SCHEDULES
SCHEDULE 1DEFINITIONS OF COMMUNITY LEGISLATION
F1“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;
F5“Regulation 999/2001” 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 amended by, and as read with, the instruments set out in Schedule 1 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006.
“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 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 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 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;
“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs ;
“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; 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.
SCHEDULE 2DEFINITION OF RELEVANT FEED LAW
“relevant feed law” means–
a
Part IV of the Agriculture Act 1970 M1, in so far as it applies in relation to feeding stuffs;
b
the Feeding Stuffs (Sampling and Analysis) Regulations 1999 M2;
c
the Feeding Stuffs (Scotland) Regulations 2000 M3;
d
the Genetically Modified Animal Feed (Scotland) Regulations 2004 M4
e
F2the Food Hygiene (Scotland) Regulations 2006 in so far as they apply in relation to feed;
F8f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
g
the Feeding Stuffs (Scotland) Regulations 2005 M5; and
h
the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 M6,
but excluding the Act and Regulations listed above in so far as they may apply to–
a
any of the following feed additives–
i
coccidiostats;
ii
histomonostats; or
iii
any zootechnical additive falling within category (d) of Article 6(1) of Regulation 1831/2003; or
b
any premixture within the meaning given in Article 2(2)(e) of Regulation 1831/2003 consisting solely of a combination of such additives.
SCHEDULE 3DEFINITION OF RELEVANT FOOD LAW
“relevant food law” means–
a
food law in so far as it applies in relation to food, except in so far as it involves–
i
the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 M7,
ii
the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2000 M8,
iii
the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs M9 as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded M10,
iv
the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs M11 as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,
v
vi
vii
the regulation of the import of and trade in products of animal origin–
aa
under the Products of Animal Origin (Import and Export) Regulations 1996 M15, with the exception of the execution and enforcement of regulation 3 thereof by the Agency, and
bb
under the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 M16, with the exception of the execution and enforcement of regulation 4 thereof by the Agency;
F7vii
Schedule 2 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption, together with point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 in so far as that point applies in relation to animals slaughtered for human consumption.
b
food law in so far as it applies in relation to materials and articles in contact with food F4...; and
c
food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under F3the Food Hygiene (Scotland) Regulations 2006.
SCHEDULE 4COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW
Column 1 | Column 2 |
|---|---|
Competent authority | Provisions of Regulation 882/2004 |
The Agency | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54. |
The feed authority | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54. |
SCHEDULE 5COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW
Column 1 | Column 2 |
|---|---|
Competent authority | Provisions of Regulation 882/2004 |
The Agency | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31, 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54. |
The food authority | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54. |
SCHEDULE 6REVOCATIONS
Column 1 | Column 2 | Column 3 |
|---|---|---|
Instruments | Reference | Extent of revocation |
The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 | S.I. 1966/1263 | Regulation 10 |
The Erucic Acid in Food (Scotland) Regulations 1977 | S.I. 1977/1028 | Regulation 9 |
The Chloroform in Food (Scotland) Regulations 1980 | S.I. 1980/289 | Regulation 9 |
The Imported Food (Scotland) Regulations 1985 | S.I. 1985/913 | The whole Regulations |
The Caseins and Caseinates (Scotland) Regulations 1986 | S.I. 1986/836 | Regulation 10 M17 |
The Food (Control of Irradiation) Regulations 1990 | S.I. 1990/2490 | Regulation 8 |
The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990 | S.I. 1990/2625 | Article 8 |
The Food Safety (Exports) Regulations 1991 | S.I. 1991/1476 | The whole Regulations |
The Flavourings in Food Regulations 1992 | S.I. 1992/1971 | Regulation 8 |
The Food Additives Labelling Regulations 1992 | S.I. 1992/1978 | Regulation 6 |
The Extraction Solvents in Food Regulations 1993 | S.I. 1993/1658 | Regulation 6 |
The Infant Formula and Follow–on Formula Regulations 1995 | S.I. 1995/77 | Regulations 5(2) and 6(2) |
The Sweeteners in Food Regulations 1995 | S.I. 1995/3123 | Regulation 8 |
The Colours in Food Regulations 1995 | S.I. 1995/3124 | Regulation 10 |
The Miscellaneous Food Additives Regulations 1995 | S.I. 1995/3187 | Regulation 8 |
The Food Labelling Regulations 1996 | S.I. 1996/1499 | Regulation 47 |
The Miscellaneous Food Additives (Amendment) Regulations 1997 | S.I. 1997/1413 | Regulation 5 |
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 | S.I. 1997/1729 | Regulation 29 |
The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 | S.I. 1997/2182 | Regulation 8 |
The Imported Food Regulations 1997 | S.I. 1997/2537 | The whole Regulations |
The Bread and Flour Regulations 1998 | S.I. 1998/141 | Regulation 9 |
The Plastic Materials and Articles in Contact with Food Regulations 1998 | S.I. 1998/1376 | Regulation 3(2) |
The Food Labelling (Amendment) Regulations 1998 | S.I. 1998/1398 | Regulation 12 |
The Drinking Milk Regulations 1998 | S.I. 1998/2424 | Regulation 7 |
The Food Labelling (Amendment) Regulations 1999 | S.I. 1999/747 | Regulation 10 |
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999 | S.I. 1999/1540 | Regulation 18(1) and (3) |
The Spreadable Fats (Marketing Standards) (Scotland) Regulations 1999 | S.S.I. 1999/34 | Regulation 7 |
The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (Scotland) Regulations 2000 | S.S.I. 2000/62 | Regulation 7(1) and Part I of Schedule 5 |
The Foods for Special Medical Purposes (Scotland) Regulations 2000 | S.S.I. 2000/130 | Regulation 6 |
The Food Irradiation Provisions (Scotland) Regulations 2000 | S.S.I. 2000/309 | Regulation 8 |
The Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001 | S.S.I. 2001/38 | Regulation 9 |
The Food For Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2002 | S.S.I. 2002/397 | Regulation 7 |
The Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2002 | S.S.I. 2002/445 | Schedule 8, paragraph 3 |
The Plastic Materials and Articles in Contact with Food (Amendment) (Scotland) Regulations 2002 | S.S.I. 2002/498 | Regulation 5(a) in so far as it amends regulation 3(2) of S.I. 1998/1376 |
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Scotland) Regulations 2003 | S.S.I. 2003/139 | Regulation 13(a) and (c) |
The Food Supplements (Scotland) Regulations 2003 | S.S.I. 2003/278 | Regulation 10 |
The Cocoa and Chocolate Products (Scotland) Regulations 2003 | S.S.I. 2003/291 | Regulation 9 |
The Fruit Juices and Fruit Nectars (Scotland) Regulations 2003 | S.S.I. 2003/293 | Regulation 8 |
The Condensed Milk and Dried Milk (Scotland) Regulations 2003 | S.S.I. 2003/311 | Regulation 8 |
The Specified Sugar Products (Scotland) Regulations 2003 | S.S.I. 2003/527 | Regulation 8 |
The Honey (Scotland) Regulations 2003 | S.S.I. 2003/569 | Regulation 9 |
The Food Labelling Amendment (Scotland) Regulations 2003 | S.S.I. 2003/578 | In Regulation 4(2), the reference to regulation 47(b) |
The Meat Products (Scotland) Regulations 2004 | S.S.I. 2004/6 | In Regulation 8(a)(iii) “or” and Regulation 8(b) |
The Processed Cereal–based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004 | S.S.I. 2004/8 | Regulation 11 |
The Jam and Similar Products (Scotland) Regulations 2004 | S.S.I. 2004/133 | Regulation 8 |
The Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (Scotland) Regulations 2004 | S.S.I. 2004/395 | Regulation 7 |
The Food Labelling (Added Phytosterols or Phytostanols) (Scotland) Regulations 2005 | S.S.I. 2005/1 | Regulation 9 |
Regulation 10 was inserted by the Food Safety (Exports) Regulations 1991 (S.I. 1991/1476), regulation 2(1).