The Official Feed and Food Controls (Scotland) Regulations 2009

Regulation 2(1)

[F1 SCHEDULE 1 DEFINITIONS OF COMMUNITY LEGISLATION

Textual Amendments

F1 Sch. 1 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), reg. 1, sch. 4

“Decision 2007/275” means Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78,

“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,

“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,

“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 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 read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2017/185,

“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,

“Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council,

“Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council,

“Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC as read with Regulation 2074/2005, Regulation 2017/185 and the Regulation 2017/625 package.

The Regulation 2017/625 package

Implementing Regulations

“Regulation 2018/329” means Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfare,

“Regulation 2019/66” means Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods,

“Regulation 2019/530” means Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmas,

“Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists,

“Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No 2074/2005 as regards official controls,

“Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates,

“Regulation 2019/723” means Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member States,

“Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union,

“Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points,

“Regulation 2019/1715” means Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components,

“Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660,

“Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products,

Delegated Regulations

“Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants,

“Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts,

“Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council,

“Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption,

“Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts,

“Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control posts,

“Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination,

“Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union.]

Regulation 2(1)

SCHEDULE 2 DEFINITION 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)

  [F2 the Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010];

  (c)

  the Genetically Modified Animal Feed (Scotland) Regulations 2004 M2 ;

  (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 M3 ;

  (f)

  the Feeding Stuffs (Scotland) Regulations 2005 M4 ; F3 ...

  (g)

  the Guar Gum (Restriction on First Placing on the Market) (Scotland) Regulations 2008 M5 [F4 ; and

  (h)

  the Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018]

Textual Amendments

F2 Words in sch. 2 para. (b) substituted (15.11.2010) by The Feed (Sampling and Analysis and Specified Undesirable Substances) (Scotland) Regulations 2010 (S.S.I. 2010/354), regs. 1, 23(2)

F3 Word in sch. 2 para. (f) omitted (6.2.2018) by virtue of The Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018 (S.S.I. 2018/15), regs. 1, 8(a)

F4 Sch. 2 para. (h) and word inserted (6.2.2018) by The Animal Feed (Basic Safety Standards) (Scotland) Regulations 2018 (S.S.I. 2018/15), regs. 1, 8(b)

Marginal Citations

M1 1970 c.40.

M2 S.S.I. 2004/433, amended by S.S.I. 2005/246 and 2007/493.

M3 S.S.I. 2005/608, amended by S.S.I. 2005/616, 2006/578, 2008/201 and 2009/263.

M4 S.S.I. 2005/605, amended by S.S.I. 2006/16, 516 and 578, 2007/492, 2008/215 and 2009/21.

M5 S.S.I. 2008/176.

Regulation 2(1)

SCHEDULE 3 DEFINITION 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 M6 ,

  (ii)

  the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels) (Scotland) Regulations 2008 M7 ,

  (iii)

  F5 ...

  (iv)

  [F6 the application of the rules on quality schemes which provide the basis for the identification and protection of names and terms that indicate or describe agricultural products with value-adding characteristics laid down in Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs],

  (v)

  the regulation of organic products under the Organic Products Regulations 2009 M8 ,

  (vi)

  the regulation of beef and veal labelling under the Beef and Veal Labelling (Scotland) Regulations 2008 M9 ,

  (vii)

  [F7 the regulation of the import of and trade in products of animal origin under the Trade in Animals and Related Products (Scotland) Regulations 2012, with the exception of the execution and enforcement under regulation 27 of those Regulations by the Agency;]

  (viii)

  the matters regulated under Schedule 2 to [F8 the Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010] 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 I and point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 as read with Commission Decision 2009/719/EC authorising certain Member States to revise their annual BSE monitoring programmes M10 in so far as those points apply in relation to animals slaughtered for human consumption; and

  (ix)

  the regulation of spirit drinks under the Spirit Drinks Regulations 2008 M11 .

  (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 point 1 of Part AI of Annex I to Regulation 852/2004, under the Food Hygiene (Scotland) Regulations 2006.

Textual Amendments

F5 Sch. 3 para. (a)(iii) omitted (1.1.2019) by The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 (S.I. 2018/1275), regs. 1, 27(2)(a)

F6 Sch. 3 para. (a)(iv) substituted (1.1.2019) by The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 (S.I. 2018/1275), regs. 1, 27(2)(b)

F7 Sch. 3 para. (a)(vii) substituted (1.7.2012) by The Trade in Animals and Related Products (Scotland) Regulations 2012 (S.S.I. 2012/177), reg. 1(b), sch. 4 para. 3 (with reg. 3)

F8 Words in sch. 3 substituted (28.5.2010) by The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010 (S.S.I. 2010/177), reg. 1(1), sch. 9 para. 9

Marginal Citations

M6 S.I. 1997/1729, amended by S.I. 2001/3590 2004/147, 2006/755, 2009/1925 and S.S.I. 2005/616.

M7 S.S.I. 2008/342.

M8 S.I. 2009/842.

M9 S.S.I. 2008/418.

M10 O.J. No. L 256, 29.9.2009, p.35.

M11 S.I. 2008/3206.

Regulation 3(1)

[F9 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

Textual Amendments

F9 Sch. 4 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), reg. 1, sch. 5

Column 1 Competent authority	Column 2 Provisions of Regulation 2017/625
The Agency	Articles 4(2)(a), 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, , 42, 63, 75, 76, 78, , 86, 88, 89, 91, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 133, 135, 137, 138.
The feed authority	Articles 4(2)(a), 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 28, 29, 30, 31, 32, 33, 35, 36, 38, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65, 66, 67, 68, 69, 71, 72, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 130, 133, 135, 137, 138.]

Regulation 3(3)

[F10 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

Textual Amendments

F10 Sch. 5 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), reg. 1, sch. 6

Column 1 Competent authority	Column 2 Provisions of Regulation 2017/625
The Agency	Articles 4(2)(a), 5, 6, 7, 8, 9, 10, 11, 12, 13, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 44, 45, 46, 63, 65, 66, 67, 68, 69, 71, 72, 7576,78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115,116, 130, 133, 135, 137, 138, 148.
The food authority	Articles 4(2)(a), 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 28, 29, 30, 31, 32, 33, 35, 36, 38, 42, 44, 45, 46,47, 49, 50,55, 56, 57, 63, 65, 66, 67, 68, 69, 71, 72, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 130, 133, 135, 137, 138, 148.]

Regulations 22 and 41(1)(a)

[F11 SCHEDULE 6 SPECIFIED IMPORT PROVISIONS

Textual Amendments

F11 Sch. 6 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), reg. 1, sch. 7

Column 1 Provisions of EU legislation	Column 2 Requirement
Article 1 of Regulation 2019/1013	Requirement that the operator responsible for a consignment give prior notification to the competent authority of the border control post of first arrival into the Union, at least one working day before the expected arrival of the consignment.
Article 3(1) of Regulation 2019/1666	Requirement that the operator responsible for the consignment is to, within one day upon arrival of the consignment, inform the competent authority responsible for performing the official controls at the establishment at the place of destination of the arrival of the consignment.
Article 3 of Regulation 2019/1602	Requirement that a CHED is to accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post.
Article 4(a) of Regulation 2019/1602	Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies the consignment to the place of destination and until it is released into free circulation.
Article 4(b) of Regulation 2019/1602	Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and is to keep a copy of the CHED at the disposal of the customs authorities.
Article 5(1)(a) of Regulation 2019/1602	Requirement that where a consignment is to be split at the border control post, when giving prior notification, the operator responsible for the consignment is to declare the border control post as the place of destination in the CHED for the entire consignment.
Article 5(1)(b) of Regulation 2019/1602	Requirement that where a consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to request that the consignment be split and is to submit, through the IMSOC a CHED for each part of the split consignment and make a declaration.
Article 5(1)(d) of Regulation 2019/1602	Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to ensure that a copy of the CHED for each part of the split consignment accompanies the relevant part to the place of destination and until it is released into free circulation.
Article 5(1)(e) of Regulation 2019/1602	Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Article 5(2)(a) of Regulation 2019/1602	Requirement that where a non-compliant consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to submit a CHED for each part of the split consignment and make a declaration.
Article 6(a) of Regulation 2019/1602	Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies each part of the split consignment until it is released for free circulation.
Article 6(b) of Regulation 2019/1602	Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.]