The Official Feed and Food Controls (Scotland) Regulations 2005
| Year | 2005 |
2005 No. 616
AGRICULTURE
FOOD
The Official Feed and Food Controls (Scotland) Regulations 2005
Made 30th November 2005
Laid before the Scottish Parliament 1st December 2005
Coming into force 1st January 2006
The Scottish Ministers, in exercise (with regard to regulation 41 of the following Regulations) of the powers conferred by sections 16(1), 17(2) and 48(1) of the Food Safety Act 19901, having had regard in accordance with section 48(4A)2of that Act to relevant advice given by the Food Standards Agency and, in exercise (with regard to the following Regulations except regulation 41) of the powers conferred by section 2(2) of the European Communities Act 19723and of all other powers enabling them in that behalf, and after consultation as required by Article 9 of Regulation (EC) No. 178/2002of 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 safety4, hereby make the following Regulations:
PART 1
PRELIMINARY
Citation, commencement and extent
1. These Regulations–
(a) may be cited as the Official Feed and Food Controls (Scotland) Regulations 2005;
(b) come into force on 1st January 2006; and
(c) extend to Scotland only.
Interpretation
2.—(1) In these Regulations–
“the Act” means the Food Safety Act 1990;
“the Agency” means the Food Standards Agency;
“authorised officer”–
(a) in relation to a competent authority, means any person appointed under regulation 3(1); and
(b) in relation to a relevant enforcement authority, means any person appointed under regulation 3(2);
“competent authority” means the authority which, by virtue of regulation 4, is so designated for the purposes of the provisions of Regulation 882/2004 specified in that regulation;
“Directive 2004/41”, “Regulation 178/2002”, “Regulation 1831/2003”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004” and “Regulation 1688/2005” have the meanings respectively given to them in Schedule 1;
“feed authority” and “food authority” respectively mean a council constituted under section 2 of the Local Government etc. (Scotland) Act 19945;
“the Official Control Regulations” means these Regulations and Regulation 882/2004;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“primary production” has the meaning it bears in Regulation 852/2004;
“relevant enforcement authority” means a body which, by virtue of regulation 18, is made responsible for executing and enforcing regulations 6(3), 10(8), 12, 17, 19(8) and 20;
“relevant feed law” has the meaning given to it in Schedule 2; and
“relevant food law” has the meaning given to it in Schedule 3.
(2) Subject to paragraph (3), any expression other than–
(a)
(a) one defined in paragraph (1); and
(b)
(b) for the purposes of Part 3 of these Regulations one defined in regulation 23,
(3) Subject to paragraph (1) and, for the purposes of Part 3 of these Regulations to regulation 23, and unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004 as the case may be.
Appointment of authorised officers
3.—(1) Competent authorities may in writing appoint as authorised officers, either generally or specially, such persons (whether or not officers of those bodies) as they consider necessary to act in matters arising under the Official Control Regulations.
(2) Relevant enforcement authorities may in writing appoint as authorised officers, either generally or specially, such persons (whether or not officers of those bodies) as they consider necessary to act in matters arising under Part 2 of these Regulations.
PART 2
MAIN PROVISIONS
Competent authorities
4.—(1) Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
(2) Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation shall extend to its area only.
(3) Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule insofar as those provisions apply in relation to relevant food law.
(4) Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation shall extend to its area only.
(5) Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation shall extend only to the operations in respect of which the Agency executes and enforces the Food Hygiene (Scotland) Regulations 20056by virtue of regulation (5)(1)(a) of those Regulations.
(6) Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e), only to those operations in respect of which the Agency executes and enforces the Food Hygiene (Scotland) Regulations 2005 by virtue of regulation 5(2) of those Regulations.
Exchanging and providing information
5.—(1) For the purpose of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution or enforcement of relevant feed law or relevant food law.
(2) For the purposes of executing or enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution or enforcement of relevant feed law or relevant food law.
(3) Competent authorities may share information received by them in the execution or enforcement of relevant feed law or relevant food law with the bodies that execute and enforce relevant feed law or relevant food law in Wales, England and Northern Ireland for the purposes of facilitating the execution or enforcement of relevant feed law or relevant food law in those countries.
(4) Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
(5) For the purposes of this regulation, “other OFFC authorities” means authorities designated in any part of the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
Obtaining information
6.—(1) For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing or enforcing relevant feed law or relevant food law, a competent authority may require a control body–
(a)
(a) to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
(b)
(b) to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
(2) The competent authority may copy any records made available to it under paragraph (1)(b).
(3) A person who–
(a)
(a) fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
(b)
(b) in purported compliance with such a requirement furnishes information which that person knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
(4) For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
Power to issue codes of recommended practice
7.—(1) For the guidance of feed authorities and food authorities, the Scottish Ministers may issue codes of recommended practice as regards–
(a)
(a) the exercise of functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; and
(b)
(b) the execution and enforcement of Part 3 of these Regulations,
and any such code shall be laid before the Scottish Parliament after being issued.
(2) The Agency may, after consulting the Scottish Ministers, give a feed authority or a food authority a direction requiring it to take any specified steps in order to comply with a code issued under this regulation.
(3) In exercise of the functions conferred on it as a competent authority by or under Regulation 882/2004, and in executing and enforcing Part 3 of these Regulations, every feed authority and food authority–
(a)
(a) shall have regard to any relevant provision of any such code; and
(b)
(b) shall comply with any direction which is given under this regulation and requires it to take any specified steps in order to comply with such a code.
(4) Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by an order of the Court of Session under section 45 of the Court of Session Act 19887.
(5) The Agency shall consult the Scottish Ministers before making an application...
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