The Food Hygiene (Scotland) Regulations 2006

Offences and penalties S

[F1 17.— (1) Subject to paragraphs (4) to [F2 (9)], any person who contravenes or fails to comply with any of the specified Community provisions is guilty of an offence.

(2) Subject to paragraph (3), a person guilty of an offence under these Regulations is liable—

(a) on summary conviction to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.

(3) A person guilty of an offence under regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

(4) Provided the requirements of Schedule 3 are complied with, a person shall be considered not to have contravened or failed to comply with Article 4(2) of Regulation 852/2004 as read with paragraph 4 of Chapter IV of Annex II to that Regulation (bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs).

(5) Provided the requirements of Schedule 3A are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption).

(6) Provided the requirements of Schedule 3B are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 5 of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption).

(7) Provided the requirements of Schedule 3C are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport for livestock unless the competent authority permits them not to have such places and official authorised places and facilities exist nearby).

(8) Provided the requirements of Schedule 3D are complied with, a person shall be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation 853/2004 as read in either case with paragraph 6(b) of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport unless officially authorised places and facilities exist nearby).

[F3 (9) Provided the requirements of subparagraph (a) or (b), as the case may be, are met, a person is to be considered not to have contravened or failed to comply with Article 5(1) of (EU) Regulation 853/2004, where—

(a) in the case of a health mark—

(i) the health mark was applied to a product of animal origin subject to Article 5(1) before IP completion day, and

(ii) the health mark complied with Article 5(1) as it applied immediately before IP completion day,

(b) in the case of an identification mark—

(i) the identification mark—

(aa) was applied to a product of animal origin subject to Article 5(1) before IP completion day, or

(bb) is applied to a product of animal origin subject to Article 5(1) no later than [F4 31 December 2023] using a label, wrapping or packaging (bearing the identification mark) owned by the food business operator before IP completion day, and

(ii) the identification mark complied or would have complied with Article 5(1) as it applied immediately before IP completion day.]]

Textual Amendments

F1 Reg. 17 substituted (13.4.2010) by The Food Hygiene (Scotland) Amendment Regulations 2010 (S.S.I. 2010/69), regs. 1, 2(3)

F2 Word in reg. 17(1) substituted (31.12.2020) by The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/285), regs. 1(1), 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Reg. 17(9) inserted by The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/285), regs. 1(1), 3(2)(b) (as substituted by S.S.I. 2020/372, regs. 1(2)(a), 9(3)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 17(9)(b)(i)(bb) substituted (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 8