This Scottish Statutory Instrument has been made in consequence of defects in S.S.I. 2009/446 and is being issued free of charge to all known recipients of that instrument.
2010 No. 5
Agriculture
Food
The Official Feed and Food Controls (Scotland) Amendment Regulations 2010
Made 18th January 2010
Laid before the Scottish Parliament 19th January 2010
Coming into force 25th January 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and all other powers enabling them to do so.

There has been consultation as required by Article 9 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.
Citation and commencement
1 
These Regulations may be cited as the Official Feed and Food Controls (Scotland) Amendment Regulations 2010 and come into force on 25th January 2010.
Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009
2 

(1) The Official Feed and Food Controls (Scotland) Regulations 2009 are amended in accordance with paragraphs (2), (3) and (4).
(2) For regulation 30 substitute—“
Suspension of designation of points of entry
30. 

(1) Where the Agency is satisfied that—
(a) the continued operation of a designated point of entry presents a serious risk to public or animal health; or
(b) at a designated point of entry, there has been a serious breach of the minimum requirements for designated points of entry laid down in Article 4 of Regulation 669/2009,
it may suspend the designation of the point of entry either in full or in part by service on the operator of the point of entry of a written notice to that effect.
(2) Upon service of a notice under paragraph (1), the point of entry shall cease to be a designated point of entry to the extent specified in that notice until it is again so designated in accordance with Article 17(1) of Regulation 882/2004.”.
(3) In regulation 38(10) for “35” substitute “37”.
(4) In regulation 46(2)—
(a) after “unless” insert “at the earlier of”; and
(b) in sub-paragraph (a) omit “at the earlier of”.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
18th January 2010