The Charges for Residues Surveillance Amendment (Scotland) Regulations 2024
S.S.I. 2024/218 · Made 27 August 2024
Food
Made 27th August 2024
Laid before the Scottish Parliament 29th August 2024
Coming into force 1st October 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 45 and 48(1) of the Food Safety Act 1990f1 and all other powers enabling them to do so.
In accordance with section 48(4A) of that Actf2 the Scottish Ministers have had regard to advice given by Food Standards Scotland on the proposal to make these Regulations.
In accordance with Article 9 of Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf3, there has been an open and transparent public consultation.
Annotations to the whole text
Footnotes
- f1
-
1990 c.16. Section 6(4) was amended by paragraph 6 of schedule 9 of the Deregulation and Contracting Out Act 1994 (c. 40), S.I. 2002/794 and paragraph 10(3) of schedule 5 of the Food Standards Act 1999 (c.28) (“the 1999 Act”). Sections 45(1) and 48 were amended by paragraphs 7, 8, 20 and 21 of schedule 5 of the 1999 Act. Amendments made by schedule 5 of the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 49(2) of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
- f2
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Subsection (4A) was inserted into section 48 of the 1990 Act by paragraph 21 of schedule 5 of the 1999 Act.
- f3
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EUR 2002/178, to which there are amendments not relevant to these Regulations.
Contents
- 1Citation, commencement and extent
- 2Amendments to the Charges for Residues Surveillance Regulations 2006
- Signature
- Explanatory note
1Citation, commencement and extent
These Regulations may be cited as the Charges for Residues Surveillance Amendment (Scotland) Regulations 2024 and come into force on 1 October 2024.
These Regulations extend to Scotland only.
2Amendments to the Charges for Residues Surveillance Regulations 2006
The Charges for Residues Surveillance Regulations 2006f1 are amended as follows.
In regulation 2 (interpretation)—
after the definition of “carcase” insert—
““competent authority” has the meaning given in Article 3(3)(a) of the Official Controls Regulation;”,
after the definition of “milk” insert—
““the Official Controls Regulation” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection productsf2”.
In regulation 3 (liability for and recovery of charges for residues surveillance)—
for paragraph (1), substitute—
“(1)In respect of costs incurred by a competent authority in carrying out the official controls required by Article 150(1) of the Official Controls Regulation on the animals, fish and animal products listed in the first column of Schedule 1, the competent authority shall, except where paragraph (7) applies—
(a)for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed within the period beginning with 1 October 2024 and ending with 31 March 2025, charge the amount specified in the corresponding entry in the second column of that Schedule; and
(b)for animals slaughtered, wild game prepared, fish marketed, milk collected or eggs packed on or after 1 April 2025, charge the amount specified in the corresponding entry in the third column of that Schedule.”,
in paragraph (2)—
for “the Secretary of State” substitute “a competent authority”,
for “him” in both places it occurs substitute “the competent authority”,
in paragraph (5)—
for “The Secretary of State” substitute “A competent authority”,
for “he” substitute “the competent authority”,
for “his” substitute “the”,
in paragraph (6)—
for “If the Secretary of State” substitute “If a competent authority”,
for “he” substitute “the competent authority”,
in subparagraph (c) for “he” substitute “the competent authority”,
in paragraph (8)—
for “the Secretary of State” substitute “a competent authority”,
for “his agent” substitute “the competent authority’s agent”,
for “his inspection” substitute “the inspection”,
in paragraph (9)—
for “Secretary of State” substitute “competent authority”,
in subparagraph (c) for “he will” substitute “the competent authority will”.
In regulation 4 (information, offences and enforcement)—
in paragraph (1)—
for “the Secretary of State” substitute “a competent authority”,
in subparagraph (a) for “Secretary of State” substitute “competent authority”,
in subparagraph (b)—
for “Secretary of State” substitute “competent authority”,
for “him” substitute “the competent authority”,
in paragraph (3)—
for “the Secretary of State” substitute “a competent authority”,
for “him” substitute “the competent authority”,
for paragraph (4) substitute—
“(4)These Regulations shall be enforced by—
(a)the Scottish Ministers,
(b)Food Standards Scotland, or
(c)the food authority,
where they are the competent authority.”.
For Schedule 1f3 substitute—
“SCHEDULE 1
Residues surveillance charges
Regulation 3(1)
Type of creature or animal product Charge (£) from 1 October 2024 to 31 March 2025 Charge (£) from 1 April 2025 Bovine 0.7007 per carcase 0.7617 per carcase Goat 0.0691 per carcase 0.0751 per carcase Sheep 0.0691 per carcase 0.0751 per carcase Soliped 0.4287 per carcase 0.4660 per carcase Swine 0.0676 per carcase 0.0735 per carcase Game and wild game 1.0461 per tonne 1.0461 per tonne Poultry 0.5917 per tonne 0.6432 per tonne Eggs 0.0206 per case of 360 0.0206 per case of 360 Milk 0.0373 per 1000 litres 0.0405 per 1000 litres Fish other than trout 2.1660 per tonne of marketed product 2.3546 per tonne of marketed product Trout 2.5963 per tonne of fish food 2.8222 per tonne of fish food ”
Signature
JIM FAIRLIE
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th August 2024
Explanatory note
(This note is not part of the Regulations)
These Regulations amend the Charges for Residues Surveillance Regulations 2006 (S.I. 2006/2285).
Amendments are made to regulations 2, 3 and 4 of the 2006 Regulations to allow costs incurred in carrying out the inspections and controls in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances to be recoverable by the competent authority performing the official controls.
These amendments also vary the fees required to be paid in relation to surveillance of animals and animal products for residues of veterinary medicinal products and other substances.
Changes to fees are itemised in the table below.
Table 1
| Type of creature or animal product | Basis for charge | Previous charge (£) | Replacement charge (£) from 1 October 2024 to 31 March 2025 | Replacement charge (£) from 1 April 2025 |
|---|---|---|---|---|
| Bovine | per carcase | 0.5106 | 0.7007 | 0.7617 |
| Goat | per carcase | 0.0507 | 0.0691 | 0.0751 |
| Sheep | per carcase | 0.0507 | 0.0691 | 0.0751 |
| Soliped | per carcase | 0.3536 | 0.4287 | 0.4660 |
| Swine | per carcase | 0.0543 | 0.0676 | 0.0735 |
| Game and wild game | per tonne | 1.0461 | 1.0461 | 1.0461 |
| Poultry | per tonne | 0.5568 | 0.5917 | 0.6432 |
| Eggs | per case of 360 | 0.0179 | 0.0206 | 0.0206 |
| Milk | per 1000 litres | 0.0276 | 0.0373 | 0.0405 |
| Fish other than trout | per tonne of marketed product | 2.1265 | 2.1660 | 2.3546 |
| Trout | per tonne of fish food | 1.6840 | 2.5963 | 2.8222 |