Office of the Queen's Printer for Scotland

Office of the Queen's Printer for Scotland
Scottish Parliament
#

Navigation


Main menu and contents

Supplementary menus and contents

Related Pages
Feeds

Page 1 of 6

Next

First page 1 2 3 4 5 6 Last page

Scottish Statutory Instruments

2007 No. 522

AGRICULTURE

FOOD

The Official Feed and Food Controls (Scotland) Regulations 2007

Made

21st November 2007

Laid before the Scottish Parliament

22nd November 2007

Coming into force

14th December 2007

CONTENTS

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation, commencement and extent

    2. 2. Interpretation

  2. PART 2

    MAIN PROVISIONS

    1. 3. Appointment of authorised officers

    2. 4. Competent authorities

    3. 5. Exchanging and providing information

    4. 6. Obtaining information

    5. 7. Power to issue codes of recommended practice

    6. 8. Monitoring of enforcement action

    7. 9. Power to request information relating to enforcement action

    8. 10. Power of entry for persons monitoring enforcement action

    9. 11. Meaning of “enforcement authority” and related expressions

    10. 12. Offences relating to regulations 9 and 10

    11. 13. Right of appeal

    12. 14. Appeal to Court of Session against dismissal of appeal under regulation 13(1)

    13. 15. Staff of competent authority of another member State

    14. 16. Commission experts

    15. 17. Prohibition on disclosure of trade secrets

    16. 18. Execution and enforcement

    17. 19. Powers of entry

    18. 20. Obstruction etc. of officers

    19. 21. Penalties

    20. 22. Time limit for prosecutions

  3. PART 3

    OFFICIAL CONTROLS ON FEED AND FOOD OF NON-ANIMAL ORIGIN FROM THIRD COUNTRIES

    1. 23. Interpretation of this Part of these Regulations

    2. 24. Feed enforcement responsibilities

    3. 25. Food enforcement responsibilities

    4. 26. Deferred execution and enforcement

    5. 27. Prohibition on introduction of certain feed and food

    6. 28. Checks on products

    7. 29. Detention, destruction, special treatment, re-dispatch and other appropriate measures and costs

    8. 30. Notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)

    9. 31. Right of appeal in respect of notices served under regulation 30

    10. 32. Appeal to Court of Session against dismissal of appeal under regulation 31

    11. 33. Serious risk to animal or public health

    12. 34. Liability for Charges

    13. 35. Procurement by authorised officers of samples with regard to food

    14. 36. Analysis etc. of samples

    15. 37. Powers of entry of authorised officers of a food authority

    16. 38. Obstruction etc. of officers (imports)

    17. 39. Offences and penalties

    18. 40. Time limit for prosecution (imports)

  4. PART 4

    RECOVERY OF EXPENSES

    1. 41. Expenses arising from additional official controls

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

  5. PART 5

    ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

    1. 43. Offences due to fault of another person

    2. 44. Defence of due diligence

    3. 45. Offences by bodies corporate

    4. 46. Offences by Scottish partnerships

    5. 47. Protection of officers acting in good faith

    6. 48. Service of documents

    7. 49. Revocation and savings

    1. SCHEDULE 1

      DEFINITIONS OF COMMUNITY LEGISLATION

    2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

    3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

    4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

    5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Go to Explanatory Note

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1) and all other powers enabling them to do so.

There has been a 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 (2).

(1)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998, Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), s27(1). The functions conferred on the Minister of the Crown under section 2(2) of the 1972 Act, in so far as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). In so far as not transferred, 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) and by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2006 (S.I. 2006/304). Back [1]

(2)

O.J. No. L 31, 1.2.02, p.1. The Regulation was amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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 (O.J. No. L 245, 29.9.03, p.4) and by Commission Regulation (EC) 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (O.J. No. L 100, 8.4.06, p.3.). Back [2]

Page 1 of 6

Next

First page 1 2 3 4 5 6 Last page