The Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

[^key-2bbcc21733f68744787721238a7efbf0]: Reg. 24(13) substituted (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(4)

[^key-7ec4d7958765e7a42cd53d4f07a41dab]: Words in reg. 35(1)(3) inserted (23.11.2010) by virtue of The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(5)

[^key-68dc335331895a5e6f89182ad93058f4]: Words in reg. 36(1) inserted (23.11.2010) by The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(5)

[^key-36a40522f8bd2e47e5da5b8588c72eee]: Words in reg. 15(2)(b) omitted (23.11.2010) by virtue of The Animal Feed (Scotland) Regulations 2010 (S.S.I. 2010/373), regs. 1, 15(3)

[^key-6283f9f3a2ffa915dfb356c39fe77861]: Sch. 2 substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), reg. 1, sch. 1

[^key-e991c203dc65a645f72b45ec5c58978a]: Reg. 2(5) inserted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 2(2)(b)

[^key-63791e6a55224beacb02474b60a5442e]: Words in reg. 2(1) substituted (12.1.2014) by The Feed (Hygiene and Enforcement) and Animal Feed (Scotland) Amendment Regulations 2013 (S.S.I. 2013/340), regs. 1, 2(2)(a)

[^key-9d47ddb7f82bc79cf084fc3ce49f6b62]: Words in sch. 1 inserted (6.2.2018) by The Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018 (S.S.I. 2018/15), regs. 1, 9

[^key-3ef5c5f9ae1595d2cb16d167f574f3c1]: Words in sch. 1 omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(6)(a)

[^key-5996c57af728e686ee1698481fe924a9]: Words in sch. 1 omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(6)(b)

[^key-ac0734342f4801a4e67a399b6d1e8f4b]: Words in sch. 1 inserted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(6)(c)

[^key-46bf93438df2584dca751ca8f63a2c3d]: Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(2)(a)(i)

[^key-0347bb6ab5fd6d5341f4adfcbf91ee69]: Words in reg. 2(1) omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(2)(a)(ii)

[^key-ee59bb79019fc39a39ccd10fd558c4db]: Words in reg. 2(1) inserted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(2)(a)(iii)

[^key-0e99ac2132400402d89a14113f31c894]: Words in reg. 2(2) omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(2)(b)(i)

[^key-3ab4a951dcc4b814b75fcb367212f7ae]: Words in reg. 2(2) inserted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(2)(b)(ii)

[^key-5d4c5158b50153e231fc9a7cde5fc230]: Reg. 24(13)(c) omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(3)

[^key-5597f753259f3fc5b7aac9ccdb4a83b6]: Reg. 28 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(4)

[^key-e296f076a5dde934e3b86fbf06ce8622]: Words in reg. 30(1) inserted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(5)(a)(i)

[^key-a6f1ae208f433759154b6efcae6bbd95]: Reg. 30(1)(c) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(5)(a)(ii)

[^key-82a6d2b506acb7549768ca1115fd7528]: Reg. 30(4)(a)(b) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 3(5)(b)

[^key-6a1573f56cfbdefeae905e0d9a9a2a6d]: Reg. 38 inserted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(15)

[^key-4f0fdba9de2c4b70ba44c3d7721b8a63]: Words in reg. 2(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), 5(2)(a)

[^key-7fe34d316c0122248f13bb033e5c114c]: Words in reg. 2(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), 5(2)(b)

[^key-963f3ebe1f2e4f987282e250979b7c85]: 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), 5(2)(c)

[^key-815d537990dfca9c2f9fd7f9bbfbe388]: Reg. 4 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(3)

[^key-4f73ad55b8fbb50ac70f0b683ffdb816]: Reg. 7 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), 5(4)

[^key-3eaa30b5606734746668b58a96488802]: Words in reg. 8 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), 5(5)(a)

[^key-e55f54fdea5cb9fd4e826722cbc5ce53]: Words in reg. 8(e) 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), 5(5)(b)

[^key-27a10b9ab3083c30f6180baf190b6097]: Words renumbered as reg. 9(2) (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(6)

[^key-0342bd2c362e55ace84b9c90da8f54a5]: Reg. 11(3) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(7)

[^key-59c1dbd1ceda85e07651b339f8679e77]: Words in reg. 12(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), 5(8)

[^key-3398a9248342cfde5f7cb0acd8248867]: Reg. 15(3) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(9)

[^key-1d2ffcd6778c881c6c34313190f529c6]: Reg. 16(1) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(10)(a)

[^key-b591312d4d0ef3b953f8aede5cf40bde]: Reg. 16(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), 5(10)(b)

[^key-346fbda0a9878809e440b8d7092321f1]: Words in reg. 16(3) substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(10)(c)

[^key-fa512824a38468fc925c098e792331eb]: Reg. 19 heading substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(11)(a)

[^key-98a5a1679f2b7b700de89afd30c337e4]: Words in reg. 19 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(11)(b)

[^key-1d01ec42530f84f13865446de5719847]: Reg. 29(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), 5(12)

[^key-515a829a1d08aff5d2ea82df2fca449f]: Words in reg. 30(1)(b) 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), 5(13)

[^key-fd866f124b61ac19487b82ccfb610c6a]: Reg. 32 substituted (1.4.2021) by The Feed (Transfer of Functions) (Miscellaneous Amendments) (Scotland) Regulations 2020 (S.S.I. 2020/467), regs. 1(2), 5(14)

24A

• (1) For the purpose of carrying out investigations, in accordance with Article 4.2 of Directive 2002/32, to determine the source of those undesirable substances listed in Annex II to that Directive where action thresholds specified in that Annex have been reached, an authorised officer may, at all reasonable times and on producing if requested some duly authenticated document showing that officer’s authority, enter any premises (not being premises used only as a dwelling) on which that officer has reasonable cause to believe that feed has been or is being manufactured or produced, has been placed on the market or is being kept for the purpose of being placed on the market, incorporated into another product or used.

• (2) An authorised officer entering any premises by virtue of this regulation may–

• (a) take such other persons and such equipment as may appear to be necessary;

• (b) inspect anything that officer would have had the right to inspect under regulation 24(5); and

• (c) take on those premises a sample of any material appearing to be a feed manufactured, produced, placed on the market or intended to be placed on the market or to be material used or intended for use as feed.

• (3) Where for the purpose of taking a sample pursuant to paragraph (2)(c) an authorised officer takes material from one or more containers, each of which weighs no more than six kilograms and which are exposed for sale by retail, the owner of the container or containers may require the authorised officer to purchase the container or containers on behalf of the authority for which that officer acts.

• (4) An authorised officer entering any premises by virtue of this regulation has the same rights to production, inspection and copying of records, including records kept on or produced by a computer, as are specified in regulation 24(9)(a) and (b) and (10)(c).

• (5) Regulation 24(14) applies to the power of entry under this regulation as it does to such powers under that regulation.

• (6) Directive 2002/32 means Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed, as amended by Commission Directive 2003/57/EC, Commission Directive 2003/100/EC, Commission Directive 2005/8/EC, Commission Directive 2005/86/EC, Commission Directive 2005/87/EC and Commission Directive 2006/13/EC.

Secondary analysis by the Government Chemist

31A

• (1) Paragraphs (2) to (10) apply where a part of a sample sent by an authorised officer for analysis under regulation 30(1)(b) has been analysed and–

• (a) proceedings are intended to be or have been commenced against a person for an offence under specified feed law; and

• (b) the prosecution intends to adduce evidence of the result of the analysis of that part of the sample.

• (2) The authorised officer–

• (a) may of the officer’s own volition;

• (b) must if requested by the prosecutor; or

• (c) must (subject to paragraphs (5) and (6)) if requested by the accused,

send the retained part of the sample to the Government Chemist for analysis.

• (3) The Government Chemist shall analyse the part of the sample received under paragraph (2) in the manner prescribed by any provision referred to in regulation 29 and send a certificate of analysis to the authorised officer which is–

• (a) completed in the form set out in Schedule 1 to the Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 and in accordance with the notes to that Schedule;

• (b) signed by the Government Chemist or by a person authorised by the Government Chemist to sign such a certificate.

• (4) The authorised officer shall immediately on receipt of the Government Chemist’s certificate of analysis supply the prosecutor and the accused with a copy.

• (5) Where a request is made under paragraph (2)(c), the authorised officer may give notice in writing to the accused requesting payment of a fee specified in the notice in respect of the functions mentioned in paragraph (3).

• (6) The authorised officer may, in the absence of agreement by the accused to pay the fee referred to in paragraph (5), refuse to comply with the request made under paragraph (2)(c) if the specified fee does not exceed either–

• (a) the cost of performing those functions; or

• (b) the appropriate fee for the performance of any similar function under section 78 of the Act.

• (7) In this regulation–

• (a) “accused” includes a person against whom proceedings are intended to be commenced; and

• (b) “the appropriate fee” means such fee as may be fixed in accordance with the provisions of section 78(10) of the Act.

• (8) Any analysis required to be made under paragraph (3) may be performed by any person acting under the direction of the Government Chemist.

• (9) A certificate of analysis by the Government Chemist shall in any legal proceedings be received as evidence of the facts stated in the certificate if the party against whom it is to be given in evidence–

• (a) has been served with a copy of it at least 21 days before the hearing; and

• (b) has not served on the other party a notice requiring the attendance of the Government Chemist at least 7 days before the hearing.

• (10) Any document purporting to be a certificate of analysis for the purposes of paragraph (9) shall be deemed to be such a certificate unless the contrary is proved.

Scottish Ministers' default powers and area of authorised officer's powers

Protection of authorised officers acting in good faith

Defences of fault of another person, mistake etc and export

Offences by corporate bodies or Scottish partnerships

Time limit for prosecutions

Revocations

Appointment of agricultural analysts

Competent authority

Appeals to the Sheriff Appeal Court

Delegation by the competent authority

Transitional and savings provisions

38

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

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

• (3) Any inspection, investigation or legal proceeding commenced prior to Food Standards Scotland becoming the enforcement 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 enforcement authority is not affected by Food Standards Scotland becoming the enforcement authority.

• (5) Despite Food Standards Scotland becoming the enforcement 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).