
2016 No. 84
Food
The Country of Origin of Certain Meats (Scotland) Regulations 2016
Made 2nd February 2016
Laid before the Scottish Parliament 4th February 2016
Coming into force 14th March 2016
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1), (2) and (3), 31(1) and 48(1) of the Food Safety Act 1990 , section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972  and all other powers enabling them to do so.The following Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for any reference to Commission Implementing Regulation (EU) No 1337/2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry  to be construed as a reference to that Regulation as amended from time to time.So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland  in accordance with section 48(4A) and (6) of that Act .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 , during the preparation and evaluation of the following Regulations.
Citation, commencement and extent
1 

(1) These Regulations may be cited as the Country of Origin of Certain Meats (Scotland) Regulations 2016 and come into force on 14th March 2016.
(2) These Regulations extend to Scotland only.
Interpretation
2 

(1) In these Regulations—
 “the Act” means the Food Safety Act 1990;
 “authorised officer” means a person authorised by an enforcement authority (within the meaning of the Act) for the purposes of these Regulations;
 ...
 ...
 “Commission Regulation” means Commission Implementing Regulation (EU) No 1337/2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry;
 “food authority” means a council constituted under section 2 of the Local Government (Scotland) Act 1994 ;
 “food business operator” has the meaning given in point 3 of Article 3 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;
 ...
 ...
(2) Except as otherwise provided, any reference in these Regulations to an Article is a reference to an Article of the Commission Regulation.
(3) Any reference in these Regulations to the Commission Regulation is a reference to that Regulation as amended from time to time.
Competent authority
3 
Each food authority in its area is the competent authority for the purposes of—
(a) the third sub-paragraph of Article 5(1) (labelling of meat where specified rearing period not attained in any member State or third country); and
(b) Article 5(2) (labelling of meat where  “origin” indicated on the label).
Enforcement authorities
4 
These Regulations are enforced by—
(a) Food Standards Scotland, for the purposes of ascertaining whether there is or has been any contravention of these Regulations in slaughterhouses and cutting plants; and
(b) local authorities, for the purposes of ascertaining whether there is or has been any contravention of these Regulations in retail establishments within the meaning of Regulation (EC) 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin  other than wholesalers which are also cutting plants.
Records
5 

(1) A food business operator must keep a record of information under the identification and registration system required by Article 3 (traceability).
(2) A food business operator must retain each record for a period of 12 months from the end of the calendar year to which the record relates.
Offences and Penalties
6 

(1) A person who contravenes or fails to comply with the provisions of Articles 3 to 6 and 8 commits an offence.
(2) A person who contravenes or fails to comply with the provisions of regulation 5 commits an offence.
(3) A person who commits an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of provisions of the Act
7 

(1) Section 32 of the Act (powers of entry)  applies, with the modifications specified in Part 1 of the Schedule, for the purposes of enabling an authorised officer—
(a) to exercise a power of entry to ascertain whether there is, or has been, any contravention of any of regulation 5 or Articles 3 to 6 and 8;
(b) to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and
(c) when exercising a power of entry under the provisions of section 32 as applied by this paragraph, to exercise the powers in subsections (5) and (6) relating to records.
(2) The provisions of the Act specified in the first column of the table in Part 2 of the Schedule apply with the modifications specified in the second column of that table for the purposes of these Regulations.
Transitional provision: withdrawal from the EU
8 

(1) A person is not considered to have failed to comply with the second sub-paragraph of Article 5(1), Article 6 or Article 7 of the Commission Regulation if—
(a) the alleged failure relates to a product that was placed on the market before the last day of the period beginning on  27 May 2021  and ending on  31 December 2023, and
(b) the matter constituting the alleged failure to comply would not have constituted a failure to comply with the Commission Regulation as that Regulation had effect immediately before  30 September 2022.
(2) Products to which paragraph (1) applies may continue to be marketed until stocks are exhausted.
RICHARD LOCHHEAD

A member of the Scottish Government

St Andrew's House,

Edinburgh

SCHEDULE
Modification of provisions of the Act

Regulation 7
PART 1 Modification of section 32(1)
1 
In section 32(1) (powers of entry)—
(a) in paragraph (a), for  “this Act, or of regulations or orders made under it” substitute “
                    any of regulation 5 of the Country of Origin of Certain Meats (Scotland) Regulations 2016 or Articles 3 to 6 or 8 of Commission Implementing Regulation (EU) No 1337/2013 laying down rules for the application of Regulation (EU) No 1169/2011 of the European Parliament and of the Council as regards the indication of the country of origin or place of provenance for fresh, chilled and frozen meat of swine, sheep, goats and poultry
                  ”; and
(b) omit paragraph (c).
PART 2 Modification of other provisions of the Act
Provision of the Act Modifications
Section 2  (extended meaning of  “sale” etc.) 
In subsection (1), for  “this Act” substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.


In subsection (2), for  “This Act” substitute “
                  The Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 3 (presumptions that food intended for human consumption) 
In subsection (1), for  “this Act” substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 20 (offences due to fault of another person) 
For  “any of the preceding provisions of this Part” substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 21  (defence of due diligence) 
In subsection (1), for  “any of the preceding provisions of this Part” substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 29 (procurement of samples) 
In paragraph (b)(ii), after  “under section 32 below”, insert “
                  including under section 32 as applied and modified by regulation 7(1) of, and Part 1 of the Schedule to, the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 30(8) (evidence of certificates given by a food analyst or examiner) 
For  “this Act” substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 33 (obstruction etc. of officers) 
In subsection (1), for  “this Act” (in each place where it occurs) substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 35(1) and (2) (punishment of offences) 
In subsection (1), after  “section 33(1) above”, insert “
                  , as applied and modified by regulation 7(2) of, and Part 2 of the Schedule to, the Country of Origin of Certain Meats (Scotland) Regulations 2016,
                ”.

In subsection (2)—

(a) for  “any other offence under this Act” substitute “
                      an offence under section 33(2), as applied by regulation 7(2) of, and Part 2 of the Schedule to, the Country of Origin of Certain Meats (Scotland) Regulations 2016,
                    ”; and

(b) in paragraph (b), for  “relevant amount” substitute “
                      statutory maximum
                    ”.
Section 36 (offences by body corporate) 
In subsection (1), for  “this Act” substitute “
                  regulation 7 of the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 36A  (offences by Scottish partnerships) 
For  “this Act” substitute “
                  regulation 7 of the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.

Section 44 (protection of officers acting in good faith) 
For  “this Act” (in each place where it occurs) substitute “
                  the Country of Origin of Certain Meats (Scotland) Regulations 2016
                ”.
