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The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024

As Enacted Cited authorities 9 Cited in Related
Vincent
JurisdictionScotland
Year2024
CitationSSI 2024/12

2024 No. 12

Agriculture

Food

The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024

Made 16th January 2024

Laid before the Scottish Parliament 18th January 2024

Coming into force 7th March 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by Article 53(1)(b) of Regulation (EC) No 178/2002of 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 safety1(“Regulation 178/2002”), and Articles 34(6), 47(2)(b) and 54(4)(a) and (b) of Regulation (EU) 2017/625of 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 products2(“Regulation 2017/625”) and all other powers enabling them to do so.

There has been consultation as required by Article 9 of Regulation 178/2002 and as required by Article 144(7) of Regulation 2017/625.

S-1 Citation, commencement and extent

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) Amendment (Scotland) Regulations 2024 and come into force on 7 March 2024.

(2) These Regulations extend to Scotland only.

S-2 Amendment of Commission Implementing Regulation (EU) 2019/1793

Amendment of Commission Implementing Regulation (EU) 2019/1793

2.—(1) Commission Implementing Regulation (EU) 2019/1793on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries3is amended as follows.

(2) In Article 3 (sampling and analyses)—

(a)

(a) after paragraph (e), insert—

“

(ea)

(ea) for food listed in Annex II due to the presence ofListeria, the sampling and the analyses for the control of Listeria must be performed in accordance with the sampling procedures and the analytical reference methods laid down in Annex IIIa;

”,

(b)

(b) in paragraph (f), for “and (e)” substitute “, (e) and (ea)”.

(3) In Article 10(2) (results of sampling and analyses performed by the competent authorities of the third country), at the end of sub-paragraph (d), insert—

“

;

(e)

(e) the absence ofListeria in 25 g, for consignments of food listed in Annex II due to risk of microbiological contamination by Listeria.

(4) For Annex I (food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points), substitute the Annex in schedule 1 of these Regulations.

(5) For Annex II (food and feed from certain third countries subject to special conditions for entry into Great Britain due to contamination risk by mycotoxins, including aflatoxins, pesticide residues, pentachlorophenol and dioxins and microbiological contamination), substitute the Annex in schedule 2 of these Regulations.

(6) After Annex III (sampling procedures and analytical reference methods referred to in Article 3(e)), insert the Annex in schedule 3 of these Regulations.

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th January 2024

SCHEDULE 1

Regulation 2(4)

New Annex I of Commission Implementing Regulation (EU) 2019/1793

ANNEX I

Food and feed of non-animal origin from certain third countries subject to a temporary increase of official controls at border control posts and control points

Country of origin

Food and feed (intended use)

CN code

TARIC sub-division

Hazard

Frequency of physical and identity checks (%)

Bolivia (BO)

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnuts paste

(Food and feed)

ex2007 10 10

ex2007 10 99

ex2007 99 39

80

50

07;08

Brazil (BR)

Black pepper (Piper)

(Food – neither crushed nor ground)

ex0904 11 00

10

Salmonella1001

50

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Pesticide residues1003

20

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Groundnuts paste

(Food and feed)

ex2007 10 10

ex2007 10 99

ex2007 99 39

80

50

07;08

China (CN)

Groundnuts (peanuts) in shell

(Food and feed)

1202 41 00

Aflatoxins

10

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Groundnuts paste

(Food and feed)

ex2007 10 10

ex2007 10 99

ex2007 99 39

80

50

07;08

Sweet peppers (Capsicum annuum)

(Food – crushed or ground)

ex0904 22 00

11

Salmonella1003

10

Tea, whether or not flavoured

(Food)

0902

Pesticide residues10031004

20

Columbia (CO)

Granadilla (Passiflora ligularis) and passion fruit (Passiflora edulis)

(Food)

ex0810 90 20

30

Pesticide

residues1003

10

Dominican Republic

(DO)

Aubergines (Solanum melongena)

(Food – fresh or

chilled)

0709 30 00

Pesticide residues1003

20

Sweet peppers

(Capsicum annuum)

(Food – fresh, chilled or frozen)

0709 60 10

0710 80 51

Pesticide residues10031005

50

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex0709 60 99 ex0710 80 59

20

20

Yardlong beans

(Vigna unguiculatasubsp.sesquipedalis)

(Food – fresh, chilled or frozen)

ex0708 20 00

ex0710 22 00

10

10

Ecuador (EC)

Bananas

(Food – fresh or dried)

0803 90 10

0803 90 90

Pesticide

residues1003

5

Egypt (EG)

Oranges

(Food – fresh or dried)

0805 10

Pesticide

residues1003

10

Sweet peppers (Capsicum annuum)

(Food – fresh, chilled or frozen)

0709 60 10

0710 80 51

Pesticide residues10031006

20

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled

or frozen)

ex0709 60 99

ex0710 80 59

20

20

Georgia (GE)

Hazelnuts (Corylus spp.), in shell

(Food)

0802 21 00

Aflatoxins

20

Hazelnuts (Corylus spp.), shelled

(Food)

0802 22 00

Flour, meal and powder of hazelnuts (Corylus spp.)

(Food)

ex1106 30 90

40

Hazelnuts (Corylus spp.), otherwise prepared or preserved

(Food)

ex2008 19 19

ex2008 19 95

ex2008 19 99

30

20

30

Ghana (GH)

Palm oil

(Food)

1511 10 90

1511 90 11

ex1511 90 19

1511 90 99

90

Sudan dyes 1007

20

India (IN)

Curry leaves (Bergera/ Murraya koenigii)

(Food – fresh, chilled, frozen or dried)

ex1211 90 86

10

Pesticide residues10031008

50

Drumsticks (Moringa oleifera)

(Food – fresh, chilled or frozen)

ex0709 99 90

ex0710 80 95

10

75

Pesticide

residues1003

20

Okra

(Food – fresh, chilled or frozen)

ex0709 99 90

ex0710 80 95

20

30

Pesticide residues10031009

20

Rice

(Food)

1006

Aflatoxins and Ochratoxin A

5

Pesticide residues1003

5

Cinnamon and cinnamon-tree flowers

(Food – dried spices)

0906

Pesticide

residues10031020

10

Cloves (whole fruit, cloves and stems)

(Food – dried spices)

0907

Pesticide

Residues10031020

10

Nutmeg, mace and cardamoms

(Food – dried spices)

0908

Pesticide

residues10031020

10

Seeds of anise, badian, fennel, coriander, cumin or caraway, juniper berries

(Food – dried spices)

0909

Pesticide

residues10031020

10

Ginger, saffron, turmeric (Curcuma), thyme, bay leaves, curry and other spices

(Food – dried spices)

0910

Pesticide

residues10031020

10

Iran (IR)

Melon seeds

(Food)

1207 70

Aflatoxins

10

Kenya (KE)

Beans (Vignaspp., Phaseolusspp.)

(Food – fresh or chilled)

0708 20

Pesticide residues 1003

10

Peppers of the genus Capsicum (other than sweet)

(Food – fresh, chilled or frozen)

ex0709 60 99

ex0710 80 59

20

20

Pesticide

residues1003

10

Cambodia (KH)

Chinese celery (Apium graveolens )

(Food – fresh or chilled herb)

ex0709 40 00

20

Pesticide residues10031010

50

Yardlong beans

(Vigna unguiculatasubsp.sesquipedalis)

(Food – fresh, chilled or frozen)

ex0708 20 00

ex0710 22 00

10

10

Pesticide residues10031011

50

Lebanon (LB)

Turnips (Brassica rapasubsp. rapa )

(Food – prepared or preserved by vinegar or acetic acid)

ex2001 90 97

11; 19

Rhodamine B

50

Turnips (Brassica rapasubsp. rapa )

(Food – prepared or preserved by brine or citric acid, not frozen)

ex2005 99 80

93

Rhodamine B

50

Madagascar (MG)

Cow peas (Vigna unguiculatasubspp.)

(Food)

0713 35 00

Pesticide

residues1003

10

Groundnuts (peanuts), in shell

(Food and feed)

1202 41 00

Aflatoxins

50

Groundnuts (peanuts), shelled

(Food and feed)

1202 42 00

Peanut butter

(Food and feed)

2008 11 10

Groundnuts (peanuts), otherwise prepared or preserved

(Food and feed)

2008 11 91

2008 11 96

2008 11 98

Groundnut flours and meals

(Food and feed)

ex1208 90 00

20

Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of groundnut oil

(Food and feed)

2305 00 00

Malaysia (MY)

Jackfruit (Artocarpus heterophyllus )

(Food – fresh)

ex0810 90 20

20

...

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