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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Official Controls (Animals, Feed and Food) (Scotland) Regulations 2007 No. 91 URL: http://www.bailii.org/scot/legis/num_reg/2007/20070091.html |
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Made | 20th February 2007 | ||
Laid before Parliament | 21st February 2007 | ||
Coming into force | 15th March 2007 |
1. | Citation, commencement and extent |
2. | Interpretation |
3. | Purposes of designations |
4. | Designation of the Scottish Ministers as competent authority |
5. | Designation of local authorities, etc, as competent authorities |
6. | Exchange of information |
7. | Powers of auditors and exception for Food Standards Agency auditors |
8. | Powers of the Scottish Ministers in relation to audits of local authorities, etc |
9. | Powers of the Food Standards Agency undertaking audits on behalf of the Scottish Ministers |
10. | Community controls |
11. | Duties of local authorities, etc, under Title IV |
12. | Facilitating assistance and co-operation under Title IV |
13. | Recovery of expenses |
14. | Interpretation and application of Part 5 |
15. | Enforcement |
16. | Powers of enforcement officers |
17. | Offences and penalties |
18. | Offences by bodies corporate |
(2) In these Regulations, "relevant legislation" means feed law and food law to which Regulation 882/2004 applies and animal health and welfare rules, except–
(3) In paragraph (2)(g)–
(4) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Regulation 882/2004.
(5) Unless otherwise required by the context, references in these Regulations to an "Article" or "Title" are to an Article or Title, respectively, of Regulation 882/2004.
(2) For the purposes of carrying out an audit, an auditor may enter premises to which an inspector has a power of entry under relevant legislation ("audit premises") as if the auditor were an inspector meeting the criteria for gaining such entry under that relevant legislation.
(3) An auditor exercising power of entry may be accompanied by any person whose assistance the auditor reasonably requires.
(4) An auditor may request such information from any person at any audit premises as the auditor reasonably requires for purposes of the audit, and may inspect such records as the auditor reasonably requires for those purposes.
(5) An auditor may make or require copies of such records.
(6) When exercising the powers conferred by this regulation an auditor shall upon request produce evidence of the auditor's authorisation under these Regulations.
(7) This regulation shall not apply where regulation 9 applies.
Powers of the Scottish Ministers in relation to audits of local authorities, etc
8.
—(1) The Scottish Ministers may require a competent authority designated under regulation 5 to provide them with information about any audits it has carried out or undergone or which it plans to carry out or undergo.
(2) Where the Scottish Ministers require information under paragraph (1), they shall do so in writing and shall state the time limit within which the required information is to be provided.
(3) The Scottish Ministers may require–
Powers of the Food Standards Agency undertaking audits on behalf of the Scottish Ministers
9.
—(1) Where the Scottish Ministers arrange for the Food Standards Agency to undertake an audit in relation to relevant legislation, the audit provisions of the 2005 Regulations shall apply as if–
(2) The audit provisions of the 2005 Regulations are–
(3) Regulations 18(2) and (4), 19(2) to (9), 20 to 22, 42 to 47 of the 2005 Regulations shall apply where paragraph (1) of this regulation applies as if that paragraph were a provision of the 2005 Regulations falling to be enforced or executed under the 2005 Regulations.
(4) Regulation 18(5) of the 2005 Regulations, in so far as it relates to an authority which appoints an officer acting under regulation 19 of those Regulations, shall apply where paragraph (1) of this regulation applies as if that paragraph were a provision of the 2005 Regulations falling to be enforced or executed under the 2005 Regulations.
Community controls
10.
In so far as an inspector does not already have powers to do so, for the purposes of facilitating audits to be carried out by Commission experts pursuant to Article 45, an inspector may enter any premises to which the inspector has a power of entry under relevant legislation, and–
(2) For the purposes of facilitating a visit by an inspection team sent by the Commission as provided for in Article 40.3(a), an inspector may be accompanied by representatives of the Commission when the inspector is exercising powers under relevant legislation to enter premises or to inspect records.
Recovery of expenses
13.
—(1) Expenses charged by a competent authority to a feed or food business pursuant to Article 40.4 shall be paid by that business on the written demand of the competent authority concerned.
(2) Expenses charged by a competent authority to an operator pursuant to Article 28 shall be paid by that operator on the written demand of the competent authority concerned.
(3) In this regulation, "competent authority" means a competent authority designated under regulation 4 or 5.
(2) This Part does not apply where regulation 9 applies.
Enforcement
15.
Enforcement of these Regulations shall be the responsibility of the competent authority which in any given circumstances authorises the exercise of powers under these Regulations.
Powers of enforcement officers
16.
—(1) An enforcement officer may–
(2) An enforcement officer shall–
Offences and penalties
17.
—(1) A person is guilty of an offence if without reasonable excuse that person obstructs, causes or permits to be obstructed–
(2) For the purposes of paragraph (1), to obstruct includes–
as required under these Regulations; and
(b) failure by any person to provide information in that person's possession when requested to do so by a relevant auditor, a relevant inspector or an enforcement officer.
(3) A person is guilty of an offence if without reasonable excuse that person supplies to a relevant auditor, a relevant inspector or an enforcement officer information which, in any material particular, is false or misleading.
(4) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
Offences by bodies corporate
18.
—(1) If an offence under regulation 17 committed by a body corporate is shown to have been committed with the consent or connivance of an officer, or to be attributable to any neglect on the part of an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if the member were a director of the body.
(3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
(4) "Body corporate" includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.
ROSS FINNIE
A member of the Scottish Executive
St Andrew's House, Edinburgh
20th February 2007
They also relate to TSEs in relation to testing (including sampling) controls on bovine, ovine and caprine animals slaughtered for human consumption.
The designations do not include medicated feedingstuffs and zootechnical additives, which are a reserved matter covered in paragraph 4 of Schedule 5 to the Veterinary Medicines Regulations 2006. Nor do the designations include the following–
These Regulations provide expressly for the exchange of information between competent authorities in Scotland and elsewhere in the United Kingdom, and in the European Union (regulation 6).
They create independent powers for a competent authority's auditors to conduct audits required under Article 4.6 of Regulation 882/2004 (regulation 7). Provision is made for the Scottish Ministers to call for information from a local authority about its audits; and for them to require an auditor to carry out an audit of that local authority's official controls as a competent authority (regulation 8).
Where the Scottish Ministers arrange that the Food Standards Agency is to carry out an audit of relevant legislation under these Regulations, monitoring provisions of the 2005 Regulations apply together with the corresponding enforcement provisions from the 2005 Regulations (regulation 9 of these Regulations).
The Regulations also supplement existing powers of inspectors so that they may bring Commission experts with them for the purposes of the Commission's own audits (regulation 10). There are provisions to facilitate assistance and co-operation between member States required under Title IV (Articles 34 to 40) of Regulation 882/2004 (regulations 11 and 12), in particular to enable officials of the Commission and other member States to attend with an inspector who investigates suspected breaches under the relevant legislation. Regulation 13 provides for the payment on written demand of expenses charged to a feed or food business operator under Articles 28 and 40.4 of Regulation 882/2004.
Part 5 provides for the enforcement of the Regulations, including powers of enforcement officers for this purpose (regulation 16). It is an offence under regulation 17 to obstruct an auditor, an enforcement officer, or an inspector who is accompanied by representatives from the Commission or other member States, or any persons accompanying an inspector or auditor. It is also an offence under regulation 17 to provide misleading or false information to, or to fail to provide information requested by, an inspector or auditor or an enforcement officer. The penalty on summary conviction for the offences is a fine at level 5 of the standard scale (currently £5,000) or three months' imprisonment, or both (regulation 17(4)). Provision is made for the prosecution of offences committed by corporate bodies (regulation 18).
A regulatory impact assessment has been prepared in respect of these Regulations and has been placed in the Scottish Parliament Information Centre. Copies can be obtained from The Scottish Executive Environment and Rural Affairs Department, Pentland House, Robb's Loan, Edinburgh, EH14 1TY.
[2] O.J. No. L 31, 1.2.2002, p.1, as last amended by Regulation (EC) No..575/2006 of the European Parliament and the Council (O.J. No. L 100, 8.4.2006, p.3.).back
[4] O.J. No. L 165, 30.4.2004, p.1; see the corrected text as set out in the corrigendum to the Regulation published in O.J. No. L 191, 28.5.2004, p.1. Amended by Commission Regulation (EC) No. 776/2006 (O.J. No. L 136, 24.5.2006, p.3.).back
[5] O.J. No. L 278, 10.10.2006, p.15.back
[6] O.J. No. L 338, 22.12.2005, p.27, as amended by Commission Regulation (EC) No. 1664/2006 (O.J. No. L 320, 18.11.2006, p.13).back
[7] O.J. No. L 338, 22.12.2005, p.83, as amended by Commission Regulation (EC) No. 1664/2006 (O.J. No. L 320, 18.11.2006, p.13).back
[8] O.J. No. L 93, 31.3.2006, p.12.back
[9] O.J. No. L 93, 31.3.2006, p.1.back
[12] S.I. 1997/1729, amended by S.I. 2001/3590, 2004/147 and 2006/755.back
[15] O.J. No. L 311, 28.11.2001, p.1, as last amended by Directive 2004/28/EC of the European Parliament and of the Council (O.J. No. L 136, 30.4.2004, p.58.).back
[16] O.J. No. L 268, 18.10.2003, p.29, as amended by Commission Regulation (EC) No. 378/2005 (O.J. No. L 59, 5.3.2005, p.8).back