The Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013

Regulation 3

SCHEDULE 1 S Instruments to which the sampling provisions of these Regulations do not apply

Title	Reference	Specified provisions
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997	S.I. 1997/1729	Regulations 7, 8, 9 and 10
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007	S.S.I. 2007/483	Regulations 7, 8 and 9
[F1 The Contaminants in Food (Scotland) Regulations 2013 (to the extent that a sample falls to be prepared and analysed in accordance with Regulation 1881/2006 as that expression is defined in those Regulations)	S.S.I. 2013/217]	Regulations 7, 8 and 9
The Poultrymeat (Scotland) Regulations 2011	S.S.I. 2011/318	Regulations 7, 8 and 9
The Materials and Articles in Contact with Food (Scotland) Regulations 2012	S.S.I. 2012/318	Regulations 7, 8 and 9

Textual Amendments

F1 Words in Sch. 1 substituted (1.10.2013) by The Contaminants in Food (Scotland) Regulations 2013 (S.S.I. 2013/217), regs. 1, 9

Regulation 5

SCHEDULE 2 S Qualifications of food examiners

PART 1 S

1.  A first degree (with honours) in microbiology (irrespective of the title of the degree). S

2.  A degree of master of science, provided that— S

(a) the degree was awarded following an examination rather than a thesis; and

(b) at least one paper in the degree was in microbiology.

3.  Fellowship of the Institute of Biomedical Sciences if that fellowship has been gained after passing the higher specialist diploma examination in medical microbiology set by that Institute. S

4.  The degree in mastership in chemical analysis awarded by the Royal Society of Chemistry. S

5.  Fellowship or membership of the Institute of Food Science and Technology. S

6.  The graduateship of the Society of Biology gained after passing the examinations in the Society's theory paper in microbiology. S

7.  In paragraphs 1 and 2 of this Part, “ degree” means a degree awarded by a body recognised for the purposes of section 214 of the Education Reform Act 1988 (which relates to bodies empowered to award degrees in the United Kingdom) or by a university in [F2 the European Union] [F3 , Iceland, the Principality of Liechtenstein or the Kingdom of Norway]. S

Textual Amendments

F2 Words in sch. 2 Pt. 1 para. 7 substituted (31.12.2020) by The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 11(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in sch. 2 Pt. 1 para. 7 inserted (1.12.2023) by The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/312), regs. 1, 3(2)(a)

PART 2 S

1.  The laboratory of the Government Chemist. S

2.  A laboratory owned by a government department or a laboratory under the equivalent control of the government [F4 in the European Union] [F5 , Iceland, the Principality of Liechtenstein or the Kingdom of Norway]. S

Textual Amendments

F4 Words in sch. 2 Pt. 2 para. 2 substituted (31.12.2020) by The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 11(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in sch. 2 Pt. 2 para. 2 inserted (1.12.2023) by The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/312), regs. 1, 3(2)(b)(i)

[F6 3.   A laboratory appointed as an official control laboratory under Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 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.] S

Textual Amendments

F6 Sch. 2 Pt. 2 para. 3 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/407), regs. 1, 10(2)

4.  A laboratory of a university in the United Kingdom or [F7 in a Member State of the European Union] [F8 , Iceland, the Principality of Liechtenstein or the Kingdom of Norway]. S

Textual Amendments

F7 Words in sch. 2 Pt. 2 para. 4 substituted (31.12.2020) by The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/52), regs. 1(1), 11(3); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in sch. 2 Pt. 2 para. 4 inserted (1.12.2023) by The Animal Welfare and Food Safety (International Professional Qualification Recognition Agreement Implementation) (Miscellaneous Amendment) (Scotland) Regulations 2023 (S.S.I. 2023/312), regs. 1, 3(2)(b)(ii)

5.  A laboratory of a [F9 post-16 education body within the meaning of section 35(1)] of the Further and Higher Education (Scotland) Act 2005. S

Textual Amendments

F9 Words in Sch. 2 Pt. 2 para. 5 substituted (31.3.2015) by The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015 (S.S.I. 2015/153), art. 1, Sch. para. 20

6.  A laboratory of the Scottish Agricultural College. S

7.  A laboratory specialising in food microbiology and accredited to ISO/IEC 17025 M1 . S

Marginal Citations

M1 European Standard EN ISO/IEC 17025 on ‘General requirements for the competence of testing and calibration laboratories’.

Regulation 10(2)

SCHEDULE 3 S Certificate of Analysis or Examination

Regulation 12

SCHEDULE 4 S Revocations

Title	Reference	Extent of revocation
The Food Safety (Sampling and Qualifications) Regulations 1990	S.I. 1990/2463	The whole Regulations
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997	S.I. 1997/1729	Regulation 35(1)
The Contaminants in Food (Scotland) Regulations 2010	S.S.I. 2010/329	Regulation 6
The Poultrymeat (Scotland) Regulations 2011	S.S.I. 2011/318	Regulation 22
The Materials and Articles in Contact with Food (Scotland) Regulations 2012	S.S.I. 2012/318	Regulation 28