The Official Feed and Food Controls (Scotland) Regulations 2009

[^key-421e515c466c2a5bb7d518d9a87b54dc]: Word in reg. 28(1)(c) 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), 7(10)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-6dc7430bb31d904c8a77afbd5b038b16]: Reg. 28(1)(d) 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), 7(10)(d); 2020 c. 1, Sch. 5 para. 1(1)

[^key-270ab75c8adedd9e90b301430f9c81c8]: Reg. 35 omitted (31.12.2020) by virtue of The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 3(2) (with reg. 3(4))

[^key-e055d8724626043157db8f55f18d052c]: Reg. 41(1)(ba) inserted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 3(3)(b)

[^key-fbe15d56ae948100084765ee019b2a14]: Words in reg. 41(1)(b) substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 3(3)(a)

[^key-d386357aa845551738da01c2dd936cfb]: Reg. 3A inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(4)

[^key-2933451d636c2968a6eb8cceee737257]: Reg. 53 inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(7)

[^key-c435321234366f668e24f8080e408368]: Words in sch. 4 Table omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(8)

[^key-78b342cf250ecb84df8522125286a55d]: Words in reg. 2(1) inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(2)(a)

[^key-334417661707742d4e289e601d27aefa]: Words in reg. 2(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(2)(b)

[^key-e0502c8419328a49175b6c91a70a0a29]: Words in reg. 2(1) inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(2)(c)

[^key-e4fc0a49ce22cba994287f5374fb1d07]: Reg. 3(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(3)(a)

[^key-67ddbd22bc86f77a75dc1a5b7312981a]: Reg. 3(2) omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(3)(b)

[^key-e17c4239ce284c81331319c45b8e0120]: Words in reg. 6(1) omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(5)(a)

[^key-72e8a046a67f3f3c200aad6f590832a1]: Words in reg. 6(2) omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(5)(b)

[^key-93782779cb23d40c20ac0f8eb06cc6d2]: Words in reg. 6(3) omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(5)(c)

[^key-6f0f3b83ae04cad54fb6836561873c75]: Reg. 23(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(6)(a)

[^key-d2d0ce8cc866a6b58d93eaee7485b3e0]: Reg. 23(3) omitted (1.4.2021) by virtue of The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 6(6)(b)

[^key-5b3847e1700370a95ad5ceb99bef2bf5]: Word in reg. 4(4) 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. 17

[^M_F_6dd2a2b9-fcb2-40cc-bda5-1821374fc96e]: Words in sch. 2 para. (f) substituted (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 16(2)

Withdrawal and suspension of border control posts

Notices in relation to imports of feed and food from third countries pursuant to regulation 31

The Regulation 2017/625 package

Implementing Regulations

• “Regulation 2018/329” means Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfare,

• “Regulation 2019/66” means Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods,

• “Regulation 2019/530” means Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmas,

• “Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists,

• “Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls,

• “Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates,

• “Regulation 2019/723” means Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member States,

• “Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union,

• “Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points,

• “Regulation 2019/1715” means Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components,

• “Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660,

• “Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products,

Delegated Regulations

• “Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants,

• “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts,

• “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council,

• “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption,

• “Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts,

• “Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control posts,

• “Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination,

• “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council 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.

Fees or charges arising from unplanned official controls

42B

Fees or charges imposed by a competent authority on an operator pursuant to Article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.

Expenses arising from additional official controls

Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

Border control posts

Savings for declarations

42A

Notwithstanding the revocation of regulation 35, any declaration issued under regulation 35 that applies immediately before the revocation comes into force, continues to have effect as if it was made under Article 53 of Regulation 178/2002.

Delegation by feed authority

3A

• (1) Subject to regulation 3(1), where the feed authority may delegate any function under these Regulations, it may delegate the function to any person.

• (2) Before delegating, the feed authority must consult the person to whom any delegation is to be made.

• (3) Where the feed authority delegates any function, it must specify the function and the area within which that function is to be performed.

• (4) Where the feed authority has delegated any of its functions, the feed authority may vary, suspend or cancel that delegation, in whole or in part.

• (5) The feed authority must publish and maintain an up to date register containing the details and operative date of any delegation.

Exchanging and providing information

Obtaining information

Power to issue codes of recommended practice

Monitoring of enforcement action

Power to request information relating to enforcement action

Power of entry for persons monitoring enforcement action

Meaning of “enforcement authority” and related expressions

Offences relating to regulations 8 and 9

Right of appeal

Appeal to Court of Session against dismissal of appeal under regulation 12(1)

Staff of competent authority of another member State

Commission experts

Prohibition on disclosure of trade secrets

Execution and enforcement

Powers of entry

Obstruction etc. of officers

Penalties

Time limit for prosecutions

Transitional and savings provisions applying to feed

53

• (1) The validity, effect or consequences of anything done under these Regulations as they had effect immediately before Food Standards Scotland becomes the feed authority is not affected by Food Standards Scotland becoming the feed authority.

• (2) Any inspection, investigation or legal proceedings commenced prior to Food Standards Scotland becoming the feed authority is not affected by Food Standards Scotland becoming the feed authority.

• (3) Any inspection, investigation or legal proceeding commenced prior to Food Standards Scotland becoming the feed authority may be continued after that date as if the amendments to these Regulations coming into force on that day had not been made.

• (4) Any liability to a penalty for an offence committed before Food Standards Scotland becoming the feed authority is not affected by Food Standards Scotland becoming the feed authority.

• (5) Despite the Agency becoming the feed authority, these Regulations as they had effect before that day continue to have effect for the purposes of investigating any offence referred in paragraph (4).