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

Regulation 3

SCHEDULE 1 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
The Contaminants in Food (Scotland) Regulations 2010 (to the extent that a sample falls to be prepared and analysed in accordance with Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs(1))	S.S.I. 2010/329	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

Regulation 5

SCHEDULE 2 Qualifications of food examiners

PART 1

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

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

(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.

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

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

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

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 another Member State.

PART 2

1.  The laboratory of the Government Chemist.

2.  A laboratory owned by a government department or a laboratory under the equivalent control of the government of another Member State.

3.  A laboratory appointed as an official control laboratory under Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(2).

4.  A laboratory of a university in the United Kingdom or of another Member State.

5.  A laboratory of a fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005.

6.  A laboratory of the Scottish Agricultural College.

7.  A laboratory specialising in food microbiology and accredited to ISO/IEC 17025(3).

Regulation 10(2)

SCHEDULE 3 Certificate of Analysis or Examination

Regulation 12

SCHEDULE 4 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

(1)

OJ L 364, 20.12.2006, p.5. This Regulation was last amended by Commission Regulation (EU) No. 1058/2012 amending Regulation (EC) No. 1881/2006 as regards maximum levels for aflatoxins in dried figs (OJ L 313, 13.11.2012, p.14).

(2)

OJ L 165, 30.4.2004, p.1. The revised text of the Regulation is set out in a Corrigendum (OJ L 191, 28.5.2004, p.1). The Regulation was last amended by Commission Regulation (EU) No. 563/2012 (OJ L 168, 28.6.2012, p.24).

(3)

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