Regulation 2(1)

SCHEDULE 1SDEFINITIONS OF COMMUNITY LEGISLATION

“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 M1;

Marginal Citations

M1O.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).

“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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs M2 as read with Regulation 2073/2005;

Marginal Citations

M2O.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) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.07, p.26).

“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 M3 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

Marginal Citations

M3O.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) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.07, p.26). Regulation (EC) No. 853/04 was amended by Regulation 2074/2005, Regulation 2076/2005 and by Commission Regulation (EC) No. 1662/2006 amending Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (O.J. No. L 320, 18.11.06, p.1), Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (O.J. No. L 363, 20.12.06, p.1), and by Commission Regulation (EC) No. 1243/2007 amending Annex III to Regulation (EC) No. 853/2004 of the European Parliament and the Council laying down specific hygiene rules for food of animal origin (O.J. No. L 281, 25.10.07, p.8).

“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 M4 as read with Regulation 2074/2005 and Regulation 2076/2005;

Marginal Citations

M4O.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) which should be read with a further Corrigendum (O.J. No. L 204, 4.8.07, p.29). Regulation (EC) No. 882/2004 is amended by Commission Regulation (EC) No. 776/2006 amending Annex VII to Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards Community reference laboratories (O.J. No. L 136, 24.5.06, p.3) and by Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (O.J. No. L 363, 20.12.06, p.1).

“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 M5;

Marginal Citations

M5O.J. No. L 271, 15.10.05, p.17.

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs M6;

Marginal Citations

M6O.J. No. L 338, 22.12.05, p.1, as read with the Corrigenda at O.J. No. L 278, 10.10.06, p.32 and O.J. No. L 283, 14.10.06, p.62.

“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 M7; and

Marginal Citations

M7O.J. No. L 338, 22.12.05, p.27, is amended by Regulation (EC) No. 2074/05 and by Commission Regulation (EC) No. 1244/2007 amending Regulation (EC) No. 2074/05 as regards implementing measures for certain products of animal origin intended for human consumption and laying down specific rules on official controls for the inspection of meat (O.J. No. L 281, 25.10.07, p.12).

“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 M8.

Marginal Citations

M8O.J. No. L 338, 22.12.05, p.83 amended by Commission Regulation (EC) No. 1666/2006 amending 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 (O.J. No. L 320, 18.11.06, p.47) and Commission Regulation (EC) No. 479/2007 amending 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 (O.J. No. L 111, 28.4.07, p.46) and Commission Regulation (EC) No. 1246/2007 amending Regulation (EC) No. 2076/2005 as regards the extension of the transitional period granted to food business operators importing fish oil intended for human consumption (O.J. No. L 281, 25.10.07, p.21).

Regulation 2(1)

SCHEDULE 2SDEFINITION OF RELEVANT FEED LAW

“relevant feed law” means–

(a)Part IV of the Agriculture Act 1970 M9 in so far as it applies in relation to feeding stuffs;

(b)the Feeding Stuffs (Sampling and Analysis) Regulations 1999 M10;

(c)the Genetically Modified Animal Feed (Scotland) Regulations 2004 M11;

(d)the Food Hygiene (Scotland) Regulations 2006 in so far as they apply in relation to feed;

(e)the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 M12; and

(f)the Feeding Stuffs (Scotland) Regulations 2005 M13.

Marginal Citations

M10S.I. 1999/1663, as amended by S.I. 1999/1871, 1999/1872 and by S.S.I. 2000/453, 2001/104, 2002/285, 2003/277, 2004/414, 2005/605 and 2006/16.

M12S.S.I. 2005/608 amended by S.S.I. 2005/616 and 2006/578.

M13S.S.I. 2005/605 as amended by S.S.I. 2006/530, 2006/516, 2006/16, 2006/578 and 2007/492.

Regulation 2(1)

SCHEDULE 3SDEFINITION 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 M14,

(ii)the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (Scotland) Regulations 2005 M15,

(iii)the application of the rules under which a traditional speciality guaranteed may be recognised for certain agricultural products and foodstuffs laid down in Council Regulation (EC) No. 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed M16,

(iv)the application of the rules on the protection of designations of origin and geographical indications of certain agricultural products and foodstuffs laid down in Council Regulation (EC) No. 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs M17,

(v)the regulation of organic products under the Organic Products (Import from Third Countries) Regulations 2003 M18 and the Organic Products Regulations 2004 M19,

(vi)the regulation of beef labelling under the Beef Labelling (Enforcement) (Scotland) Regulations 2001 M20,

(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 M21, with the exception of the execution and enforcement of regulation 3 thereof by the Agency,

(bb)under the Products of Animal Origin (Third Country Imports) (Scotland) Regulations 2007 M22, with the exception of the execution and enforcement of regulation 5 thereof by the Agency; and

(viii)the matters regulated under Schedule 2 to the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2006 M23 in so far as that Schedule applies in relation to animals slaughtered for human consumption, together with the matters covered under point 2 of Part II of Chapter A of Annex III to 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 M24in 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; 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 the Food Hygiene (Scotland) Regulations 2006.

Marginal Citations

M14S.I. 1997/1729, amended by S.I. 2001/3590, 2004/147, 2006/755 and S.S.I. 2005/616.

M15S.S.I. 2005/599, amended by S.S.I. 2006/151, 2006/312, 2006/548, 2007/142, 2007/306 and 2007/481.

M16O.J. No. L 93, 31.3.06, p.1.

M17O.J. No. L 93, 31.3.06, p.12 as amended by Council Regulation (EC) No. 1791/2006 adapting certain Regulations and Decisions in the fields of free movement of goods, freedom of movement of persons, company law, competition policy, agriculture (including veterinary and phytosanitary legislation), transport policy, taxation, statistics, energy, environment, cooperation in the fields of justice and home affairs, customs union, external relations, common foreign and security policy and institutions, by reason of the accession of Bulgaria and Romania (O.J. No. L 363, 20.12.06, p.1.)

M21S.I. 1996/3124, amended by S.I. 1997/3023, 1998/994 and by S.S.I. 2000/62, 2000/171, 2000/288, 2001/169, 2001/257, 2002/87, 2002/234, 2003/299, 2003/405, 2003/466, 2005/81, 2006/3.

M24O.J. No. L 147, 31.5.01, p.1, as last amended as at the making of this instrument by Commission Regulation (EC) No. 1275/2007 amending Annex IX to 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 (O.J. No. L 284, 30.10.07, p.8).

Regulation 4(1)

SCHEDULE 4SCOMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1Column 2
Competent authorityProvisions of Regulation 882/2004
The AgencyArticles 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, 27, 28, 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 authorityArticles 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, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 4(3)

SCHEDULE 5SCOMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1Column 2
Competent authorityProvisions of Regulation 882/2004
The AgencyArticles 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, 27, 28, 31, 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The food authorityArticles 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, 27, 28, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54