitted (31.12.2020) by virtue of The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(b)Words in reg. 11 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(7)Words in reg. 12(1) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(8)Words in reg. 13 substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(9)Words in reg. 9(3) substituted (31.12.2020) by The Animal Health and Welfare and Official Controls (Agriculture) (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/380), regs. 1(3), 4(6)(c)Reg. 25 revoked (1.7.2023) by The Animal By-Products and Animal Health (Miscellaneous Fees) (Scotland) Regulations 2023 (S.S.I. 2023/198), regs. 1(1), 11(c)