Draft Food Hygiene (Scotland) (Amendment) Regulations 2008

The key proposals are:

• to amend the list of definitions of Community legislation in the Food Hygiene (Scotland) Regulations 2006
• to disapply the criteria in paragraph 2(b), Chapter III, Section V, Annex III of Regulation (EC) 853/2004 regarding the number of days between slaughter and the mincing of chilled meat
• to allow certain slaughterhouses formerly classified as low throughput to be exempted from the requirement to have facilities for detained meat, and facilities for cleansing and disinfection of livestock vehicles
• to prescribe the format for a special health and identification mark to be used on carcasses of animals subject to emergency slaughter outside a slaughterhouse and on the meat derived from such carcasses
• to provide a legislative framework for carrying out a pilot project at certain low throughput approved game handling establishments

Commission regulations
The Commission adopted, at the meeting of the EU Standing Committee on Food Chain and Animal Health (SCOFCAH) on 18 July 2007, five Commission regulations which amend certain aspects of the EU food hygiene regulations and their implementing and transitional measures. A report of the meeting is available at the link below.

The Commission Regulations 1243/2007 and 1441/2007 have now been published by the European Parliament. This process is likely to be completed for the other measures and published in the Official Journal in due course. They will enter into force on the seventh day following publication and apply from that same date. Annex A gives a brief description of the measures which are included as appendices to that annex.

The Commission regulations will apply directly. It will however be necessary to provide for them being enforced as part of the other EU food hygiene regulations. This will be achieved by amending within the national legislation the list of definitions of Community legislation to include appropriate references to these latest measures. A draft of amending regulations is enclosed at Annex B for comment.

In order to provide for a full period of public consultation, we are consulting now on the basis of the latest drafts of the Commission regulations. The final titles and references will be adjusted once the texts have been published in the Official Journal.

National measures
The draft Food Hygiene (Scotland) (Amendment) Regulations 2008 also propose a number of national measures in relation to minced meat, certain fresh meat and game meat production. These will apply in Scotland only. England, Wales and Northern Ireland will make similar legislation. The basis in Community law for the national measures set out below is as follows:

• minced meat production (period between slaughter and the mincing of chilled fresh meat) – Article 10(3) of Regulation 853/2004
• Certain fresh meat production (exemption from requirements to have certain facilities at slaughterhouses) – Article 10(3) of Regulation 853/2002
• Certain fresh meat production (national mark) – paragraph 9 of Chapter VI of Section I of Annex III to Regulation 853/2004 and paragraph 7 of Chapter III of Section I of Annex I to Regulation 854/2004
• Game meat production (pilot project) – Article 17(3) of Regulation 854/2004

Minced meat production
The proposal is to disapply the criteria in paragraph 2(b), Chapter III, Section V, Annex III of Regulation (EC) 853/2004 regarding the number of days between slaughtering and mincing of chilled meat. More detail of the proposal and what it hopes to achieve is in Appendix 1. The purpose of this is to enable the continuation of the Scottish tradition of ageing meat that is used to produce minced meat. You will want to note that, as explained in Appendix 1, this proposal is subject to clearance by the European Commission whose approval will be needed to proceed with this measure.

Certain fresh meat production
It is proposed that certain slaughterhouses, formerly classified as low throughput, should be exempt from the requirements to have facilities for detained meat and facilities for cleansing and disinfection of livestock vehicles.

In addition, the format of a special health and identification mark to be used on the carcasses of animals subject to emergency slaughter outside a slaughterhouse and on the meat derived from such carcasses is prescribed. Appendix 2 gives more details on these proposals.

Game meat production
It is proposed to establish a pilot project at certain low throughput game handling establishments to determine the value of the post mortem inspection carried out by an official veterinarian over and above operators’ HACCP-based controls. It is necessary to provide for a legislative framework within which this can happen. Appendix 3 gives more details.

This consultation has been prepared in accordance with the HM Government Code of Practice on Consultation, which states that a consultation must follow better regulation best practice, including carrying out an Impact Assessment (Regulatory Impact Assessment in Scotland). The assessment is included in the consultation documents.

We are interested in what you thought of this consultation and would therefore welcome your general feedback on both the consultation package and overall consultation process. If you would like to assist us to improve the quality of future consultations, please feel free to share your thoughts with us by using the consultation feedback questionnaire.

Consultation feedback questionnaire (Word)

Consultation feedback questionnaire (pdf)

In accordance with the FSA principle of openness our Information Centre at Aviation House will hold a copy of the completed consultation. The FSA will publish a summary of responses, which may include personal data, such as your full name. Disclosure of any other personal data would be made only upon request for the full consultation responses. If you do not want this information to be released, please complete and return the Publication of Personal Data Form. Return of this form does not mean that we will treat your response to the consultation as confidential, just your personal data.

Data protection form (Word)

Data protection form (pdf)

Within three months of a consultation ending we aim to publish a summary of responses received and provide a link to it from this page.

If, after three months, the summary is still not showing, please contact the person who was responsible for the original consultation. Alternatively, you can contact the FSA Consultation Co-ordinator by email: consultationcoordinator@foodstandards.gsi.gov.uk