The Charges for Residues Surveillance Amendment (Scotland) Regulations 2024

Made: 27th August 2024

Laid before the Scottish Parliament: 29th August 2024

Coming into force: 1st October 2024

In accordance with 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[^f00003], there has been an open and transparent public consultation.

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Charges for Residues Surveillance Amendment (Scotland) Regulations 2024 and come into force on 1 October 2024.

• (2) These Regulations extend to Scotland only.

Amendments to the Charges for Residues Surveillance Regulations 2006

2

• (1) The Charges for Residues Surveillance Regulations 2006[^f00004] are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “carcase” insert—

• “competent authority” has the meaning given in Article 3(3)(a) of the Official Controls Regulation;

• (b) after the definition of “milk” insert—

• “the Official Controls Regulation” 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 food and feed law, rules on animal health and welfare, plant health and plant protection products[^f00005]

• (3) In regulation 3 (liability for and recovery of charges for residues surveillance)—

• (a) for paragraph (1), substitute—

(1) In respect of costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority shall, except where paragraph (7) applies— (a) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with 1 October 2024 and ending with 31 March 2025, charge the amount specified in the corresponding entry in the second column of that Schedule; and (b) for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after 1 April 2025, charge the amount specified in the corresponding entry in the third column of that Schedule.

• (b) in paragraph (2)—

• (i) for “the Secretary of State” substitute “a competent authority”,

• (ii) for “him” in both places it occurs substitute “the competent authority”,

• (c) in paragraph (5)—

• (i) for “The Secretary of State” substitute “A competent authority”,

• (ii) for “he” substitute “the competent authority”,

• (iii) for “his” substitute “the”,

• (d) in paragraph (6)—

• (i) for “If the Secretary of State” substitute “If a competent authority”,

• (ii) for “he” substitute “the competent authority”,

• (iii) in subparagraph (c) for “he” substitute “the competent authority”,

• (e) in paragraph (8)—

• (i) for “the Secretary of State” substitute “a competent authority”,

• (ii) for “his agent” substitute “the competent authority’s agent”,

• (iii) for “his inspection” substitute “the inspection”,

• (f) in paragraph (9)—

• (i) for “Secretary of State” substitute “competent authority”,

• (ii) in subparagraph (c) for “he will” substitute “the competent authority will”.

• (4) In regulation 4 (information, offences and enforcement)—

• (a) in paragraph (1)—

• (i) for “the Secretary of State” substitute “a competent authority”,

• (ii) in subparagraph (a) for “Secretary of State” substitute “competent authority”,

• (iii) in subparagraph (b)—

• (aa) for “Secretary of State” substitute “competent authority”,

• (bb) for “him” substitute “the competent authority”,

• (b) in paragraph (3)—

• (i) for “the Secretary of State” substitute “a competent authority”,

• (ii) for “him” substitute “the competent authority”,

• (c) for paragraph (4) substitute—

(4) These Regulations shall be enforced by— (a) the Scottish Ministers, (b) Food Standards Scotland, or (c) the food authority, where they are the competent authority.

• (5) For Schedule 1[^f00006] substitute—

SCHEDULE 1

Signed

JIM FAIRLIE — Authorised to sign by the Scottish Ministers — 27th August 2024

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Charges for Residues Surveillance Regulations 2006 (S.I. 2006/2285).

Amendments are made to regulations 2, 3 and 4 of the 2006 Regulations to allow costs incurred in carrying out the inspections and controls in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances to be recoverable by the competent authority performing the official controls.

These amendments also vary the fees required to be paid in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances.

Changes to fees are itemised in the table below.

Footnotes

[^f00001]: 1990 c.16. Section 6(4) was amended by paragraph 6 of schedule 9 of the Deregulation and Contracting Out Act 1994 (c. 40), S.I. 2002/794 and paragraph 10(3) of schedule 5 of the Food Standards Act 1999 (c.28) (“the 1999 Act”). Sections 45(1) and 48 were amended by paragraphs 7, 8, 20 and 21 of schedule 5 of the 1999 Act. Amendments made byschedule 5of the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of theScotland Act 1998 (c.46)by virtue ofsection 49(2)of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue ofsection 53of theScotland Act 1998. In so far as not transferred, those functions were transferred to the Scottish Ministers by theScotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005(S.I. 2005/849).

[^f00002]: Subsection (4A) was inserted into section 48 of the 1990 Act by paragraph 21 of schedule 5 of the 1999 Act.

[^f00003]: EUR 2002/178, to which there are amendments not relevant to these Regulations.

[^f00004]: S.I. 2006/2285, amended by S.I. 2007/2439, S.I. 2008/2999, S.I. 2009/2779 and S.I. 2011/2945.

[^f00005]: EUR 2017/625. Article 3(3)(a) was relevantly amended by S.I. 2020/1481 and S.I. 2022/1315.

[^f00006]: Schedule 1 was substituted by S.I. 2011/2945.