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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 606

FOOD

The Contaminants in Food (Scotland) Regulations 2005

  Made 28th November 2005 
  Laid before the Scottish Parliament 30th November 2005 
  Coming into force 1st January 2006 

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(a), (e) and (f), 17(1) and (2), 26(1)(a), (2)(e) and (3), 31(1) and (2)(b), (c) and (f) and 48(1) of the Food Safety Act 1990[1], and of all other powers enabling them in that behalf, having had regard, in accordance with section 48(4A)[2] of that Act, to relevant advice given by the Food Standards Agency and after 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[3] hereby make the following Regulations:

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Contaminants in Food (Scotland) Regulations 2005 and come into force on 1st January 2006.

    (2) These Regulations extend to Scotland only.

Interpretation
    
2. —(1) In these Regulations–

    (2) Other expressions used in these Regulations and in the Commission Regulation have the same meaning as in the Commission Regulation.

Offences and penalties
     3. —(1) Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if that person–

    (2) The Community provisions referred to in paragraph (1) are–

Enforcement
    
4. Each food authority shall execute and enforce these Regulations within its area.

Procurement and analysis of samples
    
5. —(1) Where a sample is to be taken under section 29(b) or (d) of the Act of a food specified in Annex I to the Commission Regulation, that sample shall be taken in accordance with the methods of taking samples described or referred to–

Preparation and analysis of samples for aflatoxins


    (2) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(b) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for lead, cadmium, mercury and 3-MPCD


    (3) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(e) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for ochratoxin A


    (4) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(c) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for dioxins and dioxin-like PCBs


    (5) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(f) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for patulin


    (6) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(d) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for tin


    (7) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(g) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Preparation and analysis of samples for benzo(a)pyrene


    (8) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food to which paragraph (1)(h) applies, and that officer has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample shall ensure that–

Application of various sections of the Food Safety Act 1990
     6. —(1) The following provisions of the Act shall apply for the purposes of these Regulations, with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations–

    (2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows–

    (3) The expressions "placing on the market", "Directive 98/53/EC", "Directive 2001/22/EC", "Directive 2002/26/EC", "Directive 2002/69/EC", "Directive 2003/78/EC", "Directive 2004/16/EC" and "Directive 2005/10/EC" which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.

Consequential amendment
    
7. In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990[42] (provisions to which those Regulations do not apply), for the entry relating to the Contaminants in Food (Scotland) Regulations 2004, substitute–

Revocations
     8. The Contaminants in Food (Scotland) Regulations 2004[43] and the Contaminants in Food (Scotland) Amendment Regulations 2005[44] are revoked.


LEWIS MACDONALD
Authorised to sign by the Scottish Ministers

St Andrew's House, Edinburgh
28th November 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which extend to Scotland only, revoke and re-enact with changes the Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525) as amended. The Regulations–

A regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared for these Regulations 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.


Notes:

[1] 1990 c.16; section 1(1) and (2) (definition of "food") was substituted by S.I. 2004/2990; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c.28) ("the 1999 Act"), section 40(1) and Schedule 5, paragraph 8; section 17(1) and (2) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, section 40(4) and Schedule 6; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c.46) ("the 1998 Act") by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Insofar as not so transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).back

[2] Section 48(4A) was inserted by the 1999 Act, Schedule 5, paragraph 21.back

[3] O.J. No. L 31, 1.2.02, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).back

[4] O.J. No. L 77, 16.3.01, p.1.back

[5] O.J. No. L 313, 30.11.01, p.60.back

[6] O.J. No. L 321, 6.12.01, p.1.back

[7] O.J. No. L 37, 7.2.02, p.4.back

[8] O.J. No. L 41, 13.2.02, p.12.back

[9] O.J. No. L 75, 16.3.02, p.18.back

[10] O.J. No. L 80, 23.3.02, p.42.back

[11] O.J. No. L 86, 3.4.02, p.5.back

[12] O.J. No. L 155, 14.6.02, p.63.back

[13] O.J. No. L 203, 12.8.03, p.1.back

[14] O.J. No. L 326, 13.12.03, p.12.back

[15] O.J. No. L 42, 13.2.04, p.3.back

[16] O.J. No. L 74, 12.3.04, p.11.back

[17] O.J. No. L 104, 8.4.04, p.48.back

[18] O.J. No. L 106, 15.4.04, p.3.back

[19] O.J. No. L 106, 15.4.04, p.6.back

[20] O.J. No. L 16, 20.1.05, p.43.back

[21] O.J. No. L 25, 28.1.05, p.3.back

[22] O.J. No. L 34, 8.2.05, p.3.back

[23] O.J. No. L 293, 9.11.05, p.11.back

[24] O.J. No. L 201, 17.7.98, p.93.back

[25] O.J. No. L 75, 16.3.02, p.44.back

[26] O.J. No. L 332, 19.12.03, p.38.back

[27] O.J. No. L 113, 20.4.04, p.14.back

[28] O.J. No. L 77, 16.3.01, p.14.back

[29] O.J. No. L 325, 8.12.01, p.34.back

[30] O.J. No. L 19, 21.1.05, p.50.back

[31] O.J. No. L 75, 16.3.02, p.38.back

[32] O.J. No. L 27, 29.1.05, p.38.back

[33] O.J. No. L 209, 6.8.02, p.5.back

[34] O.J. No. L 252, 20.9.02, p.40.back

[35] O.J. No. L 113, 20.4.04, p.17.back

[36] O.J. No. L 203, 12.8.03, p.40.back

[37] O.J. No. L 42, 13.2.04, p.16.back

[38] O.J. No. L 34, 8.2.05, p.15.back

[39] O.J. No. L 191, 28.5.04, p.1.back

[40] The requirement is that the minimum number of units required for a laboratory sample in such circumstances is 10.back

[41] O.J. No. L 187, 16.7.02, p.30.back

[42] S.I. 1990/2463, relevantly amended by S.I. 1999/1603, S.S.I. 2002/269, 2003/289 and 2004/525.back

[43] S.S.I. 2004/525.back

[44] S.S.I. 2005/277.back



ISBN 0 11 069840 1


 © Crown copyright 2005

Prepared 8 December 2005


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