The Genetically Modified Food (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 Food (Scotland) Regulations 2004, ISBN 0110692810. 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 sections 6(4), 16(1)(a), (e) and (f), 17(2), 18(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1], and of all other powers enabling them in that behalf, and having had regard in accordance with section 48(4A)[2] of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations: Citation, commencement and extent 1. - (1) These Regulations may be cited as the Genetically Modified Food (Scotland) Regulations 2004 and shall come into force on 15th November 2004. (2) These Regulations extend to Scotland only. Interpretation 2. In these Regulations-
"the Community Regulation" means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed[4];
Submission of applications for authorisation to market products
(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or to both.
(2) Any person who contravenes or fails to comply with any of the specified Community provisions referred to in Part II of the Schedule shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(b) section 20 (offences due to fault of another person); (c) section 21 (defence of due diligence); (d) section 22 (defence of publication in the course of business); (e) section 29 (procurement of samples); (f) section 30(8) (documentary evidence); (g) section 32 (powers of entry); (h) section 33 (obstruction etc. of officers); (i) section 35(1) to (3) (punishment of offences) insofar as it relates to offences under section 33(1) and (2) as applied by paragraph (h); (j) section 36 (offences by bodies corporate); (k) section 36A (offences by Scottish partnerships); and (l) section 44 (protection of officers acting in good faith).
(2) Section 34 (time limit for prosecutions) shall apply to offences under regulation 5 as it applies to offences under section 35(2) of the Act, and-
(b) a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
(3) Section 8(3) of the Act shall apply for the purposes of these Regulations as if it read-
(4) Section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read-
(b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market,
and subsections (2) to (11) shall apply where it appears to an authorised officer taking account of all information available to that officer that the placing on the market of any food fails to comply with a specified Community provision.
(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or
(b) seize the food and remove it in order to have it dealt with by the sheriff,
and any person who knowingly contravenes the requirements of a notice under paragraph (a) shall be guilty of an offence.
(b) if the authorised officer is not so satisfied, shall seize the food and remove it in order to have it dealt with by the sheriff.
(4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b), the authorised officer shall inform the person in charge of the food of the intention to have it dealt with by the sheriff, and any person who might be liable to prosecution under the Genetically Modified Food (Scotland) Regulations 2004 ("the Regulations") in respect of the food shall, if that person attends before the sheriff by whom the food falls to be dealt with, be entitled to be heard and to call witnesses.
(b) where it has not been so labelled within the period or periods specified, condemn the food and order it to be destroyed or so disposed of as to prevent it from being used for human consumption.
(7) Any expenses incurred in connection with the detention, labelling, destruction or disposal of the food pursuant to sub-sections (2), (5) or (6) shall be borne by the operator.
(b) where such a notice has been so served, the service is deemed to have been effected by properly addressing and transmitting the notice.
(11) In this section "specified Community provision" has the same meaning as in the Regulations and "electronic communications" has the same meaning as in the Electronic Communications Act 2000[5].".
Revocation
(b) in the Schedule, after item 6 insert-
(ii) in the second column-
(This note is not part of the Regulations) These Regulations, which extend to Scotland only, provide for the enforcement and execution of Chapter II of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (O.J. No. L 268, 18.10.03, p.1) ("the Community Regulation") which relates to food. The Genetically Modified Animal Feed (Scotland) Regulations 2004 (S.S.I. 2004/[ ]) make provision for the enforcement of those provisions of the Community Regulation relating to animal feed. In particular the Regulations-
(b) provide for food authorities to enforce the provisions of these Regulations and Chapter II of the Community Regulation (regulation 4); (c) establish penalties for failing to comply with certain specified provisions of the Community Regulation (regulation 5 and the Schedule); (d) apply various provisions of the Food Safety Act 1990 with some modifications in their application for the purposes of these Regulations (regulation 6); (e) revoke the Genetically Modified and Novel Foods (Labelling) (Scotland) Regulations 2000 (regulation 7); and (f) make consequential amendments to the Novel Foods and Novel Food Ingredients Regulations 1997 by inserting a provision in the Schedule (regulation 8).
A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ. Notes: [1] 1990 c.16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c.28) ("the 1999 Act"), Schedule 5, paragraph 10(3); sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) ("the 1998 Act") by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.back [2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.back [3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.back [4] O.J. No. L 268, 18.10.03, p.1.back [7] S.I. 1997/1335, amended by S.I. 1999/1756 and 3182 and S.S.I. 2000/62 and 83.back
ISBN 0 11069281 0
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