The Food Hygiene (Scotland) Amendment Regulations 2010

Made: 25th February 2010

Laid before the Scottish Parliament: 26th February 2010

Coming into force: 13th April 2010

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[^f00002].

Citation and commencement

1

These Regulations may be cited as the Food Hygiene (Scotland) Amendment Regulations 2010 and come into force on 13thApril 2010.

Amendments to the Food Hygiene (Scotland) Regulations 2006

2

• (1) The Food Hygiene (Scotland) Regulations 2006[^f00003] are amended as follows.

• (2) In paragraph (1) of regulation 2 (interpretation) for the definitions of the EU instruments appearing after the definition of “the Community Regulations” substitute—

“Decision 2006/766”, “Decision 2009/951”, “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 2076/2005”, “Regulation 1662/2006”, “Regulation 1663/2006”, “Regulation 1664/2006”, “Regulation 1666/2006”, “Regulation 1791/2006”, “Regulation 479/2007”, “Regulation 1243/2007”, “Regulation 1244/2007”, “Regulation 1245/2007”, “Regulation 1246/2007”, “Regulation 1441/2007”, “Regulation 439/2008”, Regulation 1250/2008”, “Regulation 146/2009”, “Regulation 219/2009”, “Regulation 596/2009”, and “Regulation 669/2009” have the meanings respectively given to them in Schedule 1;

• (3) For regulation 17 (offences and penalties) substitute—

(17) (1) Subject to paragraphs (4) to (8), any person who contravenes or fails to comply with any of the specified Community provisions is guilty of an offence. (2) Subject to paragraph (3), a person guilty of an offence under these Regulations is liable— (a) on summary conviction to a fine not exceeding the statutory maximum; or (b) on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both. (3) A person guilty of an offence under regulation 15 shall be 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. (4) Provided the requirements of Schedule 3 are complied with, a person shall be considered not to have contravened or failed to comply with Article 4(2) of Regulation852/2004 as read with paragraph 4 of Chapter IV of Annex II to that Regulation (bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs). (5) Provided the requirements of Schedule 3A are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption). (6) Provided the requirements of Schedule 3B are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption). (7) Provided the requirements of Schedule 3C are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport for livestock unless the competent authority permits them not to have such places and official authorised places and facilities exist nearby). (8) Provided the requirements of Schedule 3D are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6(b) of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport unless officially authorised places and facilities exist nearby).

• (4) For Schedule 1 (definitions of Community legislation) substitute the Schedule set out in Schedule 1 to these Regulations.

• (5) After Schedule 3 (bulk transport in sea-going vessels of liquid oils or fats or of raw sugar) insert the Schedules set out in Schedule 2 to these Regulations.

Revocation

3

The Food Hygiene (Scotland) Amendment Regulations 2007[^f00004] are revoked.

SCHEDULE 1 — SCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FOOD HYGIENE (SCOTLAND) REGULATIONS 2006

SCHEDULE 2 — SCHEDULES INSERTED AFTER SCHEDULE 3 TO THE FOOD HYGIENE (SCOTLAND) REGULATIONS 2006

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 25th February 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

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 by providing that when certain requirements are complied with a person shall be considered not to have contravened or failed to comply with specified provisions of Regulation (EC) No.853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin.

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 regulation2 (interpretation) (regulation 2(2)); and

• (b) substituting a revised Schedule1 (definitions of EU legislation) for the existing Schedule1 (regulation 2(4)).

These Regulations also amend the 2006 Regulations to provide that when certain requirements are complied with a person shall be considered not to have contravened or failed to comply with specified provisions of Regulation (EC) No.853/2004 by substituting a revised regulation 17 (offences and penalties) and inserting new Schedules (regulation 2(3) and (5)).

The specified provisions of EU legislation and the related requirements that must be complied with if a person is to be considered not to have contravened or failed to comply with them are set out in the following paragraphs together with the relevant provision of revised regulation 17—

• (a) Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 5 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption) and the related requirements are set out in new Schedule 3A (new regulation 17 (5));

• (b) Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 5 of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption) and the related requirements are set out in new Schedule 3B (new regulation 17(6));

• (c) Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 6 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport for livestock unless the competent authority permits them not to have such places and official authorised places and facilities exist nearby) and the related requirements are set out in new Schedule 3C (new regulation 17(7));

• (d) Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 6(b) of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport unless officially authorised places and facilities exist nearby) and the related requirements are set out in new Schedule 3D (new regulation 17(8)).

These Regulations also revoke the Food Hygiene (Scotland) Amendment Regulations 2007 (regulation 3).

These Regulations contain certain provisions which constitute a “technical regulation” within the meaning of Directive 98/34/EC laying down a procedure for the provision of information in the field of technical standards and regulations. The provisions were notified in draft to the European Commission in accordance with that Directive.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6thFloor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Footnotes

[^f00001]: 1972 c.68 (“the 1972 Act”) type=start slip=2011-01-01 time=1294757745953as amended by the Legislative and Regulatory Reform Act 2006 (c.51) and the European Union (Amendment) Act 2008 (c.7)type=end slip=2011-01-01 time=1294757745953. Section2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule8, paragraph15(3). The functions conferred on the Minister of the Crown under section2(2) of the 1972 Act, so far as within devolved competence were transferred to the Scottish Ministers by virtue of section53 of the 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I.2005/849).

[^f00002]: O.J. No. L31, 1.2.02, p.1 as amended by Regulation (EC) No.1642/2003 of the European Parliament and of the Council (O.J. No.L245, 29.9.2003, p.4), Commission Regulation (EC) No.575/2006 (O.J. No.L100, 8.4.2006, p.3), Commission Regulation (EC) No. 202/2008 (O.J. No. L60, 5.3.2008, p.17) and Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. No. L188, 18.7.2009, p.14).

[^f00003]: S.S.I.2006/3 as amended by S.S.I.2007/11.

[^f00004]: S.S.I. 2007/11.

[^f00005]: O.J. No. L320, 18.11.2006, p.53.

[^f00006]: O.J. No. L328, 15.12.2009, p.70.

[^f00007]: O.J. No. L 157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (O.J. No. L 195, 2.6.2004, p.12).

[^f00008]: O.J. No.L 31, 1.2.2002, p.1.

[^f00009]: O.J. No.L 139, 30.4.2004, p.1. The revised text of Regulation (EC) No.852/2004 is now set out in a Corrigendum (O.J.No.L 226, 25.6.2004, p.3) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.26).

[^f00010]: O.J. No.L 139, 30.4.2004, p.55. The revised text of Regulation (EC) No.853/2004 is now set out in a Corrigendum (O.J.No.L 226, 25.6.2004, p.22) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.26).

[^f00011]: OJ No.L139, 30.4.2004, p.206. The revised text of Regulation (EC) No.854/2004 is now set out in a Corrigendum (OJ No.L226, 25.6.2004, p.83) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26).

[^f00012]: O.J. No. L 165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J.No.L191, 28.5.2004, p.1) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.29).

[^f00013]: O.J. No. L 271, 15.10.2005, p.17.

[^f00014]: O.J. No. L 338, 22.12.2005, p.1, as read with the corrigenda at O.J. No. L 278, 10.10.2006, p.32 and O.J. No. L 283, 14.10.2006, p.62.

[^f00015]: O.J. No. L 338, 22.12.2005, p.27.

[^f00016]: OJ No. L338, 22.12.2005, p.60.

[^f00017]: O.J. No. L 338, 22.12.2005, p.83.

[^f00018]: O.J. No. L 320, 18.11.2006, p.1.

[^f00019]: O.J. No. L 320, 18.11.2006, p.11.

[^f00020]: O.J. No. L 320, 18.11.2006, p.13.

[^f00021]: O.J. No. L 320, 18.11.2006, p.47.

[^f00022]: O.J. No. L 363, 20.12.2006, p.1.

[^f00023]: O.J. No. L 111, 28.4.2007, 46.

[^f00024]: O.J. No. L 281, 25.10.2007, p.8.

[^f00025]: O.J. No. L 281, 25.10.2007, p.12.

[^f00026]: O.J. No. L 281, 25.10.2007, p.19.

[^f00027]: O.J. No. L 281, 25.10.2007, p.21.

[^f00028]: O.J. No. L 322, 7.12.2007, p.12.

[^f00029]: O.J. No. L 132, 22.5.2008, p.16.

[^f00030]: O.J. No. L 337, 16.12.2008, p.31.

[^f00031]: O.J. No. L 50, 21.2.2009, p.3.

[^f00032]: O.J. No. L 87, 31.3.2009, p.109.

[^f00033]: O.J. No. L 188, 18.7.2009, p.14.

[^f00034]: O.J. No. L 194, 25.7.2009, p.11.

[^f00035]: type=start slip=2011-01-01 time=1294757882596S.I. 1995/539, revoked as regards Scotland by S.S.I. 2005/505.type=end slip=2011-01-01 time=1294757882596

[^f00036]: O.J. No. L147, 31.5.2001, p.1.

[^f00037]: O.J. No. L87, 31.3.2009, p.155.

[^f00038]: O.J. No. L155, 15.6.2007, p.74.

[^f00039]: OJ No. L172, 30.6.2007, p.84.

[^f00040]: OJ No. L256, 29.9.2009, p.35.

[^f00041]: OJ No. L35, 6.2.2010, p.21.

[^f00042]: S.I. 1995/540, revoked by S.S.I. 2005/505.