The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024

Made: 16th January 2024

Laid before the Scottish Parliament: 18th January 2024

Coming into force: 7th March 2024

There has been consultation as required by Article 9 of Regulation 178/2002 and as required by Article 144(7) of Regulation 2017/625.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024 and come into force on 7 March 2024.

• (2) These Regulations extend to Scotland only.

Amendment of Commission Implementing Regulation (EU) 2019/1793

2

• (1) 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[^f00003] is amended as follows.

• (2) In Article 3 (sampling and analyses)—

• (a) after paragraph (e), insert—

(ea) for food listed in Annex II due to the presence of Listeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;

• (b) in paragraph (f), for “and (e)” substitute “, (e) and (ea)”.

• (3) In Article 10(2) (results of sampling and analyses performed by the competent authorities of the third country), at the end of sub-paragraph (d), insert—

; (e) the absence of Listeria in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Listeria.

• (4) For Annex I (food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points), substitute the Annex in schedule 1 of these Regulations.

• (5) For Annex II (food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination), substitute the Annex in schedule 2 of these Regulations.

• (6) After Annex III (sampling procedures and analytical reference methods referred to in Article 3(e)), insert the Annex in schedule 3 of these Regulations.

SCHEDULE 1 — New Annex I of Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 2 — New Annex II of Commission Implementing Regulation (EU) 2019/1793

SCHEDULE 3 — New Annex IIIa of Commission Implementing Regulation (EU) 2019/1793

Signed

JENNI MINTO — Authorised to sign by the Scottish Ministers — 16th January 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend 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.

Regulation 2(2) and (3) inserts provision into Regulation (EU) 2019/1793 concerning the sampling and analyses of food and feed of non-animal origin for the hazard Listeria. Regulation 2(6) and schedule 3 make related provision through the addition of Annex IIIa of Regulation (EU) 2019/1793 which outlines the sampling procedure and analytical reference method for the control of the presence of Listeria in food.

Regulation 2(4) provides that Annex I of Regulation (EU) 2019/1793 is substituted, with amendments, with the Annex in schedule 1 which contains a list which sets out food and feed of non-animal origin from certain third countries which is subject to a temporary increase of official controls at border controls posts and control points in Great Britain.

Regulation 2(5) provides that Annex II of Regulation (EU) 2019/1793 is substituted, with amendments, with the Annex in schedule 2. The Annex in schedule 2 comprises two tables. Table 1 contains the list of food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination. Table 2 contains the list of compound food containing any of the food listed in Table 1 of Annex 2 due to the risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of those products.

An impact assessment has not been produced for this instrument as no, or no significant impact, on the public, private or voluntary sector is foreseen. A Policy Note has been published alongside this instrument at www.legislation.gov.uk.

Footnotes

[^f00001]: EUR 2002/178, as amended by S.I. 2019/641 and 2020/1504.

[^f00002]: EUR 2017/625, as amended by S.I. 2020/1481.

[^f00003]: EUR 2019/793, as amended by S.I. 2020/1631.

[^f00004]: EUR 2005/396, as amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2019/1410 and S.I. 2020/1376.

[^f00005]: EUR 2004/852; as amended by S.I. 2019/642.

[^f00006]: EUR 2005/396, as amended by S.I. 2019/557. S.I. 2019/557 was amended by S.I. 2019/1410 and S.I. 2020/1376.