
2022 No. 352
Agriculture
Food
The Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022
Approved by the Scottish Parliament
Made at 11.50 a.m. on 24th November 2022
Laid before the Scottish Parliament at 3.45 p.m. on 24th November 2022
Coming into force 28th November 2022

The Scottish Ministers make the following Regulations in exercise of the power conferred by Article 219 of Commission Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (“the Regulation”), and all other powers enabling them to do so.
These Regulations are made in order to react efficiently and effectively against a threat of market disturbance, where that situation or its effects on the market is likely to continue or deteriorate. These Regulations take the measures necessary to address that market situation. Any other measures available under the Regulation appear to be insufficient to address the market situation.

There has been consultation as required by Article 9 of Regulation (EC) 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, commencement and expiry
1 

(1) These Regulations may be cited as the Common Organisation of the Markets in Agricultural Products (Poultrymeat) (Miscellaneous Temporary Amendments) (Scotland) Regulations 2022 and come into force on 28 November 2022.
(2) These Regulations expire on 1 January 2023.
Amendment of Regulation (EU) 1308/2013 of the European Parliament and of the Council
2 
Annex VII (definitions, designations and sales description of products referred to in Article 78), Part V (products of the poultrymeat sector) of the Regulation is to be read as if—
(a) in point II—
(i) after paragraph (4) there were inserted—“
(4A) “defrosted poultrymeat” means poultrymeat which has been frozen or quick-frozen and subsequently defrosted prior to being kept at a temperature not below -2 °C and not higher than +4 °C;”,
(ii) after paragraph (6) there were inserted—“
(6A) “defrosted poultrymeat preparation” means a poultrymeat preparation for which defrosted poultrymeat has been used;”,
(b) after point III there were inserted—“III(A).
1. 
The poultrymeat and poultrymeat preparations to which paragraph (2) applies may be marketed in defrosted condition.
2. 
The poultrymeat and poultrymeat preparations to which this paragraph applies are one or more of the following species of poultry carcase, as defined in Article 1(1), and poultry cuts – breast, as defined in Article 1(2), of Commission Regulation (EC) No 543/2008 laying down rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat—
(a) Gallus domesticus – capons only,
(b) turkeys,
(c) ducks,
(d) geese.”.
Amendment of The Poultrymeat (Scotland) Regulations 2011
3 
The Poultrymeat (Scotland) Regulations 2011 are to be read as if in schedule 1 (retained EU poultrymeat provisions contravention of which is an offence), in Part 1 (provisions of the Single CMO Regulation or the Council Regulation 2013), in the third row of the Table—
(a) in column 2, after “Point II(6) of Part V of Annex VII to Council Regulation 2013 in relation to fresh poultrymeat preparation”, in a new line there were inserted—“Points II(4A), II(6A) and III(A) of Part V of Annex VII to Council Regulation 2013 in relation to defrosted poultrymeat and defrosted poultrymeat preparation,”,
(b) in column 3, for “or quick-frozen” there were substituted “, quick-frozen or defrosted”.
MAIRI GOUGEON
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 11.50 a.m. on 24th November 2022