
2020 No. 455
Exiting The European Union
Agriculture
Animals
Food
The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020
Made at 1.45 p.m. on 21st December 2020
Laid before the Scottish Parliament at 4.30 p.m. on 21st December 2020
Coming into force in accordance with regulation 1

The Scottish Ministers make these Regulations in exercise of the powers conferred on them by section 2(2) and paragraph 1A of schedule 2 of the European Communities Act 1972, paragraphs 1(1) and (3) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.
These 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 the reference in regulation 2 to the Commission Regulation to be a reference to that instrument as amended from time to time.
In accordance with paragraph 4(a) of schedule 2 of the European Union (Withdrawal) Act 2020, the Scottish Ministers consulted the Secretary of State prior to the making of these Regulations.

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.
PART 1 Introduction
Citation and commencement
1 

(1) These Regulations may be cited as the Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020.
(2) Parts 1 and 2 come into force on 29 December 2020.
(3) Part 3 comes into force immediately before IP completion day.
(4) Part 4 comes into force on IP completion day.
PART 2 Amendment of secondary legislation in exercise of powers under section 2(2) of the European Communities Act 1972
Amendment of the Official Feed and Food Controls (Scotland) Regulations 2009
2 

(1) The Official Feed and Food Controls (Scotland) Regulations 2009 are amended as follows.
(2) After regulation 42A (savings for declarations) in Part 4 (recovery of expenses) insert—“
Fees or charges arising from unplanned official controls
42B. 
Fees or charges imposed by a competent authority on an operator pursuant to Article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.”.
Amendment of the Trade in Animals and Related Products (Scotland) Regulations 2012
3 

(1) The Trade in Animals and Related Products (Scotland) Regulations 2012 are amended as follows.
(2) After regulation 24 insert—“
Additional requirements in specific cases
24A. 
Schedule 2 (additional requirements in specific cases) has effect.”.
Amendment of the Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020
4 

(1) The Official Feed and Food Controls (Miscellaneous Amendments) (Scotland) Regulations 2020 are amended as follows.
(2) In regulation 4 (amendment of the Official Feed and Food Controls (Scotland) Regulations 2009)—
(a) in paragraph (2)(a), after “Decision 2007/275”. insert ““Directive 2004/41”,”,
(b) in paragraph (11), for “EU” substitute “Community”,
(c) in paragraph (13), after “to” insert “relevant”.
(3) In schedule 1, in the new schedule 1 (definitions of Community Legislation) inserted by that schedule—
(a) in the definition of “Decision 2007/275” for “97/781” substitute “97/78”,
(b) after the definition of “Decision 2007/275” insert ““Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC,”,
(c) in the definition of “Regulation 2017/625” omit “, 2015/1375”,
(d) in the definition of “Regulation 2019/1793” before “(EC) No. 178/2002” omit “20”,
(e) in the definition of “Regulation 2020/466” after “during” insert “certain”.
(4) In schedule 4, in the new schedule 6 (specified import provisions) inserted by that schedule, in the table omit the entries for—
(a) Article 2(1)(d) of Regulation 2019/2123,
(b) Article 3(1) of Regulation 2019/2124,
(c) Article 3(2) of Regulation 2019/2124,
(d) Article 5(d) of Regulation 2019/2126.
PART 3 Amendment of EU exit secondary legislation
Amendment of the Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020
5 

(1) The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 are amended as follows.
(2) In regulation 3 (amendment of the Official Feed and Food Controls (Scotland) Regulations 2009)—
(a) in paragraph (5)—
(i) in subparagraph (b) at the end insert “and”,
(ii) in subparagraph (c) for “, and” substitute “.”,
(iii) omit subparagraph (d),
(b) in paragraph (6)—
(i) in subparagraph (b) at the end insert “and”,
(ii) in subparagraph (c) for “, and” substitute “.”,
(iii) omit subparagraph (d),
(c) in paragraph (7) in the table in schedule 6 (specified import provisions) in column 2—
(i) omit subparagraph (b),
(ii) omit subparagraph (c),
(iii) omit subparagraph (d),
(iv) omit subparagraph (h),
(3) In regulation 5(2) (amendment of the Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019), in the new paragraph (2) to be inserted by that paragraph omit “for paragraph 2”.
(4) In regulation 8(2) (amendment of the Fishery Products (Official Controls Charges) (EU Exit) (Scotland) (Amendment) Regulations 2019), in the new paragraph (2) to be inserted by that paragraph—
(a) after “(interpretation)” insert “for”,
(b) before “(except in the expression “third country import”)” insert ““substitute “third country””.
PART 4 Amendment of retained direct EU legislation
Amendment of Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries
6 

(1) Commission Decision 2000/572/EC laying down the animal and public health and veterinary certification conditions for imports of meat preparations into the Community from third countries is amended as follows.
(2) In Article 1(1) (as numbered by regulation 40(2)(a) of the Import of, and Trade in, Animals and Animal Products (Miscellaneous Amendments) (EU Exit) Regulations 2020) after “meat preparations” insert “from a third country”,
(3) In Article 3, in the words before point 1, after “meat preparations” insert “from a third country”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MAIRI GOUGEON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
At 1.45 p.m. on 21st December 2020