The Official Feed and Food Controls (Scotland) Regulations 2009 No. 446

1. Introductory Text

2. PART 1 PRELIMINARY

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

3. PART 2 MAIN PROVISIONS

   1. 3. Competent authorities

   2. 3A. Delegation by feed authority

   3. 4. Exchanging and providing information

   4. 5. Obtaining information

   5. 6. Power to issue codes of recommended practice

   6. 7. Monitoring of enforcement action

   7. 8. Power to request information relating to enforcement action

   8. 9. Power of entry for persons monitoring enforcement action

   9. 10. Meaning of “enforcement authority” and related expressions

   10. 11. Offences relating to regulations 8 and 9

   11. 12. Right of appeal

   12. 13. Appeal to Court of Session against dismissal of appeal under regulation 12(1)

   13. 14. Staff of competent authority of another member State

   14. 15. Commission experts

   15. 16. Prohibition on disclosure of trade secrets

   16. 17. Execution and enforcement

   17. 18. Powers of entry

   18. 19. Obstruction etc. of officers

   19. 20. Penalties

   20. 21. Time limit for prosecutions

4. PART 3 OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES

   1. 22. Interpretation of this Part of these Regulations

   2. 23. Feed enforcement responsibilities and competent authority status

   3. 24. Food enforcement responsibilities and competent authority status

   4. 25. Functions of the Commissioners

   5. 26. Exchange of information

   6. 27. Deferred execution and enforcement

   7. 28. Prohibition on introduction of certain feed and food

   8. 29. Checks on products

   9. 30. Border control posts

   10. 31. Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs

   11. 32. Notices in relation to imports of feed and food from third countries pursuant to regulation 31

   12. 33. Right of appeal in respect of notices served under regulation 32

   13. 34. Appeal to Court of Session against dismissal of appeal under regulation 33

   14. 35. Serious risk to animal or public health

   15. 36. Costs and fees

   16. 37. Procurement by authorised officers of samples with regard to food

   17. 38. Analysis etc. of samples

   18. 39. Powers of entry of authorised officers of a food authority

   19. 40. Obstruction etc. of officers (imports)

   20. 41. Offences and penalties

   21. 42. Time limit for prosecutions (imports)

   22. 42A. Savings for declarations

5. PART 4 RECOVERY OF EXPENSES

   1. 42B. Fees or charges arising from unplanned official controls

   2. 43. Expenses arising from additional official controls

   3. 44. Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

6. PART 5 ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

   1. 45. Offences due to fault of another person

   2. 46. Defence of due diligence

   3. 47. Offences by bodies corporate

   4. 48. Offences by Scottish partnerships

   5. 49. Protection of officers acting in good faith

   6. 50. Service of documents

   7. 51. Amendment to the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005

   8. 52. Revocation

   9. 53. Transitional and savings provisions applying to feed

7. Signature

8. 1. SCHEDULE 1

      DEFINITIONS OF COMMUNITY LEGISLATION

      1. “ Decision 2007/275 ” means Commission Decision 2007/275/EC concerning lists...

   2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

      1. “relevant feed law” means— Part IV of the Agriculture Act...

   3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

      1. “relevant food law” means— food law in so far as...

   4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

   5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

   6. SCHEDULE 6

      SPECIFIED IMPORT PROVISIONS

9. Explanatory Note