2018 No. 182
Agriculture
The Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018
Made 31st May 2018
Laid before the Scottish Parliament 1st June 2018
Coming into force 11th July 2018

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972 and all other powers enabling them to do so.
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 the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”), section 27(4). Section 2(2) was also amended by the 2006 Act, section 27(1)(a) and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and Part 1 of the schedule. The functions conferred upon the Minister of the Crown under section 2(2), insofar 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 Part 1 of the schedule of the 2008 Act.
The Regulations make provision for a purpose mentioned in that section and it appears to the Scottish Ministers that it is expedient for references to the following Regulations:—
(a) Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007;
OJ L 347, 20.12.2013, p.671.
(b) Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals; and
OJ L 171, 4.7.2017, p.74.
(c) Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals,
OJ L 171, 4.7.2017, p.103.
to be construed as references to those Regulations as amended from time to time.

1 Citation, commencement and interpretation
1 These Regulations may be cited as the Beef and Pig Carcase Classification (Scotland) Amendment Regulations 2018 and come into force on 11th July 2018.
2 In these Regulations the “2010 Regulations” means the Beef and Pig Carcase Classification (Scotland) Regulations 2010.
S.S.I. 2010/330, as amended by S.I. 2013/3235.

2 Amendment of the 2010 Regulations
The 2010 Regulations are amended in accordance with regulations 3 to 22.

3 Amendment of regulation 2
In regulation 2 (interpretation)—
(a) in paragraph (1)—
(i) in the definition of “adult bovine animal”, for “the live weight of which is more than 300 kilograms” substitute “aged eight months or more”;
(ii) after the definition of “clean pig” insert—

““Commission Delegated Regulation” means Commission Delegated Regulation (EU) 2017/1182 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig, and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time;”

;
OJ L 171, 4.7.2017, p.74.
(iii) for the definition “Commission Regulation” substitute—

““Commission Implementing Regulation” means Commission Implementing Regulation (EU) 2017/1184 laying down rules for the application of Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards the Union scales for the classification of beef, pig and sheep carcasses and as regards the reporting of market prices of certain categories of carcasses and live animals, as amended from time to time;”

;
OJ L 171, 4.7.2017, p.103.
(iv) for the definition of “Council Regulation” substitute—

““Council Regulation” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time;”

;
OJ L 347, 20.12.2013, p.671.
(v) after the definition of “pig carcase” omit “and”;
(vi) in the definition of “prescribed communication”, for “Article 7(1) of the Commission Regulation.” substitute “Article 1(1) of the Commission Implementing Regulation (communication of classification results); and”; and
(vii) after the definition of “prescribed communication” insert—

““qualified personnel” means persons who are using a grading technique provided for in Article 11 of the Commission Delegated Regulation and who are proficient in the use of that grading technique.”

; and
(b) in paragraph (2) for “Commission Regulation” substitute “Commission Delegated Regulation, the Commission Implementing Regulation”.

4 Amendment of regulation 5
In regulation 5 (application of the 2010 Regulations to small-small scale bovine operators), in paragraph (4), for “not more than 75” substitute “less than 150”.

5 Amendment of regulation 6
In regulation 6 (competent authority etc.: bovine carcases)—
(a) in paragraph (1)—
(i) after “competent authority” insert “, in relation to adult bovine animals,”;
(ii) before sub-paragraph (a) insert—

“(za) Article 4(1) of the Commission Implementing Regulation (reports);”

;
(iii) for sub-paragraph (a) substitute—

“(a) Article 10 of the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases);”

;
(iv) for sub-paragraph (b) substitute—

“(b) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);”

;
(v) for sub-paragraph (c) substitute—

“(c) Articles 13 and 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and”

; and
(vi) after sub-paragraph (c) insert—

“(d) Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).”

; and
(b) in paragraph (2), for “as described in Article 11 of the Commission Regulation” substitute “, in relation to adult bovine animals, as described in Articles 2 and 3 of the Commission Implementing Regulation”.

6 Amendment of regulation 7
For regulation 7 (labelling instead of marking) substitute—

“7 Marking
Bovine carcases need not be marked in accordance with Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation if all such carcases are cut, as a continuous operation, in a cutting plant approved in accordance with Regulation (EC) No 853/2004 of the European Parliament and of the Council, and attached to the slaughterhouse where the classification is carried out.
OJ L 139, 30.4.2004, p.55, as last amended by Commission Regulation (EU) 2017/1981 (OJ L 285, 1.11.2017, p.10).”

.

7 Amendment of regulation 8
In regulation 8 (licence to carry out classification), in paragraph (3)(b), for “Article 12(2) of the Commission Regulation (incorrect classifications or identifications)” substitute “Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)”.

8 Amendment of regulation 9
In regulation 9 (licence for automated grading)—
(a) in paragraph (1) for “equipment” substitute “methods”;
(b) in paragraph (3)(b) for “Article 12(2) of the Commission Regulation (incorrect classifications or identifications)” substitute “Article 4(2) of the Commission Implementing Regulation (revoking of licences and approvals)”; and
(c) in paragraph (3)(d)—
(i) for “automated grading equipment” substitute “automated grading method”;
(ii) for “Article 9 of, and Annex II to, the Commission Regulation” substitute “, in relation to bovine carcases, Article 10 of, and Annex IV to, the Commission Delegated Regulation (authorisation of automated grading methods for beef carcases)”; and
(iii) for “the equipment”, in each place where it occurs, substitute “the automated grading method”.

9 Amendment of regulation 13
In regulation 13 (exemption for small-scale pig operators), in paragraph (1), for “not more than 200” substitute “less than 500”.

10 Amendment of regulation 14
For regulation 14 (competent authority etc.: pig carcases) substitute—

“14 Competent authority etc: pig carcases
1 The Scottish Ministers are the competent authority, in relation to pigs, for the purposes of—
(a) Article 4(1) of the Commission Implementing Regulation (reports);
(b) Article 7(4) of the Commission Delegated Regulation (classification and weighing);
(c) Article 12(2)(b) of the Commission Delegated Regulation (additional provisions on classification by automated grading techniques);
(d) Article 14 of the Commission Implementing Regulation and Article 14 of the Commission Delegated Regulation (calculation and reporting of market prices); and
(e) Article 17(2) of the Commission Delegated Regulation (notification of supplementary payments).
2 The Scottish Ministers are responsible for on-the-spot checks, in relation to pigs, as described in Articles 2 and 3 of the Commission Implementing Regulation.”

.

11 Amendment of regulation 15
For regulation 15 (records instead of marking) substitute—

“15 Marking
Pig carcases need not be marked in accordance with Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation if an official record is drawn up and comprises for each carcase at least—
(a) the individual identification of the carcase by any unalterable means;
(b) the warm weight of the carcase; and
(c) the result of the classification.”

.

12 Amendment of regulation 18
In regulation 18 (powers of authorised officers), in paragraph (b), for “Commission Regulation” substitute “Commission Delegated Regulation and the Commission Implementing Regulation”.

13 Amendment of regulation 19
For regulation 19 (offences: European beef provisions) substitute—

“19 Offences: European beef provisions
Subject to regulation 7 (marking), any person who, in relation a bovine carcase—
(a) fails to comply with any requirement under a European beef provision; or
(b) contravenes any prohibition contained in a European beef provision,
commits an offence.”

.

14 Amendment of regulations 20 and 21
In regulations 20 (offences: European pig provisions) and 21 (offences: notifications by operators), in each place where it occurs, for “is guilty of” substitute “commits”.

15 Amendment of regulation 22
In regulation 22 (offences: licences (bovine carcases))—
(a) in paragraph (1) for “the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence” substitute “both the person who carries out the classification and the operator of that slaughterhouse commit an offence”;
(b) in paragraph (2)—
(i) for “automated grading equipment” substitute “automated grading methods”;
(ii) in sub-paragraph (a) for “equipment” substitute “method”; and
(iii) for “the person who carries out the classification and the operator of that slaughterhouse are each guilty of an offence” substitute “both the person who carries out the classification and the operator of that slaughterhouse commit an offence”;
(c) in paragraph (3) for “is guilty of” substitute “commits”; and
(d) after regulation 22 insert—

“22A Offences: authorised grading methods (pig carcases)
If classification of a pig carcase is carried out at an approved slaughterhouse—
(a) without using an authorised grading method provided for in Article 11 of the Commission Delegated Regulation; or
(b) without the operation of grading techniques, provided for in Article 11, by qualified personnel,
both the person who carries out the classification and the operator of that slaughterhouse commit an offence.”

.

16 Amendment of regulation 23
In regulation 23 (offences: records and marks)—
(a) in paragraph (1) for “is guilty of” substitute “commits”;
(b) for paragraph (2) substitute—

“2 Any person who marks a bovine carcase, or part of such a carcase—
(a) as prescribed by Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation; or
(b) in a way closely resembling the marking prescribed by Article 8(1), (2)(a), (3)(a), (4) and (5) of the Commission Delegated Regulation,
which is likely to mislead, commits an offence.”

; and
(c) after paragraph (2) insert—

“3 Any person who marks a pig carcase, or part of such a carcase—
(a) as prescribed by Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation; or
(b) in a way closely resembling the marking prescribed by Article 8(1), (2)(b), (3)(c), (4) and (5) of the Commission Delegated Regulation,
which is likely to mislead, commits an offence.”

.

17 Amendment of regulation 24
In regulation 24 (offences: obstruction etc.) for “is guilty of” substitute “commits”.

18 Amendment of regulation 25
In regulation 25 (period for bringing prosecution), in paragraph (1), after “22,” insert “22A,”.

19 Amendment of regulation 26
In regulation 26 (offences by bodies corporate), in paragraph (1)(b), for “is guilty of” substitute “commits”.

20 Amendment of regulation 28
In regulation 28 (offences: punishment)—
(a) in paragraph (1)—
(i) for “guilty of” substitute “who commits”; and
(ii) after sub-paragraph (d) insert—

“(da) regulation 22A (offences: authorised grading methods (pig carcases));”

; and
(b) in paragraph (2)—
(i) for “guilty of” substitute “who commits”; and
(ii) for “23(2)” substitute “23(2) and (3)”.

21 Amendment of schedule 1
For schedule 1 (European provisions: bovine carcases) substitute—

“SCHEDULE 1 European beef provisions: bovine carcases
Regulation 2(1)
(1) Regulations containing European provision	(2) Subject matter
Article 10 and Annex IV, point A(II), of the Council Regulation	Requirement to indicate the category of carcase
Article 10 and Annex IV, point A(III), of the Council Regulation	Requirement to indicate, in relation to a carcase, the class of conformation and fat cover
Article 10 and Annex IV, point A(IV), of the Council Regulation	Requirement to present carcases in the specified manner
Article 10 and Annex IV, point A(V), first sub-paragraph, of the Council Regulation	Requirement for approved slaughterhouses to classify carcases in accordance with the Union scale
Article 3(1) of, and Annex I to, the Commission Delegated Regulation	Requirement as to the class of conformation and fat cover in relation to bovine carcases
Article 6(1) of the Commission Delegated Regulation	Prohibition on removing fat, muscle or other tissue before weighing, classifying and marking
Article 6(3) of the Commission Delegated Regulation	Requirement to present carcase in specified manner, for the purpose of establishing market prices
Article 7(1) of the Commission Delegated Regulation	Requirement as to the place and time of classification
Article 7(3)(a) of the Commission Delegated Regulation	Requirements as to the time of weighing, relevant to classification
Article 7(5) of the Commission Delegated Regulation	Requirement as to time of classification in cases where automated grading method fails to classify carcase
Article 8(1) of the Commission Delegated Regulation	Requirements as to timing of marking of carcases
Article 8(2)(a) of the Commission Delegated Regulation	Requirements as to marking of carcases to indicate the category and class of conformation and fat cover
Article 8(3)(a) of the Commission Delegated Regulation	Requirements as to location of marking on carcase
Article 8(4) of the Commission Delegated Regulation	Requirement as to legibility of marking on carcase
Article 8(5) of the Commission Delegated Regulation	Requirements in relation to labelling of a carcase
Article 10(7) of the Commission Delegated Regulation	Prohibition on modifications of the technical specifications of licensed automatic grading methods without approval of the Scottish Ministers
Article 12 of the Commission Delegated Regulation	Requirements as to classification by automated grading techniques
Article 14(3) of the Commission Delegated Regulation	Requirement as to carcase weight to be taken into account for reporting market prices
Article 14(4) of the Commission Delegated Regulation	Requirement as to the reporting of market prices per each class
Article 17(2) of the Commission Delegated Regulation	Requirement as to notification of supplementary payments
Article 1 of the Commission Implementing Regulation	Requirements as to prescribed communication
Article 5(1), first and third subparagraphs, of and Annex to the Commission Implementing Regulation	Requirements concerning weighing of the carcase and adjustments to the weight in relation to bovine carcases aged eight months or more
Article 7 of the Commission Implementing Regulation	Requirement as to classes for recording of market prices for beef carcases
Article 8(1), (3), and (4) of the Commission Implementing Regulation	Requirement as to recording of market prices”

.

22 Amendment of schedule 2
For schedule 2 (European provisions: pig carcases) substitute—

“SCHEDULE 2 European pig provisions: pig carcases
Regulation 2(1)
(1) Regulations containing European provision	(2) Subject matter
Article 10 and Annex IV, point B(II) of the Council Regulation	Requirement to classify carcases into one of the specified classes
Article 10 and Annex IV, point B(III), of the Council Regulation, and Articles 3 and 4 of Commission Decision 2004/370/EC authorising methods for grading pig carcases in the United Kingdom	Requirement to present carcases in a manner specified in these provisions
Article 10 and Annex IV, point B(IV), first subparagraph, of the Council Regulation, and Article 1 of, and Annex 1 to, Commission Decision 2004/370/EC authorising methods for grading pig carcases in the United Kingdom	Requirement to grade carcases by methods authorised by the Commission
Article 6(1) of the Commission Delegated Regulation	Prohibition on removing fat, muscle, or other tissue before weighing, classifying and marking
Article 7(1) of the Commission Delegated Regulation	Requirements as to the place and time of classification
Article 7(3)(b) of the Commission Delegated Regulation	Requirement as to timing of weighing of carcase
Article 7(4)(a) of the Commission Delegated Regulation	Requirements as to weight adjustments
Article 8(1) of the Commission Delegated Regulation	Requirements as to timing of marking of carcases
Article 8(2)(b) of the Commission Delegated Regulation	Requirements as to marking of carcases to indicate the class of carcase or estimated lean meat percentage
Article 8(3)(c) of the Commission Delegated Regulation	Requirement as to location of marking on carcase
Article 8(4) of the Commission Delegated Regulation	Requirement as to legibility of marking on carcase
Article 8(5) of the Commission Delegated Regulation	Requirements in relation to labelling of a carcase
Article 12 of the Commission Delegated Regulation	Requirements as to classification by automated grading techniques
Article 14(3) of the Commission Delegated Regulation	Requirement as to carcase weight to be taken into account for reporting market prices
Article 14(4) of the Commission Delegated Regulation	Requirement as to the reporting of market prices per each class
Article 17(2) of the Commission Delegated Regulation	Requirement as to notification of supplementary payments
Annex V, Part 2 of Part A, to the Commission Delegated Regulation	Requirements as to assessment of lean meat content of carcases
Article 1 of the Commission Implementing Regulation	Requirements as to prescribed communication
Article 9 of the Commission Implementing Regulation	Requirements as to classes and weights for recording of market prices for pig carcases
Article 10 of the Commission Implementing Regulation	Requirement to record market prices for pigs
OJ L 116, 22.4.2004, p.32 to which there are amendments not relevant to these Regulations.”

.

23 Transitional provision
1 The amendments made by regulation 8 of these Regulations shall not affect the validity of any operator’s licence, issued prior to 11th July 2018 under regulation 9 of the 2010 Regulations.
2 Any such licence is to be treated, on and after 11th July 2018, as if it were a licence granted under regulation 9 of the 2010 Regulations as amended by regulation 8 of these Regulations.
FERGUS EWING A member of the Scottish Government St Andrew’s House, Edinburgh 31st May 2018

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Beef and Pig Carcase Classification (Scotland) Regulations 2010 (the “2010 Regulations”) consequent to the repeal of Commission Regulation (EC) No 1249/2008 (OJ L 337, 16.12.2008, p.3) (the “Commission Regulation”). These Regulations also implement provisions of the Commission Delegated Regulation (EU) 2017/1182 (OJ L 171, 4.7.2017, p.74) (the “Commission Delegated Regulation”) and Commission Implementing Regulation (EU) No. 2017/1184 (OJ L 171, 4.7.2017, p.103) (the “Commission Implementing Regulation”) which together replace the repealed Commission Regulation.
Regulation 3 amends regulation 2 of the 2010 Regulations to update the necessary definitions which require updating as a result of the repeal and replacement of the Commission Regulation.
Regulation 4 amends regulation 5 of the 2010 Regulations to amend the definition of “small-scale bovine operator” in terms permitted by the Commission Delegated Regulation.
Regulation 5 amends regulation 6 to designate, where necessary, the Scottish Ministers as the competent authority for the purposes of bovine carcases under the Commission Implementing Regulation and the Commission Delegated Regulation.
Regulation 6 substitutes a new regulation 7 of the 2010 Regulations on marking, to make provision for the exercise of the derogation provided for in Article 8(6)(b) of the Commission Delegated Regulation in respect of marking of bovine carcases.
Regulations 7 and 8 amend regulations 8 and 9 of the 2010 Regulations to update references to the Commission Implementing Regulation and the Commission Delegated Regulation required as a result of the repeal and replacement of the Commission Regulation.
Regulation 9 amends regulation 13 of the 2010 Regulations to amend the definition of “small-scale pig operator” in terms permitted by the Commission Delegated Regulation.
Regulation 10 amends regulation 14 to designate, where necessary, the Scottish Ministers as the competent authority for the purposes of pig carcases under the Commission Implementing Regulation and Commission Delegated Regulation.
Regulation 11 substitutes a new regulation 15 of the 2010 Regulations on marking to make provision for the exercise of the derogation provided for in Article 8(6)(a) of the Commission Delegated Regulation, in relation to pig carcases.
Regulation 12 amends regulation 18 of the 2010 Regulations to update references to the Commission Implementing Regulation and the Commission Delegated Regulation.
Regulation 13 amends regulation 19 of the 2010 Regulations to make consequential changes to the offence provisions taking into account the new provisions on marking.
Regulation 14 amends regulations 20 and 21 of the 2010 Regulations to update the language on offences in line with current drafting practice.
Regulation 15 amends regulation 22 of the 2010 Regulations and inserts a new regulation 22A into the 2010 Regulations. It has the effect that it is an offence for classification of a pig carcase to be carried out without using an authorised grading method provided for in Article 9(b) and Article 11 of the Commission Delegated Regulation. The words “automated grading equipment” in regulation 22 of the 2010 Regulations, which relate to bovine carcases, are substituted by “automated grading method” to reflect the terms of Article 11 of the Commission Delegated Regulation. Regulation 15 also updates the language in regulation 22 of the 2010 Regulations on offences in line with current drafting practice.
Regulation 16 amends regulation 23 of the 2010 Regulations to update references to the Commission Delegated Regulation and also updates the language on offences in line with current drafting practice.
Regulations 17, 19 and 20 amend regulations 24, 26 and 28 of the 2010 Regulations to update the language on offences in line with current drafting practice and to reflect the introduction of regulation 23(3) of the 2010 Regulations by regulation 16 of these Regulations.
Regulation 18 amends regulation 25 of the 2010 Regulations to make consequential changes to the 2010 Regulations to include references to the new regulation 22A, as inserted by regulation 15 of these Regulations.
Regulation 23 makes transitional provision, the effect of which is that licences granted under the regulation 9 of the 2010 Regulations remain valid when these Regulations come into force, notwithstanding the amendments made by regulation 8 of these Regulations.
Schedules 1 and 2 of the 2010 Regulations are substituted by regulations 21 and 22 respectively, and provide for updated references to the Commission Implementing Regulation and the Commission Delegated Regulation.
Further minor amendments to the 2010 Regulations are made.
No business and regulatory impact assessment has been prepared for these Regulations as no impact upon business, charities or voluntary bodies is foreseen.