Prospective
Explanatory Note
(This note is not part of the Regulations)
These Regulations replace the Beef Labelling (Enforcement) (Scotland) Regulations 2001 (S.S.I. 2001/252) with Regulations setting out requirements for the labelling of veal as well as beef.
They continue to enforce Title II of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and subsidiary Commission Regulations.
They also enforce the provisions relating to veal of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products as well as the provisions of Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less.
The Scottish Ministers enforce these Regulations in slaughterhouses, cutting plants and wholesalers, the relevant local authority enforces these Regulations in all other places (regulation 4(2)).
It is an offence:
for persons engaged in the marketing of beef or veal to fail to comply with the applicable requirements of the compulsory and voluntary beef or veal labelling schemes in Schedule 1 to the Regulations (regulation 5(1)); or
to fail to comply with the requirements of a notice served by an authorised officer requiring the removal from sale of beef or veal which has been wrongly labelled or marketed (regulation 5(4)).
Both offences are punishable on summary conviction to a fine not exceeding level 5 on the standard scale, currently £5,000 (regulation 9(2)).
The Regulations confer powers of entry, inspection, sampling and enforcement on authorised officers (regulations 6(2) and Schedule 2) and make provision for the protection of officers acting in good faith (Schedule 2, paragraph 3). It is an offence to obstruct an authorised officer acting in the execution of the Regulations (Schedule 2, paragraph 4), punishable on summary conviction by a fine not exceeding level 5 on the standard scale or imprisonment for up to six months (regulation 9(2)).
Regulation 7 makes provision for offences by bodies corporate. Regulation 8 provides for a defence of due diligence (regulation 8).
A Regulatory Impact Assessment (RIA) was prepared in respect of these Regulations. Copies of the RIA can be obtained from the Scottish Government Rural Directorate, Pentland House, 47 Robb’s Loan, Edinburgh, EH14 1TY. Copies have been placed in the Scottish Parliament Information Centre.