Imported Food (Scotland) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/913 |
| Year | 1985 |
1985 No. 913 (S. 82)
FOOD
FOOD HYGIENE
The Imported Food (Scotland) Regulations 19856thJune 1985
26thJune 1985
17thJuly 1985
ARRANGEMENT OF REGULATIONS
PART I
PRELIMINARY
1. Title and commencement.
2. Interpretation.
3. Presumption as to food commonly used for human consumption.
4. Enforcement authorities.
5. Deferred examination.
PART II
ALL IMPORTED FOOD
6. Prohibition on importation of unfit food.
7. Examination of imported food.
8. Analysis of samples.
9. Special examination.
10. Consent of officer of Customs and Excise.
11. Powers of officer of Customs and Excise.
PART III
MEAT AND MEAT PRODUCTS
12. Interpretation and application of Part III.
13. Requirements as to health marks etc, for imported meat.
14. Requirements as to health certificates.
15. Lost, damaged or defective health marks and certificates.
16. Disposal of meat imported contrary to the regulations.
17. Powers of a justice of the peace.
18. Prohibition on the importation of meat required to be exported.
PART IV
GENERAL
19. Record to be kept of food destroyed.
20. Offences and penalties.
21. Court may include a justice who has examined the food.
22. Examination outside business hours.
23. Disputes as to compensation.
24. Application of various provisions of the Act.
25. Revocation.
SCHEDULES
Schedule 1. Articles of food to which Part III does not apply.
Schedule 2. Meat products which are exempt from the requirements of regulation 14.
Schedule 3. Requirements as to health marks for imported meat.
Schedule 4. Requirements as to wrapping, packaging and transport of imported meat.
Schedule 5. Meat or poultry meat in respect of which specific recognition is required.
Schedule 6. Health certificate for fresh meat for consignment to a member state of the EEC.
Schedule 7. Public health certificate for fresh meat.
Schedule 8. Health certificate for meat products intended for consignment to a member state of the EEC.
Schedule 9. Health certificate for meat products intended for consignment to the United Kingdom
Schedule 10. Health certificate for fresh poultrymeat intended for consignment to a member state of the EEC.
Schedule 11. Label to be affixed to large packages of poultrymeat intended for a certain destination.
Schedule 12. Revocations.
In exercise of the powers conferred on me by sections 13, 26(3) and 56 of the Food and Drugs (Scotland) Act 1956(a) and section 2(2) of the European Communities Act 1972(b) and of all other powers enabling me in that behalf and as a Minister designated(c) for the purposes of the said section 2(2) of the last-mentioned Act in relation to the common agricultural policy of the European Economic Community and after consultation in accordance with section 56(6) of the said Act of 1956 with such organisations as appear to me to be representative of interests substantially affected by these regulations, I hereby make the following regulations:—
(a) 1956 c. 30; section 26(3) was amended by Schedule 27, paragraph 123 to the Local Government (Scotland) Act 1973 (c. 65); section 56(8) was amended by and section 56(8A) inserted by Schedule 15, paragraph 8 to the Criminal Justice Act 1982 (c. 48) and S.I. 1984/526.
(b) 1972 c. 68; section 2 is subject to Schedule 2 to that Act and is to be read with paragraph 5 of Schedule II to section 289B(4) and (6) of the Criminal Procedure (Scotland) Act 1975 (c. 21) (as inserted by the Criminal Law Act 1977 (c. 45) and amended by section 55(2) of the Criminal Justice Act 1982) and S.I. 1984/526.
(c) S.I. 1972/1811.
PART I
PRELIMINARY
Title and commencement
1. These regulations may be cited as the Imported Food (Scotland) Regulations 1985 and shall come into operation on 17th July 1985.
Interpretation
2.— (1) In these regulations, unless the context otherwise requires—
"the Act" means the Food and Drugs (Scotland) Act 1956;
"area" means, in relation to a local authority, the area of that authority, including the waters of any customs port abutting on any part of their area;
"authorised officer" means an authorised officer of the enforcing authority;
"competent authority" means an authority having powers under the laws in force in any country to examine food and to certify as to its fitness for human consumption;
"enforcing authority" means the authority responsible for the enforcement and execution of these regulations under regulation 4;
"food" includes drink, chewing gum and other products of a like nature and use, and articles and substances used as ingredients in the preparation of food or drink or of such products, but does not include—
(a) water, live animals or birds;
(b) articles and substances used only as drugs; or
(c) milk, which has the meaning given to it in the Importation of Milk (Scotland) Regulations 1983(a);
"fresh meat" means the flesh or other edible parts of a mammal or bird, which has not been subjected to any treatment or process other than chilling, freezing, vacuum packing or packing in a controlled atmosphere and includes minced, chopped or mechanically recovered meat, and meat treated by the addition of seasonings;
"hovercraft" has the meaning assigned to it by section 4(1) of the Hovercraft Act 1968(b);
"importer" in relation to imported food, includes any person who, whether as owner, consignor, consignee, agent or broker is in possession of the food or in any way entitled to the custody of or control of it;
"justice of the peace" means a justice of the peace appointed under section 9 of the District Courts (Scotland) Act 1975(c) or deemed to have been so appointed and for the purposes of these regulations includes sheriff or magistrate;
"local authority" means the council of a district or an islands area;
(a) S.I. 1983/1545.
(b) 1968 c. 59.
(c) 1975 c. 20.
"master", in relation to a ship, aircraft or hovercraft, includes the officer or any other person for the time being in charge or command of the ship, aircraft, or hovercraft;
"officer of Customs and Excise" includes any person acting under the authority of the Commissioner of Customs and Excise;
(2) Any reference in these regulations to a numbered regulation part or schedule shall, unless the reference is to a regulation or part of or schedule to specified regulations, be construed as a reference to the regulation, part or schedule bearing that number in these regulations.
Presumption as to food commonly used for human consumption
3. For the purposes of these regulations, any food commonly used for human consumption shall, if imported for sale or for use in the preparation of food for sale, be presumed, until the contrary is proved, to have been imported for sale or, as the case may be, for the use in the preparation of food for sale, for human consumption.
Enforcement authorities
4.— (1) Subject to the provisions of this regulation and to such of the provisions of these regulations as prescribe functions to be exercised by officers of Customs and Excise, the authority responsible for the enforcement of these regulations shall be—
(a) in relation to all fresh meat of mammalian origin which is in or unloaded in the area of a local authority, the local authority,
(b) in relation to imported food other than fresh meat of mammalian origin, which is in or unloaded in the area of a local authority and—
(i) which is liable to immediate customs examination, the local authority; or
(ii) where the customs examination is deferred until the food reaches a place of destination in Scotland, the local authority in whose area the place of destination lies;
(c) in relation to imported food which enters the United Kingdom in England, Wales or Northern Ireland the local authority in whose area the food is deposited for customs examination.
Deferred examination
5. —(1)(a) Subject to the following sub-paragraph, paragraphs (2) and (3) of this regulation shall not apply to any imported food to which Part III applies;
(b) paragraph (3) of this regulation shall apply to any food to which Part III applies, where examination is deferred under Northern Ireland regulations.
(2) Where imported food is unloaded in the area of a local authority and—
(a) customs examination of the food has been completed; and
(b) an authorised officer nevertheless considers it expedient (having regard to the nature of the container in which the food is imported) that—
(i) any examination of the food for the purposes of these regulations should be deferred until the food reaches a specified place of destination elsewhere in Scotland; or
(ii) any examination of the food should take place under England and Wales or Northern Ireland regulations when the food reaches a specified place of destination in England and Wales or Northern Ireland; and
(c) the importer gives to the local authority of the port or airport of entry an undertaking in writing that the container has been sealed and will not be opened until it reaches the place of destination specified in the undertaking,
the authorised officer shall, by the most expeditious means available, notify the receiving authority that the food (so described as to enable it to be identified) has not, by reason of the matters referred to in sub-paragraph (b) hereof, been examined under these regulations at the port or airport of entry and send them a copy of the undertaking referred to in sub-paragraph (c) hereof; and where the receiving authority are a local authority within the meaning of these regulations that authority shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food.
(3) Where under any provision corresponding to the last foregoing paragraph contained in England and Wales or Northern Ireland regulations a local authority receiving notification that imported food which has not been examined under those regulations has been or is being sent to a place of destination in their area, they shall thereupon become responsible for the execution and enforcement of these regulations in relation to that food.
(4) Where imported...
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