Statutory Instruments of the Scottish Parliament

(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.

(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) 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) fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or

(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,

"authorised officer", in relation to an enforcement authority, means any person appointed under regulations 24(2) or 25(2) as the case may be;

"enforcement authority" means–

(a) in relation to the enforcement of this Part of these Regulations in relation to feed the feed authority; and

(b) in relation to the enforcement of this Part of these Regulations in relation to food the food authority;

"feed" does not include–

(a) any of the following feed additives–


(i) coccidiostats;

(ii) histomonostats; or

(iii) any zootechnical additive falling within category (d) of Article 6(1) of Regulation 1831/2003; or



(b) any premixture within the meaning given in Article 2(2)(e) of Regulation 1831/2003 consisting solely of a combination of such additives;

"the Import Provisions" means this Part of these Regulations and Articles 15 to 24 of Regulation 882/2004;

"outside Scotland enforcement authority" means the body responsible for enforcing the legislation in force with respect to imported products in any part of the United Kingdom except Scotland;

(a) a 7 days before the trial diet (not being a notional trial diet); or

(b) a date 28 days after the first appearance of the accused, before a court in connection with the alleged offence,

(a) provide for the designation of specified bodies as competent authorities for the purposes of the provisions of Regulation 882/2004 (regulation 4) and for the appointment of authorised officers of such bodies (regulation 3);

(b) provide for the exchange and provision of information by competent authorities (regulation 5);

(c) enable a competent authority to require a control body to provide information and make records available and provide that a person who –


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

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



is guilty of an offence (regulation 6);

(d) enable the Scottish Ministers to issue codes of recommended practice to feed authorities and food authorities as regards their competent authority functions and the execution and enforcement of Part 3 of these Regulations relating to imports of feed and food of non animal origin (regulation 7);

(e) give the Food Standards Agency ("the Agency") the function of monitoring the performance of enforcement authorities in enforcing certain legislation (regulation 8);

(f) give the Agency the power, for the purpose of carrying out the function referred to in sub–paragraph (e) above–



(i) to require information to be provided and records to be made available (regulation 9), and

(ii) to authorise individuals (who may thereby exercise certain powers, including a power of entry) (regulation 10);



(g) define certain terms used in regulations 8 to 10 (regulation 11);

(h) provide that a person who —



(i) obstructs a person exercising a power to enter premises, take samples or inspect and copy records,

(ii) fails to comply with a requirement to provide information, make records available or provide facilities, records, information or other assistance, or

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



is guilty of an offence (regulation 12);

(i) provide rights of appeal to the sheriff and then to the Court of Session in respect of a decision of the competent authority concerning the approval of certain establishments taken under Article 31 of Regulation 882/2004 (regulations 13 and 14);

(j) provide that an authorised officer of a competent authority may be accompanied by the staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004 (regulation 15);

(k) provide that when an "enforcing officer" (defined in regulation 16(2)) enters premises for the purpose of executing and enforcing official controls that officer may be accompanied by a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004 (regulation 16);

(l) provide that a person who enters premises under the powers referred to in sub–paragraph (j) or (k) above and discloses any information obtained on the premises with regard to any trade secret is guilty of an offence unless the disclosure is made in the performance of that person's duty (regulation 17);

(m) specify which authorities are responsible for executing and enforcing regulations 6(3), 10(8), 12, 17, 19(8) and 20 (regulation 18);

(n) give powers of entry to authorised officers of the authorities referred to in sub paragraph (m) above (regulation 19);

(o) create the offence of obstructing an officer acting in the execution of regulations 15, 16 or 19 (regulation 20);

(p) provide penalties for offences under Part 2 of these Regulations (regulation 21);

(q) provide a time limit for bringing prosecutions for certain offences under that Part (regulation 22);

(r) make provision for the execution and enforcement of Part 3 of these Regulations and Articles 15 to 24 of Regulation 882/2004, together defined in regulation 22 as "the Import Provisions", relating to imports of feed and food of non animal origin (regulations 24 and 25);

(s) make provision for the execution and enforcement of import controls to be deferred until a product reaches its destination in the United Kingdom (regulation 26);

(t) in the light of Article 11 of Regulation 178/2002 as read with Article 10 of Regulation (EC) No. 852/2004 (as described above) prohibit the introduction into Scotland of certain feed and food unless specified conditions are met (regulation 27);

(u) provide for the checking of products that are introduced into Scotland (regulation 28);

     (a)

(v) provide that an enforcement authority, first, has the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation 882/2004 and, second, is the competent authority for the purposes of Article 22 of that Regulation (regulation 29);

(w) provide for the service of notices by an authorised officer of an enforcement authority when that officer wishes to take certain measures or exercise certain powers under Article 19 of Regulation 882/2004 (imports of feed and food from third countries) (regulation 30);

(x) provide rights of appeal to the sheriff and then to the Court of Session in respect of the service of notices under regulation 30 (regulations 31 and 32);

(y) enable the Scottish Ministers or the Agency by written declaration to suspend, or impose conditions on, the introduction into Scotland of any product from a third country where they learn or reasonably suspect that any food or feed that has been or may be so introduced is likely to constitute a serious risk to animal or public health (regulation 33);

(z) provide for charges to be payable in relation to controls carried out on consignments (regulation 34);

(aa) provide for the procurement and analysis of samples of food for the purposes of the execution and enforcement of the Import Provisions (regulations 35 and 36);

(bb) provide powers of entry for authorised officers of food authorities in relation to the execution and enforcement of the Import Provisions (regulation 37);

(cc) create the offence of obstructing an officer acting in the execution of the Import Provisions (regulation 38);

(dd) create offences consisting of contravening or failing to comply with specified regulations and failing to comply with a notice served under the Import Provisions and provide penalties for offences under Part 3 (regulation 39);

(ee) provide a time limit for bringing certain prosecutions for offences under Part 3 (regulation 40);

(ff) amend the 2004 Regulations, as described above (regulation 41);

(gg) provide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 42);

(hh) provide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that all reasonable these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such that officer as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 44);

(ii) provide that where an offence under them committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 45);

(jj) provide for the protection of officers acting in good faith (regulation 46);

(kk) provide for the service of documents (regulation 47); and

(ll) make a consequential amendment to the Feed (Hygiene and Enforcement) (Scotland) Regulations 2005 (S.S.I. 2005/608) (regulation 48); and

(mm) provide for the revocation of specified instruments to the extent specified (regulation 49).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ