The Beef and Pig Carcase Classification (Scotland) Regulations 2010
Scottish Statutory Instrument 2010 No. 330 — creates 8 criminal offences.
- Made
- 14 September 2010
- In force from
- 9 October 2010
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- Schedule2 to, the European Communities Act 1972
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations, which apply in Scotland only, revoke and remake with amendments the provisions of the Pig Carcase (Grading) Regulations 1994 and the Beef Carcase (Classification) (Scotland) Regulations 2004 and their amending instruments. The Regulations enforce Article 42 of, and Annex V to, Council Regulation (EC) No. 1234/2007 (O.J. No. L 299, 16.11.2007, p.1), which relate to Community scales for the classification of carcases, and Commission Regulation (EC) No.1249/2008 (O.J. No.L 337, 16.12.2008, p.3), which sets out further details regarding the implementation of those scales for the classification of carcases. The Regulations relate to the carcases of bovine animals and pigs. The Regulations provide for notifications to be made to the Scottish Ministers by operators of slaughterhouses which slaughter bovine animals or pigs (regulation 4). They contain provisions regarding the holding of licences by persons who classify bovine carcases or in relation to classification of such carcases by automated grading equipment (regulations 8 to 11). They require the keeping of certain records (regulations 12 and 16 and Schedules 3 and 4). Part 5 of the Regulations concerns enforcement, and makes provision relating to the powers of authorised officers. In particular regulations 19 and 20 provide that breach of specified provisions of European Union legislation (set out in Schedules 1 and 2) is an offence. All offences are punishable on summary conviction with a fine not exceeding level 5 on the standard scale, except offences under regulation 23(2) (misleading marks). Reference to the Council Regulation and the Commission Regulation are to be read as references to the text of these instruments as amended from time to time. “As amended” versions of the European instruments can be found on the Eur-Lex website (http://eur-lex.europa.eu/en/index.htm). A Business Regulatory Impact Assessment (BRIA) was prepared in respect of these Regulations. Copies of the BRIA can be obtained from the Scottish Government Rural and Environmental Directorate, B1 Spur, Saughton House, Broomhouse Drive, Edinburgh, EH113XD. Copies have been placed in the Scottish Parliament Information Centre.
Offences created by this instrument
- Subject to regulation 7 (labelling instead of marking), any person who— a fails to comply with any requirement under a… regulation 19(1) · Status not determined · Strict liability
- Subject to regulation 15 (records instead of marking), any person who— a fails to comply with any requirement under a… regulation 20 · Status not determined · Strict liability
- Any person who fails to comply with any requirement of regulation 4 (notifications by operators) is guilty of an offence regulation 21 · Status not determined · Strict liability
- Any person who makes an alteration to a licence granted under regulation8 or 9 with the intent to deceive is guilty of… regulation 22(3) · Status not determined · Strict liability
- Any person who fails to comply with any requirement of regulation 12 (records: bovine carcases) or regulation 16… regulation 23(1) · Status not determined · Strict liability
- Any person who— a applies to a bovine carcase or part of such a carcase a mark— i prescribed by Article6(3) of the… regulation 23(2) · Status not determined · Strict liability
- Any person who— a without reasonable excuse, intentionally obstructs any person acting under these Regulations; b… regulation 24 · Status not determined · Requires proof of a state of mind
- 1 A person guilty of an offence under— a regulation 19 (European beef provisions); b regulation 20 (European pig… regulation 28(1) · Status not determined · Mixed — some elements strict, some not
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2010