The Poultrymeat (Scotland) Regulations 2011
Scottish Statutory Instrument 2011 No. 318 — creates 2 criminal offences.
- Made
- 7 September 2011
- In force from
- 10 October 2011
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- European Communities Act 1972, Food Safety Act 1990, Schedule 2 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 make provision for the enforcement and execution of directly applicable European marketing standards relating to poultrymeat. These Regulations revoke the Poultry Meat (Water Content) (Scotland) Regulations 1983 (S.I.1983/1372), the Poultry Meat (Water Content) (Scotland) Amendment Regulations 1984 (S.I.1984/1576) and parts of the Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990 (S.I.1990/2625). They also make consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 (S.I.1990/2463). They make the failure to comply with the provisions of Council Regulation (EC) No1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L299 16.11.2007, p.1) (“the Single CMO Regulation”) and Commission Regulation (EC) No543/2008 (OJ L157 17.6.2008, p.46) mentioned in Schedule1 (provisions relating to the marketing of poultrymeat) an offence (regulation3 and Schedule1). They make provision in relation to the registration of slaughterhouses and producers as required by Article12 of Commission Regulation (EC) No543/2008 (regulation4) and provide for appeals against a decision to refuse such a registration and a decision to cancel such a registration (regulations5 and 6). They provide for the payment of fees in relation to water content checks carried out by the Food Standards Agency or food authority (regulation7 and Schedule2). They provide for enforcement (regulations8 and 9). They confer powers of entry (regulation10) and other powers including seizure and destruction powers (regulations 11 and 12). There is also provision for the issue of a compliance notice by an authorised officer (regulation13) and for an appeal against compliance notices (regulations14 and 15). They make obstruction of an authorised officer an offence (regulation16) and offences under these Regulations are punishable on summary conviction by a fine not exceeding level5 on the standard scale (regulation17). They provide for an extended period for bringing prosecutions (regulation 18), and for offences by bodies corporate (regulation 19). There is a notice provision (regulation 20) and various provisions of the Food Safety Act 1990 are applied (regulation21). A Business and Regulatory Impact Assessment has been prepared. Copiesmay be obtained from the Scottish Government, Rural and Environmental Directorate, B1 Spur, Saughton House, Broomhouse Drive, Edinburgh, EH11 3XD and online at www.legislation.gov.uk. Copies have been placed in the Scottish Parliament Information Centre.
Offences created by this instrument
- Obstruction regulation 16 · Status not determined · Requires proof of a state of mind
- A person commits an offence if that person contravenes a European poultrymeat provision regulation 3 · Status not determined · Strict liability
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 2011