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The Food Hygiene (Scotland) Regulations 2006

S.S.I. 2006/3 · Made 9 January 2006 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 January 2024.

FOOD

Made 9th January 2006

Laid before the Scottish Parliament 10th January 2006

Coming into force 11th January 2006

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 and of all other powers enabling them in that behalf, after consultation as required by 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 safety M2, hereby make the following Regulations:

Annotations to the whole text

Marginal citations

M1

1972 c. 68 (“the 1972 Act”). Section 2(2) was amended by the Scotland Act 1998 (c. 46) (“the 1998 Act”), Schedule 8, paragraph 15(3). The function conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred and in so far as relating to food (including drink) including the primary production of food, that function was transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

M2

O.J. No. L 31, 1.2.02, p.1 as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).

Contents

  1. Part 1: PRELIMINARY
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Presumptions that food is intended for human consumption
  5. 4Competent authority for the purposes of the Community Regulations
  6. 5Enforcement
  7. Part 2: MAIN PROVISIONS
  8. 6Hygiene improvement notices
  9. 7Hygiene prohibition orders
  10. 8Hygiene emergency prohibition notices and orders
  11. 9Remedial action notices and detention notices
  12. 10Offences due to fault of another person
  13. 11Defence of due diligence
  14. Part 3: ADMINISTRATION AND ENFORCEMENT
  15. 12Procurement of samples
  16. 13Analysis etc. of samples
  17. 14Powers of entry
  18. 15Obstruction etc. of officers
  19. 16Time limit for commencement of prosecutions
  20. 17Offences and penalties
  21. 18Offences by bodies corporate
  22. 19Offences by Scottish partnerships
  23. 20Right of appeal
  24. 21Appeal to Court of Session
  25. 22Appeals against hygiene improvement notices and remedial action notices
  26. 23Application of section 9 of the Food Safety Act 1990
  27. Part 4: MISCELLANEOUS AND SUPPLEMENTARY PROVISIONS
  28. 24Power to issue codes of recommended practice
  29. 25Protection of officers acting in good faith
  30. 26Revocation and suspension of designations and appointments
  31. 27Food which has not been produced, processed or distributed in accordance with the Hygiene Regulations
  32. 28Service of documents
  33. 29Bulk transport in sea–going vessels of liquid oils or fats and of raw sugar
  34. 30Temperature control requirements
  35. 31Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
  36. 32Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption
  37. 32ASpecial health mark Repealed
  38. 33Consequential amendments
  39. 34Revocations
  40. 35Savings
  41. Signature
  42. Schedule 1DEFINITIONS OF EU LEGISLATION
  43. Paragraph Repealed
  44. Schedule 2Specified Community provisions
  45. Schedule 3: Bulk transport in sea-going vessels of liquid oils or fats or of raw sugar
  46. 1Offence
  47. 2Liquid oils or fats Repealed
  48. 3Paragraph 3 Repealed
  49. 4Paragraph 4 Repealed
  50. 5Paragraph 5 Repealed
  51. 6Paragraph 6 Repealed
  52. 7Raw sugar
  53. 8Paragraph 8
  54. 9Paragraph 9
  55. 10Paragraph 10
  56. 11Paragraph 11
  57. 12Paragraph 12
  58. 13Paragraph 13
  59. 14Interpretation
  60. Schedule 3AREQUIREMENTS REFERRED TO IN REGULATION 17(5)
  61. Schedule 3BREQUIREMENTS REFERRED TO IN REGULATION 17(6)
  62. Schedule 3CREQUIREMENTS REFERRED TO IN REGULATION 17(7)
  63. Schedule 3DREQUIREMENTS REFERRED TO IN REGULATION 17(8)
  64. Schedule 4: Temperature control requirements
  65. 1Scope
  66. 2Chill and hot holding requirements
  67. 3Reheating of food
  68. 4Interpretation
  69. Schedule 5: Direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm
  70. 1Scope
  71. 2Offence
  72. 3Requirements
  73. 4Paragraph 4
  74. Schedule 6: Restrictions on the placing on the market of raw milk and raw cream intended for direct human consumption
  75. 1Paragraph 1
  76. 2Paragraph 2
  77. 3Paragraph 3
  78. Schedule 6A: THE SPECIAL HEALTH MARK
  79. ...Paragraph ... Repealed
  80. Schedule 7: Consequential amendments
  81. 1The Colours in Food Regulations 1995
  82. 2The Animal By-Products (Identification) Regulations 1995 Repealed
  83. 3Paragraph 3 Repealed
  84. 4Paragraph 4 Repealed
  85. 5Paragraph 5 Repealed
  86. 6Paragraph 6 Repealed
  87. 7Paragraph 7 Repealed
  88. 8Paragraph 8 Repealed
  89. 9Paragraph 9 Repealed
  90. 10Paragraph 10 Repealed
  91. 11Paragraph 11 Repealed
  92. 12The Food Labelling Regulations 1996 Repealed
  93. 13Paragraph 13 Repealed
  94. 14Paragraph 14 Repealed
  95. 15Paragraph 15 Repealed
  96. 16Paragraph 16 Repealed
  97. 17Paragraph 17 Repealed
  98. 18Paragraph 18 Repealed
  99. 19The Products of Animal Origin (Import and Export) Regulations 1996
  100. 20The Specified Risk Material Order 1997
  101. 21Paragraph 21
  102. 22Paragraph 22
  103. 23The Beef Bones (Scotland) Regulations 1999
  104. 24Paragraph 24
  105. 25Paragraph 25
  106. 26Amendments to the Cattle Identification Regulations 1998
  107. 27Paragraph 27
  108. 28Paragraph 28
  109. 29Paragraph 29
  110. 30The Bovine and Bovine Products (Trade) Regulations 1999 Repealed
  111. 31Paragraph 31 Repealed
  112. 32Paragraph 32 Repealed
  113. 33Paragraph 33 Repealed
  114. 34Paragraph 34 Repealed
  115. 35The TSE (Scotland) Regulations 2002 Repealed
  116. 36Paragraph 36 Repealed
  117. 37Paragraph 37 Repealed
  118. 38Paragraph 38 Repealed
  119. 39Paragraph 39 Repealed
  120. 40Paragraph 40 Repealed
  121. 41Paragraph 41 Repealed
  122. 42Paragraph 42 Repealed
  123. 43The Condensed Milk and Dried Milk (Scotland) Regulations 2003 (2003/311)
  124. 44The Animal By-Products (Scotland) Regulations 2003 Repealed
  125. 45The Eggs (Marketing Standards) (Enforcement) Scotland Regulations 2005 Repealed
  126. 46The Official Feed and Food Control (Scotland) Regulations 2005
  127. 47Paragraph 47
  128. 48Paragraph 48
  129. 49Paragraph 49
  130. 50Paragraph 50
  131. 51Paragraph 51
  132. Schedule 8Revocations
  133. Explanatory note