The Food Hygiene (Scotland) Regulations 2006

Regulation 2(1)

[F1 SCHEDULE 1 S DEFINITIONS OF EU LEGISLATION

Textual Amendments

F1 Sch. 1 substituted (1.4.2012) by The Food Hygiene (Scotland) Amendment Regulations 2012 (S.S.I. 2012/75), regs. 1, 2(7), sch. 1

“Decision 2006/766” means Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted as last amended by Decision 2011/131;

“Decision 2011/131” means Commission Decision 2011/131/EU amending Annex II to Decision 2006/766/EC as regards the inclusion of Fiji in the list of third countries and territories from which imports of fishery products for human consumption are permitted;

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC;

“Regulation 178/2002” means 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 as last amended by Regulation 596/2009;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as last amended by Regulation 219/2009 and as read with Regulation 2073/2005 [F2 and with Commission Regulation (EU) No. 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No. 852/2004 of the European Parliament and of the Council];

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as last amended by Regulation 16/2012 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, Regulation 2076/2005, Regulation 1020/2008 and [F3 Regulation 1079/2013];

“Regulation 854/2004” means 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 as last amended by Regulation 739/2011 and as read with Directive 2004/41, Regulation 2074/2005, [F4 Regulation 2015/1375], Regulation 2076/2005, Decision 2006/766, Regulation 1021/2008 and [F5 Regulation 1079/2013];

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules as last amended by Regulation 880/2011 and as read with Regulation 2074/2005, Regulation 669/2009 and [F6 Regulation 702/2013];

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs as last amended by Regulation 1223/2011;

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs as last amended by Regulation 1086/2011;

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 as last amended by Regulation 15/2011;

[F7 “Regulation (EU) 2017/2158” means Commission Regulation (EU) 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food.]

F8 . . .

“Regulation 1020/2008” means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products;

“Regulation 1021/2008” means Commission Regulation (EC) No. 1021/2008 amending Annexes I, II and III 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 Regulation (EC) No. 2076/2005 as regards live bivalve molluscs, certain fishery products and staff assisting with official controls in slaughterhouses;

“Regulation 219/2009” means Regulation (EC) No. 219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Two;

“Regulation 596/2009” means Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four as last amended by Regulation 1169/2011;

“Regulation 669/2009” means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC as last amended by Regulation 1277/2011;

F9 . . .

“Regulation 15/2011” means Commission Regulation (EU) No. 15/2011 amending Regulation (EC) No. 2074/2005 as regards recognised testing methods for detecting marine biotoxins in live bivalve molluscs;

“Regulation 739/2011” means Commission Implementing Regulation (EU) No. 739/2011 amending 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;

“Regulation 880/2011” means Commission Regulation (EU) No 880/2011 correcting Regulation (EU) No 208/2011 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No 180/2008 and (EC) No 737/2008 as regards lists and names of EU reference laboratories;

“Regulation 1086/2011” means Commission Regulation (EU) No. 1086/2011 amending Annex II to Regulation (EC) No. 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No. 2073/2005 as regards salmonella in fresh poultry meat;

F8 . . .

“Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No. 608/2004;

“Regulation 1223/2011” means Commission Implementing Regulation (EU) No 1223/2011 amending Regulation (EC) No 1688/2005 as regards sampling of flocks of origin of eggs and the microbiological examination of such samples and samples of certain meat intended for Finland and Sweden;

“Regulation 1277/2011” means Commission Implementing Regulation (EU) No 1277/2011 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin;

“Regulation 16/2012” means Commission Regulation (EU) No. 16/2012 amending Annex II to Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards the requirements concerning frozen food of animal origin intended for human consumption;

“Regulation 28/2012” means Commission Regulation (EU) No 28/2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No 1162/2009].

[F10 “Regulation 702/2013” means Commission Implementing Regulation (EU) No 702/2013 on transitional measures for the application of Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for Trichinella;]

[F10 “Regulation 1079/2013” means Commission Regulation (EU) No 1079/2013 laying down transitional measures for the application of Regulations (EC) No 853/2004 and (EC) No 854/2004 of the European Parliament and of the Council;]

[F11 “Regulation 579/2014” means Commission Regulation (EU) No. 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and the Council as regards the transport of liquid oils and fats by sea.]

[F12 “Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for “Trichinella” in meat.]

Textual Amendments

F2 Words in sch. 1 inserted (31.12.2013) by The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds) (Scotland) Regulations 2013 (S.S.I. 2013/333), regs. 1, 3

F3 Words in sch. 1 substituted (1.1.2014) by The Food (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/336), regs. 1, 2(3)(b)

F4 Words in sch. 1 substituted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(3)(a)

F5 Words in sch. 1 substituted (1.1.2014) by The Food (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/336), regs. 1, 2(3)(c)

F6 Words in sch. 1 substituted (1.1.2014) by The Food (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/336), regs. 1, 2(3)(d)

F7 Words in sch. 1 inserted (28.3.2019) by The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/33), regs. 1(1), 8(3)

F8 Words in sch. 1 omitted (15.10.2016) by virtue of The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(3)(b)

F9 Words in sch. 1 omitted (1.1.2014) by virtue of The Food (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/336), regs. 1, 2(3)(a)

F10 Words in sch. 1 inserted (1.1.2014) by The Food (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/336), regs. 1, 2(3)(e)

F11 Words in sch. 1 inserted (1.10.2014) by The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(3)

F12 Words in sch. 1 inserted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(3)(c)

Regulations 2(1) and 17(1)

SCHEDULE 2 S Specified Community provisions

Column 1	Column 2
Provision of Community Regulations	Subject-matter
Article 3 of Regulation 852/2004	Requirement that food business operators ensure that all stages of production, processing and distribution of food under their control satisfy the relevant hygiene requirements laid down in Regulation 852/2004.
Article 4(1) of Regulation 852/2004	Requirement that food business operators carrying out primary production and specified associated operations comply with the general hygiene provisions laid down in Part A of Annex I to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004.
Article 4(2) of Regulation 852/2004	Requirement that food business operators carrying out any stage of production, processing and distribution of food after those stages to which Article 4(1) applies comply with the general hygiene requirements laid down in Annex II to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004 [F13 and Regulation 579/2014.]
Article 4(3) of Regulation 852/2004	Requirement that food business operators, as appropriate, adopt certain specific hygiene measures.
Article 5(1) of Regulation 852/2004	Requirement that food business operators (other than those excepted in Article 5(3)) put in place, implement and maintain a permanent procedure or procedures based on the HACCP (hazard analysis and critical control point) principles.
Article 5(2) of Regulation 852/2004	Requirement that when any modification is made in the product, process, or any step, food business operators review the procedure referred to in Article 5(1) and make the necessary changes to it.
Article 5(4)(a) of Regulation 852/2004	Requirement that food business operators provide the competent authority with evidence of their compliance with Article 5(1).
Article 5(4)(b) of Regulation 852/2004	Requirement that food business operators ensure that any documents describing the procedures developed in accordance with Article 5 are up to date.
Article 5(4)(c) of Regulation 852/2004	Requirement that food business operators retain documents and records for an appropriate period.
Article 6(1) of Regulation 852/2004	Requirement that food business operators co operate with the competent authorities in accordance with other applicable Community legislation or national law.
Article 6(2), first paragraph of Regulation 852/2004	Requirement that a food business operator notify the competent authority of each establishment under its control that carries out any of the stages of production, processing and distribution of food.
Article 6(2), second paragraph of Regulation 852/2004	Requirement that food business operators ensure that the competent authority has up to date information on establishments.
Article 6(3) of Regulation 852/2004	Requirement that food business operators ensure that establishments are approved by the competent authority when approval is required.
Article 3(1) of Regulation 853/2004	Requirement that food business operators comply with the relevant provisions of Annexes II and III to Regulation 853/2004.
Article 3(2) of Regulation 853/2004	Requirement that food business operators do not use any substance other than potable water or, when Regulation 852/2004 or Regulation 853/2004 permits its use, clean water, to remove surface contamination from products of animal origin unless use of the substance has been approved and any conditions for its use complied with.
Article 4(1) of Regulation 853/2004	Requirement that food business operators place products of animal origin manufactured in the Community on the market only if they have been prepared and handled exclusively in establishments– (a) that meet the relevant requirements of Regulation 852/2004, those of Annexes II and III to Regulation 853/2004 and other relevant requirements of food law; and (b) that the competent authority has registered or, where required in accordance with Article 4(2), approved.
Article 4(2) of Regulation 853/2004	Requirement that establishments handling those products of animal origin for which Annex III to Regulation 853/2004 lays down requirements do not operate unless the competent authority has approved them in accordance with Article 4(3).
Article 4(3) of Regulation 853/2004	Requirement that establishments subject to approval in accordance with Article 4(2) do not operate unless the competent authority has, in accordance with Regulation 854/2004– (a) granted the establishment approval to operate following an on-site visit; or (b) provided the establishment with conditional approval.
Article 4(4) of Regulation 853/2004	Requirement that food business operators co operate with the competent authorities in accordance with Regulation 854/2004 including ensuring that an establishment ceases to operate if it is no longer approved.
Article 5(1) of Regulation 853/2004	Requirement that food business operators do not place on the market a product of animal origin handled in an establishment subject to approval in accordance with Article 4(2) unless it has– (a) a health mark applied in accordance with Regulation 854/2004; or (b) when Regulation 854/2004 does not provide for the application of a health mark, an identification mark applied in accordance with Section I of Annex II to Regulation 853/2004.
Article 5(2) of Regulation 853/2004	Requirement that food business operators apply an identification mark to a product of animal origin only if the product has been manufactured in accordance with Regulation 853/2004 in establishments meeting the requirements of Article 4.
Article 5(3) of Regulation 853/2004	Requirement that food business operators do not remove a health mark applied in accordance with Regulation 854/2004 from meat unless they cut or process it or work upon it in another manner.
Article 6(1) and (2) of Regulation 853/2004	Requirement that food business operators ensure that importation of products of animal origin only takes place where certain conditions are met.
Article 6(3) of Regulation 853/2004	Requirement that food business operators importing products of animal origin shall ensure that– (a) products are made available for control upon importation in accordance with Council Directive 97/78/EC M1 ; (b) importation complies with the requirements of Council Directive 2002/99/EC M2 ; and (c) operations under their control that take place after importation are carried out in accordance with the requirements of Annex III to Regulation 853/2004.
Article 6(4) of Regulation 853/2004	Requirement that food business operators importing food containing both products of plant origin and processed products of animal origin ensure that the processed products of animal origin satisfy the requirements of paragraphs (1) to (3) of Article 6.
Article 7 of Regulation 853/2004	Requirement that food business operators ensure that certificates or other documents accompany consignments of products of animal origin when required in accordance with Annex II or III to Regulation 853/2004.
Article 8 of Regulation 853/2004	Requirement that food business operators intending to place specified foods of animal origin on the market in Sweden or Finland comply with the rules set out in Article 8(2).
Article 7(1) of Regulation 2073/2005	Requirement that food business operators shall take the measures laid down in paragraphs (2) to (4) of Article 7 when the results of testing against the criteria set out in Annex 1 to Regulation 2073/2005 (microbiological criteria for foodstuffs) are unsatisfactory.
Article 9 of [F14 Regulation 2015/1375]	[F15 Requirement that food business operators of holdings officially recognised as applying controlled housing conditions must inform the competent authority of any requirement of Annex IV to Regulation 2015/1375 that is no longer fulfilled or of any other change that might affect the holdings’ Trichinella status.]

Textual Amendments

F13 Full stop in sch. 2 omitted and words inserted (1.10.2014) by The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(4)

F14 Words in sch. 2 substituted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(4)(a)

F15 Words in sch. 2 substituted (15.10.2016) by The Food Hygiene (Scotland) Amendment Regulations 2016 (S.S.I. 2016/260), regs. 1(1), 2(4)(b)

Marginal Citations

M1 O.J. No. L 24, 30.1.98, p.9.

M2 O.J. No. L 18, 23.1.03, p.11.

Regulation 29

SCHEDULE 3 S Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar

Offence S

1.  Any person who contravenes or fails to comply with any of the requirements of this Schedule is guilty of an offence.

Liquid oils or fats S

F16 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Sch. 3 paras. 2-6 omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(a)

F16 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 Sch. 3 paras. 2-6 omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(a)

F16 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 Sch. 3 paras. 2-6 omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(a)

F16 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 Sch. 3 paras. 2-6 omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(a)

F16 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F16 Sch. 3 paras. 2-6 omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(a)

Raw sugar S

7.  The bulk transport by sea of raw sugar which is not intended for use as food or as a food ingredient without a full and effective refining process is permitted in receptacles, containers or tankers that are not exclusively used for the transport of foodstuffs.

8.  The receptacles, containers or tankers referred to in paragraph 7 shall be subject to the following conditions– S

(a) prior to loading the raw sugar, the receptacle, container or tanker shall be effectively cleaned to remove residues of the previous cargo and other soiling and inspected to establish that such residues have been removed effectively; and

(b) the immediate previous cargo prior to the raw sugar shall not have been a bulk liquid.

9.  A food business operator who is responsible for the transport of raw sugar by sea under paragraph 7 shall keep documentary evidence accurately describing in detail the immediate previous cargo carried in the receptacle, container or tanker concerned, and the type and effectiveness of the cleaning process applied prior to the transport of the raw sugar. S

10.  The documentary evidence shall accompany the consignment of raw sugar during all stages of transport to the refinery and a copy shall be retained by the refinery. The documentary evidence shall be marked as follows in a clearly visible and indelible fashion, in one or more Community languages: “This product must be refined before being used for human consumption”. S

11.  On request, a food business operator responsible for the transport of the raw sugar or the refining process shall provide the enforcement authority with the documentary evidence referred to in paragraphs 9 and 10. S

12.  Raw sugar which has been transported by sea in receptacles, containers or tankers which are not exclusively reserved for the transport of foodstuffs shall be subjected to a full and effective refining process before being considered suitable for use as food or as a food ingredient. S

13.  In fulfilling the obligations under Article 5(1) of Regulation 852/2004 (hazard analysis and critical control points) in relation to the bulk transport of raw sugar by sea under paragraph 7, a food business operator who is responsible for the transport or refining of raw sugar shall– S

(a) consider the cleaning process undertaken prior to the loading of the sugar for transport by sea to be a critical control point as referred to in Article 5(2)(b) of Regulation 852/2004; and

(b) take into account the nature of the previous cargo which has been transported in any receptacle, container or tanker used for the transport of the sugar.

Interpretation S

14.—(1) For the purposes of this Schedule, any words or expressions used both in this Schedule and in F17 ...Commission Directive 98/28/EC granting a derogation from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport by sea of bulk raw sugar M3 shall bear the same meanings as they respectively have in those Directives.

F18 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F17 Words in sch. 3 para. 14(1) omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(b)

F18 Sch. 3 para. 14(2) omitted (1.10.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Scotland) Amendment Regulations 2014 (S.S.I. 2014/213), regs. 1, 2(5)(c)

Marginal Citations

M3 O.J. No. L 140, 12.5.98, p.10.

Regulation 17(5)

[F19 SCHEDULE 3A S REQUIREMENTS REFERRED TO IN REGULATION 17(5)

Textual Amendments

F19 Schs. 3A-3D inserted (13.4.2010) by The Food Hygiene (Scotland) Amendment Regulations 2010 (S.S.I. 2010/69), regs. 1, 2(5), sch. 2

The requirements are that—

(a) on 31st December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b) the condition of meat derived from domestic ungulates slaughtered at the slaughterhouse is only rarely such that it is necessary to detain such meat after post-mortem inspection for further inspection by the official veterinarian;

(c) where such further inspection is considered necessary by the official veterinarian, the meat concerned is destroyed or is detained at an alternative detention facility in the locality of the slaughterhouse;

(d) when meat is transported from the slaughterhouse to the alternative detention facility referred to in paragraph (c), it shall be marked ‘detained meat’ and accompanied by a document that has been signed by the official veterinarian, declares that the meat is detained meat and contains the following information—

(i) name and address of slaughterhouse of origin;

(ii) name and address of alternative detention facility;

(iii) number of carcases or cuts; and

(iv) species of animal; and

(e) no processing for human consumption of bovine animals that, in accordance with point 2 of Part I of Chapter A of Annex III to the Community TSE Regulation, require BSE testing at slaughter or of swine (domestic and farmed game), solipeds and other species susceptible to Trichinosis that, under Article 5 of Regulation 854/2004 as read with point 1 of Part C of Chapter IX of Section IV of Annex I to that Regulation, require examination for Trichinosis takes place at the slaughterhouse.

For the purposes of this Schedule the “Community TSE Regulation” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies as last amended by Regulation (EC) No. 220/2009 of the European Parliament and of the Council amending Regulation (EC) No. 999/2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies, as regards the implementing powers conferred on the Commission and as read with—

(i) Commission Decision 2007/411/EC prohibiting the placing on the market of products derived from bovine animals born or reared within the United Kingdom before 1st August 1996 for any purpose and exempting such animals from certain control and eradication measures laid down in Regulation (EC) No. 999/2001 and repealing Decision 2005/598/EC;

(ii) Commission Decision 2007/453/EC establishing the BSE status of Member States or third countries or regions thereof according to their BSE risk; and

(iii) Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes as amended by Commission Decision 2010/66/EU amending Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes.]

Regulation 17(6)

[F19 SCHEDULE 3B S REQUIREMENTS REFERRED TO IN REGULATION 17(6)

The requirements are that—

(a) on 31st December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

(b) the condition of meat derived from poultry or lagomorphs slaughtered at the slaughterhouse is only rarely such that it is necessary to detain such meat after post-mortem inspection for further inspection by the official veterinarian;

(c) where such further inspection is considered necessary by the official veterinarian, the meat concerned is destroyed or is detained at an alternative detention facility in the locality of the slaughterhouse; and

(d) when meat is transported from the slaughterhouse to the alternative detention facility referred to in paragraph (c), it shall be marked ‘detained meat’ and accompanied by a document that has been signed by the official veterinarian, declares that the meat is detained meat and contains the following information—

(i) name and address of slaughterhouse of origin;

(ii) name and address of alternative detention facility;

(iii) number of carcases or cuts; and

(iv) species of animal.]

Regulation 17(7)

[F19 SCHEDULE 3C S REQUIREMENTS REFERRED TO IN REGULATION 17(7)

The requirements are that—

(a) on 31st December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b) the food business operator at the slaughterhouse only accepts domestic ungulates that have been transported direct from the holding of origin or from a market;

(c) the food business operator responsible for transporting the domestic ungulates undertakes in writing to the food business operator at the slaughterhouse that he will ensure that the means of transport are cleaned and, if necessary, disinfected after emptying;

(d) the food business operator at the slaughterhouse retains the undertaking referred to in paragraph (c) for one year; and

(e) the food business operator at the slaughterhouse acknowledges to the official veterinarian that he may be required under animal health rules to cease operating at the slaughterhouse in the event of an animal disease outbreak.]

Regulation 17(8)

[F19 SCHEDULE 3D S REQUIREMENTS REFERRED TO IN REGULATION 17(8)

The requirements are that—

(a) on 31st December 2005 the slaughterhouse was licensed as a low throughput slaughterhouse under the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995;

(b) the food business operator at the holding of origin of the poultry or lagomorphs transports them from that holding direct to the slaughterhouse and undertakes in writing to the food business operator at the slaughterhouse that he will ensure that the means of transport are cleaned and, if necessary, disinfected after emptying;

(c) the food business operator at the slaughterhouse retains the undertaking referred to in paragraph (b) for one year; and

(d) the food business operator at the slaughterhouse acknowledges to the official veterinarian that he may be required under animal health rules to cease operating at the slaughterhouse in the event of an animal disease outbreak.]

Regulation 30

SCHEDULE 4 S Temperature control requirements

Scope S

1.—(1) Subject to sub-paragraph (2), this Schedule applies in relation to any person to whose food business operations Regulation 852/2004 applies but Regulation 853/2004 does not apply.

(2) This Schedule does not apply to food business operations on any ship or aircraft.

Chill and hot holding requirements S

2.—(1) Subject to sub paragraph (2), any person who keeps food with respect to which any commercial operation is being carried out at or in food premises otherwise than–

(a) in a refrigerator or refrigerating chamber or in a cool ventilated place; or

(b) at a temperature above 63°C,

is guilty of an offence.

(2) Sub paragraph (1) shall not apply to any food–

(a) which is undergoing preparation for sale;

(b) which is exposed for sale or has been sold to a consumer whether for immediate consumption or otherwise;

(c) which, immediately following any process of cooking to which it is subjected or the final processing stage if no cooking process is applied, is being cooled under hygienic conditions as quickly as possible to a temperature which would not result in a risk to health;

(d) which, in order that it may be conveniently available for sale on the premises to consumers, it is reasonable to keep otherwise than as referred to in sub-paragraph (1);

(e) which, for the duration of its shelf life, may be kept at ambient temperatures with no risk to health;

(f) to which Council Regulation (EEC) No. 1906/90 on certain marketing standards for poultry M4 , as last amended by Council Regulation (EC) No. 1101/98 M5 , applies; or

[F20 (g) to which [F21 the Regulation of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007] and Commission Regulation (EC) No. 589/2008 laying down detailed rules for implementing Council Regulation (EC) No. 1234/2007 as regards marketing standards for eggs applies.]

Textual Amendments

F20 Sch. 4 para. 2(2)(g) substituted (19.12.2008) by The Eggs and Chicks (Scotland) (No. 2) Regulations 2008 (S.S.I. 2008/395), regs. 1(2), 23, sch. 3 para. 3

F21 Words in sch. 4 para. 2(2)(g) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 16(2)

Marginal Citations

M4 O.J. No. L 173, 6.7.90, p.1.

M5 O.J. No. L 157, 30.5.98, p.12.

Reheating of food S

3.—(1) Food which in the course of a commercial operation has been heated and which is thereafter reheated before being served for immediate consumption or exposed for sale shall, on being reheated, be raised to a temperature of not less than 82°C.

(2) Any person who contravenes the provisions of sub paragraph (1) is guilty of an offence.

(3) In any proceedings for an offence under sub paragraph (2), it shall be a defence for the accused to prove that the food could not have been raised to a temperature of not less than 82°C without a deterioration of its qualities.

Interpretation S

4.  In this Schedule, “ shelf life” means–

(a) in relation to food with respect to which an indication of minimum durability is required in accordance with [F22 Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of, and point 1 of Annex X to, that Regulation], the period up to and including the date required to be included in that indication;

(b) in relation to food with respect to which a “use by” date is assigned in the form required in accordance with [F23 Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of, and point 2 of Annex X to, that Regulation], the period up to and including that date; and

(c) in relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety.

Textual Amendments

F22 Words in sch. 4 para. 4 substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 12(a)

F23 Words in sch. 4 para. 4 substituted (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 5 para. 12(b)

Regulation 31

SCHEDULE 5 S Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm

Scope S

1.  This Schedule applies to the direct supply by the producer of small quantities of meat from poultry or lagomorphs that have been slaughtered on the farm to the final consumer or to local retail establishments directly supplying such meat to the final consumer.

Offence S

2.  Any person who contravenes or fails to comply with any of the provisions of this Schedule is guilty of an offence.

Requirements S

3.  No person shall sell meat from poultry or lagomorphs unless it bears a label or other marking clearly indicating the name and address of the farm where it was slaughtered.

4.  The producer shall– S

(a) keep a record in adequate form to show the number of birds and the number of lagomorphs received into, and the amounts of fresh meat despatched from, the producer's premises during each week;

(b) retain the record for a period of 1 year; and

(c) make the record available to an authorised officer on request.

Regulation 32

SCHEDULE 6 S Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption

1.  No person shall place on the market raw milk, or raw cream, intended for direct human consumption. S

2.  Any person who contravenes paragraph 1 is guilty of an offence. S

3.  In any proceedings for an offence in respect of a contravention of paragraph 1, it shall be a defence for the accused to prove that the raw milk or raw cream in respect of which the offence is alleged to have been committed was intended for export– S

(a) to England, Wales or Northern Ireland or to a member state other than the United Kingdom and that the milk or cream complies with Regulation 853/2004 and with any national rules applicable to that part of the United Kingdom or to that member state, made pursuant to Article 10.8(a) of Regulation 853/2004;

(b) to a third country in accordance with Article 12 of Regulation 178/2002 as read with Article 11 of Regulation 852/2004.

Regulation 32A

F24 SCHEDULE 6A S THE SPECIAL HEALTH MARK

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24 Sch. 6A revoked (1.6.2014) by The Food Hygiene (Scotland) Amendment Regulations 2014 (S.S.I. 2014/118), regs. 1, 2(4)

Regulation 33

SCHEDULE 7 S Consequential amendments

The Colours in Food Regulations 1995 S

1.  In the Colours in Food Regulations 1995 M6 in regulation 4 (health marking etc. of certain meat and meat products), for “health marking as provided for in the Fresh Meat (Hygiene and Inspection) Regulations 1995” substitute “ health mark referred to in Article 5 of Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as amended by Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M7 ”.

Marginal Citations

M6 S.I. 1995/3124, to which there are amendments not relevant to these Regulations.

M7 O.J. No. L 139, 30.4.04, p.55. The revised text of Regulation 853/2004 is now set out in a Corrigendum (O.J. No. L 226, 25.6.04, p.22).

The Animal By-Products (Identification) Regulations 1995 S

F25 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

F25 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F25 Sch. 7 paras. 2-11 revoked (1.12.2013) by The Animal By-Products (Enforcement) (Scotland) Regulations 2013 (S.S.I. 2013/307), reg. 1(1), sch. 3

The Food Labelling Regulations 1996 S

F26 12.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 13.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 15.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 16.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 17.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

F26 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F26 Sch. 7 paras. 12-18 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1(2), sch. 4 Pt. 1

The Products of Animal Origin (Import and Export) Regulations 1996 S

19.  In the Products of Animal Origin (Import and Export) Regulations 1996 M8 , in regulation 1(1) (title, commencement, interpretation and extent) for the definition of “the Hygiene Regulations” substitute–

““the Hygiene Regulations” means the Food Hygiene (Scotland) Regulations 2006 M9 ;”.

Marginal Citations

M8 S.I. 1996/3124.

M9 S.S.I. 2006/3 .

The Specified Risk Material Order 1997 S

20.  The Specified Risk Material Order 1997 M10 is amended as provided in paragraphs 21 and 22.

Marginal Citations

M10 S.I. 1997/2964.

21.  In article 2(1) (interpretation) after the definition of “specified solid waste” insert– S

““Regulation 853/2004” has the same meaning as in Schedule 1 to the Food Hygiene (Scotland) Regulations 2006;”.

22.  In Schedule 1 (foods and feeding stuffs requiring import certificates)– S

(a) for paragraph 1 substitute–

“1.   Fresh meat, as defined in paragraph 1.10 of Annex I to Regulation 853/2004.”;

(b) for paragraph 2 substitute–

“2.   Minced meat and meat preparations as defined in paragraphs 1.13 and 1.15 respectively of Annex I to Regulation 853/2004.”;

(c) for paragraph 3 substitute–

“3.   Meat products and greaves as defined in paragraphs 7.1 and 7.6 respectively of Annex I to Regulation 853/2004.”;

(d) for paragraph 8 substitute–

“8.   Rendered animal fat as defined in paragraph 7.5 of Annex I to Regulation 853/2004.”.

The Beef Bones (Scotland) Regulations 1999 S

23.  The Beef Bones (Scotland) Regulations 1999 M11 are amended as provided in paragraphs 24 and 25.

Marginal Citations

M11 S.S.I. 1999/186.

24.  In regulation 2(1) (interpretation)– S

(a) after the definition of “carcase”, insert–

““cutting plant” has the meaning given in regulation 5(7) of the Hygiene Regulations;”;

(b) after the definition of “fresh meat”, insert–

““game-handling establishment” has the meaning given in regulation 5(7) of the Hygiene Regulations;

“the Hygiene Regulations” means the Food Hygiene (Scotland) Regulations 2006”; and

(c) after the definition of “occupier”, insert–

““official veterinarian” means a veterinarian who is qualified in accordance with Regulation 854/2004 to act in such a capacity and is appointed by the Agency;

“Regulation 854/2004” has the same meaning as in Schedule 1 to the Hygiene Regulations;

“slaughterhouse” has the meaning given in regulation 5(7) of the Hygiene Regulations; and”.

25.  In regulation 10 (enforcement)– S

(a) for paragraph (1) substitute–

“(1) These Regulations shall be enforced–

(a) by the Agency in relation to any cutting plant, game-handling establishment or slaughterhouse; and

(b) in relation to any other premises, by the Agency or the food authority within whose area the premises are situated”; and

(b) in paragraph (2), for “an official veterinary surgeon (designated as such under regulation 8(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995” substitute “ an official veterinarian ”.

Amendments to the Cattle Identification Regulations 1998 S

26.  The Cattle Identification Regulations 1998 M12 are amended as provided in paragraphs 27 to 29.

Marginal Citations

M12 S.I. 1998/871.

27.  In regulation 2(1), for the definition of “official veterinary surgeon” substitute “ “official veterinarian” means a person who is registered in the register of veterinary surgeons or the supplementary veterinary register provided for under sections 2 and 8 of the Veterinary Surgeons Act 1966 M13 , who is appointed by the Agency in accordance with regulation 5(6) of the Food Hygiene (Scotland) Regulations 2006 and is qualified in accordance with Regulation No. 853/2004; ”. S

Marginal Citations

M13 1966 c. 36.

28.  In regulation 2(1) after the definition of “official veterinary surgeon” insert– “ Regulation 853/2004 has the same meaning as in Schedule 1 to the Food Hygiene (Scotland) Regulations 2006 M14 ; ”. S

Marginal Citations

M14 S.S.I. 2006/ 3 .

29.  In regulation 2(1), in the definition of “licensed slaughterhouse”, for “licensed under the Fresh Meat (Hygiene and Inspection) Regulations 1995” substitute “ as defined in regulation 5(7) of the Food Hygiene (Scotland) Regulations 2006 ”. S

The Bovine and Bovine Products (Trade) Regulations 1999 S

F27 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Sch. 7 paras. 30-34 revoked (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 21, sch.

F27 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F27 Sch. 7 paras. 30-34 revoked (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 21, sch.

F27 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F27 Sch. 7 paras. 30-34 revoked (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 21, sch.

F27 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F27 Sch. 7 paras. 30-34 revoked (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 21, sch.

F27 34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F27 Sch. 7 paras. 30-34 revoked (3.5.2006) by The TSE (Scotland) Amendment (No. 2) Regulations 2006 (S.S.I. 2006/231), regs. 1, 21, sch.

The TSE (Scotland) Regulations 2002 S

F28 35.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 36.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 37.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 39.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 40.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 41.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

F28 42.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S

Textual Amendments

F28 Sch. 7 paras. 35-42 revoked (24.11.2006) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 (S.S.I. 2006/530), reg. 1(1), sch. 10

The Condensed Milk and Dried Milk (Scotland) Regulations 2003 (2003/311) S

43.  In the Condensed Milk and Dried Milk (Scotland) Regulations 2003 M15 , in note 4 of Schedule 1, omit “Without prejudice to the generality of Part V of the Dairy Products (Hygiene) (Scotland) Regulations 1995”.

Marginal Citations

M15 S.S.I. 2003/311.

The Animal By-Products (Scotland) Regulations 2003 S

F29 44.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F29 Sch. 7 para. 44 revoked (4.3.2011) by The Animal By-Products (Enforcement) (Scotland) Regulations2011 (S.S.I. 2011/171), reg. 1(1), sch. 3

The Eggs (Marketing Standards) (Enforcement) Scotland Regulations 2005 S

F30 45.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F30 Sch. 7 para. 45 revoked (27.4.2008) by The Eggs and Chicks (Scotland) Regulations 2008 (S.S.I. 2008/129), regs. 1(2), 21(2)

The Official Feed and Food Control (Scotland) Regulations 2005 S

46.  The Official Feed and Food Control (Scotland) Regulations 2005 M16 are amended as provided in paragraphs 47 to 51.

Marginal Citations

M16 S.S.I. 2005/616.

47.  In regulation 2(1), for “and “Regulation 1688/2005”” substitute “, “ “Regulation 1688/2004”, “Regulation 2073/2005”, “Regulation 2074/2005” and “Regulation 2076/2005” ”. S

48.  In regulation 15, for “the staff” substitute “ a member of staff ”. S

49.  In regulation 43(2)(a), for “a 7 days” substitute “ a date 7 days ”. S

50.  In regulations 4(5) and (6) and 13(7), Schedule 2, paragraph (e) and Schedule 3, paragraph (c), for “the Food Hygiene (Scotland) Regulations 2005 M17 ” in each place where it occurs substitute “ the Food Hygiene (Scotland) Regulations 2006 ”. S

Marginal Citations

M17 S.S.I. 2005/505.

51.  For the definitions contained in Schedule 1, substitute– S

““Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC M18 ;

“Regulation 178/2002” means 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 as last amended by Regulation 1642/2003;

“Regulation 1642/2003” means 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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M19 as read with Regulation 2073/2005;

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin M20 as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules M21 as read with Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs M22 ;

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M23 ;

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M24 ; and

“Regulation 2076/2005” means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 M25 .”.

Marginal Citations

M18 O.J. No. L 157, 30.4.04, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (O.J. No. L 195, 2.6.04, p.12).

M19 O.J. No. L 139, 30.4.04, p.1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (O.J. No. L 226, 25.6.04, p.3).

M20 O.J. No. L 139, 30.4.04, p.55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L 226, 25.6.04, p.22).

M21 O.J. No. L 165, 30.4.04, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.04, p.1).

M22 O.J. No. L 271, 15.10.05, p.17.

M23 O.J. No. L 338, 22.12.05, p.1.

M24 O.J. No. L 338, 22.12.05, p.27.

M25 O.J. No. L 338, 22.12.05, p.83.

Regulation 34

SCHEDULE 8 S Revocations

Column 1	Column 2	Column 3
Instruments	Reference	Extent of revocation
F31 . . .	F31 . . .	F31 . . .
The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000	S.S.I. 2000/62	Regulations 3(1), (2) and (3), 4(2) and (3), 5(1) to (3) and 6(1), (2) to (4), (6) and (7) and Schedule 1, Parts I and II, Schedule 2, Parts II and III, Schedule 3, Parts I to III and Schedule 4, Parts I to IV, VI and VIII
The Food Hygiene (Scotland) Regulations 2005	S.S.I. 2005/505	The whole Regulations

Textual Amendments

F31 Words in sch. 8 revoked (1.4.2011) by The Drinking Milk (Scotland) Regulations 2011 (S.S.I. 2011/84), regs. 1(b), 10