The Official Feed and Food Controls (Scotland) Regulations 2009

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

(This note is not part of the Regulations)

These Regulations revoke and re-enact with changes the Official Feed and Food Controls (Scotland) Regulations 2007 (the “ 2007 Regulations ”) and apply in relation to Scotland only. The principal changes are that—

it is provided that a person who contravenes or fails to comply with specified provisions of EU legislation concerning the import of certain types of feed and food of non-animal origin is guilty of an offence;

it is provided that specified bodies are designated as competent authorities as regards the imports referred to in sub-paragraph (a) of this paragraph;

it is provided that the Commissioners for Her Majesty's Revenue and Customs, the Food Standards Agency and feed and food authorities may exchange and divulge information;

it is provided that designated points of entry for the imports referred to in sub-paragraph (a) of this paragraph may be suspended;

it is provided that expenses may be charged by competent authorities in respect of the increased level of official controls on the imports referred to in sub-paragraph (a) of this paragraph; and

the definition of “relevant food law” in Schedule 3 is revised.

These Regulations provide for the execution and enforcement of—

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, as last amended by Commission Regulation (EC) No. 1029/2008 amending Regulation (EC) No. 882/2004 of the European Parliament and of the Council to update a reference to certain European Standards, in relation to “relevant feed law” and “relevant food law”, which terms are defined in Schedules 2 and 3 respectively. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J. No. L 191, 28.5.2004, p.1), which should be read with a further Corrigendum (O.J. No. L 204, 4.8.2007, p.29); and

Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC .

These Regulations also impose prohibitions on the introduction of certain feed and food into Scotland in the light of Article 11 of Regulation (EC) No. 178/2002 of 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 safety, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptations to the regulatory procedure with scrutiny – Part Four, and as read with Article 10 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (the revised text of that Regulation is now set out in a Corrigendum, O.J. No. L 226, 25.6.2004, p.3, which should be read with a further Corrigendum, O.J. No. L 204, 4.8.2007, p.26).

provide for the designation of specified bodies as competent authorities for the purposes of the provisions of Regulation (EC) No. 882/2004 (regulation 3);

provide for the exchange and provision of information by competent authorities (regulation 4);

enable a competent authority to require a control body to provide information and make records available and provide that a person who—

fails to comply with a requirement to provide information or make records available, or

in purported compliance with such a requirement furnishes false or misleading information,

is guilty of an offence (regulation 5);

enable the Scottish Ministers to issue codes of recommended practice to feed authorities and food authorities (regulation 6);