Explanatory note
(This note is not part of the Regulations)
These Regulations replace the Beef and Veal Labelling (Scotland) Regulations 2008. The changes are that they enforce Articles 5a, 5b and 5c of Commission Regulation (EC) No. 1825/2000 (regulation 4(1)(b)) and provide rules for the provision of information for un-prepacked meat of bovine animals aged 12 months or less at the point of sale (regulation 4(2)).
They continue to enforce Title II of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and subsidiary Commission Regulations.
They also enforce the provisions relating to meat of bovine animals aged 12 months or less of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) as well as the provisions of Commission Regulation (EC) No. 566/2008 laying down detailed rules for the application of Council Regulation (EC) No. 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less.
They are enforced by the local authority or the Scottish Ministers in accordance with regulation 3.
Breach of the Regulations is an offence punishable on summary conviction with a fine not exceeding level 5 on the standard scale (regulation 12).
The Regulations confer enforcement powers on authorised officers, including powers of entry (regulation 7) and powers of inspection and sampling (regulation 8). Moreover, regulations 5 and 6 enable authorised officers to serve a written notice on operators requiring removal from sale of any beef or veal labelled and marketed in breach of the relevant EU instruments in respect of which operators have a right of review.
Regulation 10 makes provision in relation to offences of bodies corporate and regulation 11 provides for a defence of due diligence. Regulation 13 makes provision for the protection of officers acting in good faith.
A Business and Regulatory Impact Assessment has not been produced, as no effect on business is anticipated.