Scottish Statutory Instruments
2011 No. 318
Food
The Poultrymeat (Scotland) Regulations 2011
Made
7th September 2011
Laid before the Scottish Parliament
9th September 2011
Coming into force
10th October 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17, 26(2) and (3), 45(1) and 48(1) of the Food Safety Act 1990(1) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(2) and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references in these Regulations to the following Regulations to be construed as references to those Regulations as amended from time to time—
(a)Part B of Annex XIV to Council Regulation (EC) No 1234/2007(3) establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation); and
(b)Commission Regulation (EC) No 543/2008(4) laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat.
The Scottish Ministers have carried out consultation as required by Article 9 of 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(5).
To the extent that these Regulations have been made in exercise of the powers under the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency, as required by section 48(4A) of that Act(6).
1990 c.16. Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999 (c.28) (“the 1999 Act”); sections 16(1), 17(2) and 48(1) were amended by paragraphs 7 and 8 of Schedule 5 to the 1999 Act; section 17 was also amended by paragraph 12 of Schedule 5 to the 1999 Act; section 26(3) was amended by Schedule 6 to the 1999 Act; section 45(1) was amended by paragraphs 8 and 20 of Schedule 5 to the 1999 Act; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990 as consultation is required in respect of these Regulations by Article 9 of Regulation (EC) No 178/2002; by virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to that Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the 1998 Act”). The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, Schedule, Part 1.
OJ L 299, 16.11.2007, p.1. This Regulation was last amended by Regulation (EU) No 1234/2010 (OJ L 346, 30.12.2010, p.11).
OJ L 157, 17.6.2008, p.46, last amended by Commission Implementing Regulation (EU) No 576/2011 (OJ L 159, 17.6.2011, p.66).
OJ L 31, 1.2.2002, p.1, to which there are no amendments relevant to Article 9.
Section 48(4A) was inserted by the Food Standards Act 1999 (c.28), paragraphs 7 and 21 of Schedule 5.