The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004 © Crown Copyright 2004 Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004, ISBN 0110692845. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and all other powers enabling them in that behalf, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Genetically Modified Organisms (Traceability and Labelling) (Scotland) Regulations 2004 and shall come into force on 15th November 2004. (2) These Regulations extend to Scotland only. Interpretation 2. - (1) In these Regulations-
(2) Expressions in these Regulations which are not defined in paragraph (1) and which appear in or are referred to in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation and in these Regulations any reference to a numbered article is a reference to the article so numbered in the Council Regulation.
(b) by the Scottish Ministers and the local authority acting jointly.
(3) A local authority or the Scottish Ministers may appoint as inspectors such persons as it or they consider necessary for the purpose of enforcing these Regulations and the Council Regulation.
(b) an authorised officer under section 5(6) of the Food Safety Act 1990[8]; or (c) an inspector under Part VI of the Environmental Protection Act 1990[9],
which has effect at the date of coming into force of these Regulations has effect as if it was an appointment of that inspector or authorised officer as an inspector for the purpose of these Regulations.
(ii) food or feed produced from genetically modified organisms; or
(b) to be about to become, or to have been, involved in either of those activities,
require that person to furnish such relevant information available to the person as is specified in the notice, in such form and within such period following service of the notice as is so specified.
(b) where the product has been placed on the market prior to the date of the notice, require the withdrawal of the product within such period as the inspector may reasonably believe to be necessary; (c) prohibit the removal of the product from the premises described in the notice other than to enable the product to be labelled correctly; (d) require the product to be labelled in accordance with the Council Regulation within such period as the inspector may reasonably deem to be necessary.
(2) The notice may contain such conditions as the inspector is satisfied are reasonable and may be amended, suspended or revoked by further notice in writing at any time.
(b) to obstruct an inspector in the exercise of a power conferred by regulation 4 and Schedule 2; (c) without reasonable excuse, to fail to comply with-
(ii) the terms of any notice issued under regulation 6;
(d) knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with-
(ii) a requirement or prohibition of an inspector made for a purpose in connection with the execution or enforcement of these Regulations or the Council Regulation; or
(e) intentionally to make a false entry in any record required to be kept under the Council Regulation.
(2) It shall be a defence for a person charged with an offence under paragraph (1)(a) to prove that that person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by that person or by any person under that person's control.
(b) in the case of a body corporate, by delivering it or sending it by post to its secretary or clerk at its registered or principal office; (c) in the case of a partnership by delivering it or sending it by post it to the registered or principal office of the partnership; or (d) where that person has consented to receive such notices by electronic communications, by sending it by electronic communications to that person.
(2) Where a notice is to be served on the occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned by the description of "occupier" of the premises (naming them) and-
(b) if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
(3) Where a notice is served using electronic communications, the service is deemed to have been effected by properly addressing and transmitting the notice.
1. At any reasonable time-
(b) to take any equipment or materials required for any purpose for which the power of entry is being exercised.
2.
To carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary.
(b) if food or feed, to be produced from genetically modified organisms and in relation to which the inspector has reasonable cause to believe that the information specified in article 5(1) of the Council Regulation has not been transmitted to the operator receiving the product, to take possession of it and detain it for so long as is necessary for all or any of the following purposes-
(ii) to ensure that it is not tampered with before any examination of it is completed; and (iii) to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations.
6.
To require any person whom the inspector has reasonable cause to believe to be able to give any information relevant to any test or inspection under this Schedule to answer (in the absence of persons other than a person nominated by the first named person to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask.
(b) any substance,
an inspector shall, if it is practical and safe to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it. (This note is not part of the Regulations) These Regulations make provision as respects Scotland, for the execution and enforcement of Regulation (EC) No. 1830/2003 of the European Parliament and of the Council concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC, which is directly applicable. The Council Regulation seeks to ensure that consumers are fully and reliably informed about genetically modified organisms and the products, food and feed produced therefrom, so as to enable them to make an informed choice of product. The Council Regulation therefore provides a framework for the traceability of products consisting of or containing genetically modified organisms and food and feed produced from genetically modified organisms. The Council Regulation has as its objective the facilitation of accurate labelling, the monitoring of the effects on the environment and, where appropriate, on health, and the implementation of the appropriate risk management measures including, if necessary, withdrawal of products. Regulation 3 makes provision for enforcement of the Regulations and of the Council Regulation, and for the appointment of inspectors. Regulation 4 and Schedule 2 sets out the powers of the inspectors including the power to carry out tests and inspections, to take samples, and to require the provision of information. Regulation 5 makes provision for local authorities and Scottish Ministers to obtain information. Regulation 6 provides for the service by inspectors of notices dealing with incorrectly labelled products. Regulation 7 makes it an offence to contravene specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; to fail to comply with any requirement of the inspectors and to give false information. Regulation 8 makes provision in respect of offences committed by third parties. Regulation 9 provides for offences committed by corporate bodies. Regulation 10 specifies time limits for bringing prosecutions. Regulation 11 prescribes penalties for the offences contained in regulation 7. Regulation 12 makes provision for service of notices under these Regulations. A Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Executive Environment and Rural Affairs Department, GM Team, Victoria Quay, Edinburgh EH6 6QQ. Notes: [1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the 1972 Act, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back [2] O.J. No. L 268, 18.10.2003, p.24.back [3] O.J. No. L 106, 17.4.2001, p.1.back
ISBN 0 11 069284 5
|
|
Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2004 | Prepared 18 October 2004 |