The Food Hygiene (Scotland) Amendment Regulations 2012

Made: 29th February 2012

Laid before the Scottish Parliament: 2nd March 2012

Coming into force: 1st April 2012

There has been consultation as required by Article9 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 2012 and come into force on 1st April 2012.

Amendments to the Food Hygiene (Scotland) Regulations 2006

2

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

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

“Decision 2006/766”, “Decision 2011/131”, “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 1020/2008”, “Regulation 1021/2008”, “Regulation 219/2009”, “Regulation 596/2009”, “Regulation 669/2009”, “Regulation 1162/2009”, “Regulation 15/2011”, “Regulation 739/2011”, “Regulation 880/2011”, “Regulation 1086/2011”, “Regulation 1109/2011”, “Regulation 1169/2011”, “Regulation 1223/2011”, “Regulation 1277/2011”, “Regulation 16/2012” and “Regulation 28/2012” have the meanings respectively given to them in Schedule 1;

• (3) After regulation 2(4) insert—

(5) In these Regulations, any reference to an EU instrument defined in Schedule1 is a reference to that instrument as any Annex to it is amended from time to time.

• (4) In regulation 9(1) (remedial action notices and detention notices) omit “subject to approval under Article 4(2) of Regulation 853/2004”.

• (5) After regulation 22(3) (appeals against hygiene improvement notices and remedial action notices) insert—

(4) Where on appeal against a remedial action notice under paragraph (1) a sheriff or the Court cancels the notice, the enforcement authority shall compensate the food business operator who brought the appeal in respect of any loss suffered by reason of the food business operator’s compliance with the notice, and any dispute as to the right to or the amount of any compensation payable under this paragraph is to be determined by a single arbiter appointed, failing agreement between the parties, by the sheriff or the Court.

• (6) After regulation 32 (restrictions on the sale of raw milk intended for direct human consumption) insert—

(32A) (1) The special health mark referred to in paragraph 9 of Chapter VI of Section I of AnnexIII to Regulation 853/2004 and paragraph 7 of Chapter III of SectionI of Annex I to Regulation 854/2004 shall conform with Schedule 6A. (2) No person shall place on the market minced meat, meat preparations, mechanically separated meat or meat products prepared or produced from meat derived from animals that have undergone emergency slaughter outside a slaughterhouse unless they have an identification mark which conforms with Schedule 6A and has been applied in accordance with Section I of Annex II to Regulation 853/2004. (3) No person shall export or offer to export to other member States or to third countries minced meat, meat preparations, mechanically separated meat or meat products prepared or produced from meat derived from animals that have undergone emergency slaughter outside a slaughterhouse. (4) No person shall place on the market minced meat, meat preparations, mechanically separated meat or meat products prepared or produced from meat derived from animals that have undergone emergency slaughter outside a slaughterhouse outside the United Kingdom. (5) A person who contravenes or fails to comply with paragraphs (2), (3) or (4) is guilty of an offence.

• (7) For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule1 to these Regulations.

• (8) After Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) insert the Schedule set out in Schedule 2 to these Regulations.

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

SCHEDULE 2 — SCHEDULE TO BE INSERTED AFTER SCHEDULE6 TO THE FOOD HYGIENE (SCOTLAND) REGULATIONS 2006

Signed

MICHAEL MATHESON — Authorised to sign by the Scottish Ministers — 29th February 2012

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 providing that a reference to those EU instruments shall be an ambulatory reference to them as any annex to them is amended from time to time. In addition, these Regulations extend the availability of remedial action notices, provide for compensation on successful appeal and provide for an identification mark for certain minced meat and other meat products.

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 regulation 2 (interpretation) (regulation 2(2));

• (b) adding a provision that any reference to an EU instrument defined in Schedule1 is a reference to that instrument as any annex to it is amended from time to time (regulation2(3)); and

• (c) substituting a revised Schedule 1 (definitions of EU legislation) for the existing Schedule1 (regulation 2(7)).

These Regulations further amend the 2006 Regulations by—

• (a) permitting the service of a remedial action notice in relation to an establishment not subject to approval under European food hygiene legislation (regulation 2(4));

• (b) providing for compensation to be payable to a food business operator for loss suffered by complying with a remedial action notice, which is subsequently cancelled by a court on appeal (regulation 2(5)); and

• (c) adding a new Schedule 6A (regulation 2(8)) which specifies the requirements for the special health mark referred to in paragraph 9 of Chapter VI of Section I of AnnexIII to Regulation 853/2004 and paragraph 7 of Chapter III of SectionI of Annex I to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption, and providing for the use of that mark and that failure to comply is an offence (regulation2(6)).

Full business and regulatory impact assessments of the effect that this instrument will have on the costs of business and the voluntary sector have been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.

Footnotes

[^f00001]: 1972 c.68 (“the 1972 Act”). Section2(2) was amended by paragraph 15(3) of Schedule 8 to the Scotland Act 1998 (c.46), section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The functions conferred on the Minister of the Crown under section2(2), 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, relevant 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). Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act.

[^f00002]: OJ L31, 1.2.02, p.1 as amended by Regulation (EC) No.1642/2003 of the European Parliament and of the Council (OJL245, 29.9.2003, p.4), Commission Regulation (EC) No.575/2006 (OJL100, 8.4.2006, p.3), Commission Regulation (EC) No. 202/2008 (OJ L60, 5.3.2008, p.17) and Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ L188, 18.7.2009, p.14).

[^f00003]: S.S.I.2006/3, as amended by S.S.I.2006/231 and 530, 2007/11, 2008/129 and 395, 2010/69 and 2011/84 and 171.

[^f00004]: OJ L 320, 18.11.2006, p.53.

[^f00005]: OJ L 53, 26.2.2011, p.73.

[^f00006]: OJ L 157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ L 195, 2.6.2004, p.12).

[^f00007]: OJL 139, 30.4.2004, p.1. The revised text of Regulation (EC) No.852/2004 is now set out in a Corrigendum (OJL 226, 25.6.2004, p.3) which should be read with a further Corrigendum (OJ L 204, 4.8.2007, p.26).

[^f00008]: OJL 139, 30.4.2004, p.55. The revised text of Regulation (EC) No.853/2004 is now set out in a Corrigendum (OJ L 226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ L 204, 4.8.2007, p.26).

[^f00009]: OJL 139, 30.4.2004, p.206. The revised text of Regulation (EC) No.854/2004 is now set out in a Corrigendum (OJ L 226, 25.6.2004, p.83) which should be read with a further Corrigendum (OJ L 204, 4.8.2007, p.26).

[^f00010]: OJ L 165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ L 191, 28.5.2004, p.1) which should be read with a further Corrigendum (OJ L 204, 4.8.2007, p.29).

[^f00011]: OJ L 271, 15.10.2005, p.17.

[^f00012]: OJ L 338, 22.12.2005, p.1, as read with the Corrigenda at OJ L 278, 10.10.2006, p.32 and OJ L 283, 14.10.2006, p.62.

[^f00013]: OJ L 338, 22.12.2005, p.27.

[^f00014]: OJ L 338, 22.12.2005, p.60.

[^f00015]: OJ L 277, 18.10.2008, p.8.

[^f00016]: OJ L 277, 18.10.2008, p.15.

[^f00017]: OJ L 87, 31.3.2009, p.109.

[^f00018]: OJ L 188, 18.7.2009, p.14.

[^f00019]: OJ L 194, 25.7.2009, p.11.

[^f00020]: OJ L 314, 1.12.2009, p.10.

[^f00021]: OJ L 6, 11.1.2011, p.3.

[^f00022]: OJ L 196, 28.7.2011, p.3.

[^f00023]: OJ L 228, 3.9.2011, p.8.

[^f00024]: OJ L 281, 28.10.2011, p.7.

[^f00025]: OJ L 287, 4.11.2011, p.23.

[^f00026]: OJ L 304, 22.11.2011, p.18.

[^f00027]: OJ L 314, 29.11.2011, p.12.

[^f00028]: OJ L 327, 19.12.2011, p.42.

[^f00029]: OJ L 8, 12.1.2012, p.29.

[^f00030]: OJ L 12, 14.1.2012, p.1.