Regulation 4 Offences under European legislation
Scotland
Any person who fails to comply with any of the following is guilty of an offence—
the following provisions of Regulation 1760/2000—
Article 11 (requirement to label);
Article 13(1) (compulsory labelling: general rules);
Article 13(2) (compulsory labelling: indications on the label);
Article 13(5) (compulsory labelling: additional information on the label);
Article 14 (derogations from the compulsory labelling system);
Article 15 (compulsory labelling of beef from third countries); F1and
the first and second sub-paragraphs of Article 15a (voluntary labelling: general rules);
the following provisions of Commission Regulation 1825/2000—
Article 1 (traceability);
Article 2 (labelling where information is not available);
Article 4 (size and composition of a group);
Article 5(2) (minced beef);
Article 5a (trimmings) M1;
Article 5b (pre-packaged cut meat);
Article 5c (non-pre-packaged cut meat);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Article 7(1) (checks); and
Article 7(4) (Provision of information to the competent authority);
the following provisions of the EU Regulation—
Article 78 and paragraph II of Part I of Annex VII (classification of bovine animals aged less than 12 months at the slaughterhouse);
Article 78 and paragraph III of Part I of Annex VII (sales descriptions);
Article 78 and paragraph IV of Part I of Annex VII (compulsory information on the label);
Article 78 and paragraph V of Part I of Annex VII (recording); and
paragraph VI(5) of Part I of Annex VII (official checks);
the following provisions of Commission Regulation 566/2008—
Article 4(1) (compulsory information on the label);
Article 4(2) (indications of age);
Article 5 (recording of information); and
Article 6(6) (official checks).
For the purposes of F5paragraph IV(2) of Part I of Annex VII to the EU Regulation 2013, the required information must be clearly displayed near the meat so as to allow the final consumer to identify it easily and must be clearly legible.
Paragraph (1)(a)(vi) does not apply if the matter constituting the alleged contravention—
relates to a product that was placed on the market before 1st January 2024, and
would not have constituted a contravention of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as that Regulation applied immediately before IP completion day.
Annotations
Textual amendments
- F1
Word in reg. 4(1)(a)(vi) inserted (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 41(3)(a)
- F2
Reg. 4(1)(a)(vii) substituted for reg. 4(1)(a)(vii)(viii) (28.2.2019) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) (Scotland) Regulations 2018 (S.S.I. 2018/391), regs. 1(1), 41(3)(b)
- F3
Reg. 4(1)(b)(viii) omitted (31.12.2020) by virtue of The Agriculture Market Measures (EU Exit) (Scotland) (Amendment) Regulations 2019 (S.S.I. 2019/73), regs. 1(2), 5(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Reg. 4(1)(c) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 21(4)(a)
- F5
Words in reg. 4(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations 2013 (S.I. 2013/3235), regs. 1, 21(4)(b)
- F6
Reg. 4(3) inserted (30.9.2022) by The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 (S.S.I. 2022/265), regs. 1(1), 10
Marginal citations
- M1
Articles 5a, 5b and 5c were inserted into Commission Regulation 1825/2000 by Commission Regulation (EC) No. 275/2007 (O.J. L 76, 16.3.2007, p.12).