Statutory Instruments of the Scottish Parliament

"accounting period" means a period of less than a year determined by the Agency;

"the Agency" means the Food Standards Agency;

"agreed slaughterhouse staff costs" means, in respect of any slaughterhouse at which poultry or lagomorphs are slaughtered–

(a) the proportion (expressed as a sum of money) of the salaries (including overtime payments and employers' pension and National Insurance contributions) paid to the staff at that slaughterhouse in respect of an accounting period that the Agency and the operator of the slaughterhouse may agree as being attributable to any such staff assisting with official controls by carrying out certain tasks there during that period under Article 5.6 of Regulation 854/2004; plus

(b) 25% of that sum;

"cutting plant" means an establishment which is used for boning and/or cutting up fresh meat for placing on the market and which–

(a) the sum of–


(i) the standard charge incurred in relation to those premises for that period, and

(ii) any additional charge incurred in relation to those premises for that period by virtue of paragraph 7; and



(b) the time costs generated by those premises for that period.

     2. —(1) This paragraph applies where the official controls charge calculated under paragraph 1 for any accounting period (amount A), when added to the official controls charge payable in respect of all earlier accounting periods falling within the same financial period (amount B), produces a total (amount C) which is greater than the amount of the official controls charge which would be payable under paragraph 1 if those accounting periods were one accounting period (amount D).

    (2) Where this paragraph applies, the official controls charge payable by an operator for an accounting period shall be the amount by which amount D exceeds amount B.

    (3) In this paragraph "financial period" means–

(a) the period commencing on 1st January 2007 and ending on 25th March 2007; and

(b) thereafter, the period commencing on the Monday immediately following the last Sunday in March in any year and ending on the last Sunday in March in the following year.

The standard charge
     3. The standard charge for any accounting period (expressed in Euros) payable by the operator of a slaughterhouse shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal by the number of animals of that type slaughtered and/or dressed there in the period.

     4. The standard charge for any accounting period (expressed in Euros) payable by the operator of a game-handling establishment in respect of wild game dressed there during that period shall be calculated by multiplying the rate specified in the following Table applicable to a given type of animal that is categorised as wild game by the number of animals of that type dressed there in the period.

Type of animal	Rate per type of animal in Euros
Bovine animals
• aged 6 weeks or more at slaughter	4.5
• aged less than 6 weeks at slaughter	2.5
Equidae and other solipeds	4.4
Pigs including wild boar
• carcase weight less than 25 kg	0.5
• carcase weight greater than or equal to 25 kg	1.3
Sheep, goats and other ruminants not listed elsewhere in this Table
• carcase weight less than 12 kg	0.175
• carcase weight between 12 and 18 kg inclusive	0.35
• carcase weight greater than 18 kg	0.5
Poultry, rabbits, small game birds and ground game
• all broilers; all cast hens; other poultry, rabbits, small game birds and ground game weighing less than 2 kg	0.01
• poultry (not being broilers or cast hens), rabbits, small game birds and ground game weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.02
• poultry (not being broilers or cast hens), rabbits, small game birds and ground game (all being adult) and weighing at least 5 kg	0.04
Ostriches and other ratites	1.3
Land mammals and birds of a type not mentioned above	1.3

     5. The standard charge for any accounting period (expressed in Euros) payable by the operator of a cutting plant or of a game-handling establishment in respect of meat brought into the plant or establishment during that period for the purposes of being cut up or boned there shall be calculated by multiplying by 3 the number of tonnes of such meat.

     6. The standard charge (expressed in Euros) shall be converted into sterling by multiplying it by the Euro / sterling conversion rate applicable in the year in which the official controls giving rise to the charge were carried out.

     7. —(1) Where in respect of an accounting period the Agency incurs increased costs because of inefficiency in the operation of premises, it may, in accordance with this paragraph, add an additional charge to the standard charge incurred in relation to the premises for that period.

    (2) The additional charge shall be a sum equal to the time costs generated by the inefficiency for the accounting period concerned.

    (3) The Agency may not make an additional charge in accordance with this paragraph unless it has notified the operator of its intention to do so.

    (4) The notification referred to in sub paragraph (3) shall be given as soon as is practicable after the Agency has concluded that it wishes to make an additional charge in accordance with this paragraph.

    (5) For the purposes of this paragraph "inefficiency" means inefficiency on the part of the operator and shall include in particular–

(a) delay in the start of slaughtering attributable to the operator;

(b) mechanical breakdown caused by lack of maintenance;

(c) enforcement action taken by the Agency or an official;

(d) under-employment of inspectors caused by the operator's failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub paragraph (6);

(e) insufficient provision of slaughter staff caused by the operator's failure to adhere to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub paragraph (6);

(f) delays caused by risks to the health or safety of inspectors attributable to the operator; and

(g) any change to the working hours or working practices agreed for the purposes of this paragraph pursuant to sub paragraph (6) which is attributable to the operator.

    (6) For the purposes of sub paragraph (5)(d), (e) and (g), the Agency and the operator shall agree working hours and working practices and shall keep the working hours and working practices so agreed under review.

    (7) Where, following any such review, it appears to the Agency and the operator that it is appropriate to do so, they may by further agreement vary any working hours or working practices agreed pursuant to sub paragraph (6).

    (8) Where any working hours or working practices have been varied pursuant to sub paragraph (7) they shall be treated as having been agreed pursuant to sub paragraph (6).

    (9) No additional charge may be made in accordance with this paragraph in respect of any increased costs incurred because of any variation in working hours or working practices which does not alter the working hours or working practices which have been agreed in accordance with sub paragraph (6).

     8. —(1) An operator who does not agree that an additional charge is justified under paragraph 7 may request that the question be determined by a person nominated for the purpose pursuant to sub paragraph (3)(a).

    (2) A request under sub paragraph (1) shall be made within 1 week of the Agency giving the operator notice under paragraph 7(3).

    (3) Where an operator makes a request under sub paragraph (1)–

(a) the Agency shall nominate a person to determine the question from the list established under sub paragraph (4);

(b) the person so nominated shall give the operator and the Agency an opportunity to make representations on the question to be determined;

(c) the person so nominated shall, within 1 month of being nominated, decide whether an additional charge is payable and shall notify the operator and the Agency of that decision;

(d) the decision notified under sub paragraph (c) shall be binding on the operator and the Agency; and

(e) the Agency shall give effect to the decision so notified.

    (4) The Agency shall establish and maintain a list of people who may be nominated for the purposes of this paragraph and shall consult those organisations appearing to represent operators before including any person on the list.

Time costs
     9. The time costs generated by any premises in any accounting period shall (subject to paragraphs 10 and 11) be calculated by–

(a) multiplying the time (expressed in hours and fractions of an hour) spent by each inspector exercising official controls at those premises in the period by the hourly rate applicable to that inspector determined or varied in accordance with paragraphs 12 to 14;

(b) adding the results together; and

(c) adding any agreed slaughterhouse staff costs for the period.

     10. The time costs in respect of any official controls shall include any overtime payments or other similar allowances made to the inspector concerned under that inspector's contract of employment or contract for services for exercising those official controls.

     11. In determining the total time spent in exercising official controls, any time spent by an inspector–

(a) in travelling to or from premises at which that inspector exercises official controls and for which that inspector is paid under a contract of employment or contract for services;

(b) at any premises to which that inspector has gone for the purpose of exercising official controls and for which that inspector is paid under a contract of employment or contract for services (regardless of whether or not the inspector is able to exercise official controls there); and

(c) at any other place–


(i) when that inspector is available for exercising official controls but is not in fact exercising any such controls; and

(ii) for which the inspector is paid under a contract of employment or contract for services,



shall be counted as if it was time when the inspector was exercising official controls.

     12. The Agency shall determine the hourly rate applicable to inspectors and may determine different rates for different inspectors or different classes of inspector, having regard to the level of qualifications and experience of different inspectors or classes of inspector and to the cost of exercising official controls by different inspectors or classes of inspector.

     13. The hourly rate for any inspector or class of inspector shall be calculated so as to reflect such proportion of the costs of the items listed in Annex VI to Regulation 882/2004 incurred by that inspector or class of inspector in exercising official controls (excluding any additional costs taken into account pursuant to paragraph 10) as the Agency considers it proper to apportion to that hourly rate.

     14. The Agency may vary any rate determined pursuant to paragraph 12 where, having regard to variations in the costs referred to in paragraph 13, it appears to it to be necessary to do so.

     15. Prior to determining or varying hourly rates in accordance with paragraphs 12 to 14, the Agency shall consult such operators as are likely to be affected by those rates.

Definitions
     16. In this Schedule–

(a) "official auxiliary" and "official veterinarian" have the meanings respectively given to them in Article 2.1(h) and (f) of Regulation 854/2004;

(b) "inspector" means an official veterinarian or an official auxiliary;

(c) "the standard charge" means, in relation to any slaughterhouse, game handling establishment or cutting plant for any accounting period, the charge calculated in accordance with paragraph 3, 4 or 5, as the case may be, converted into sterling in accordance with paragraph 6;

(d) "the Euro / sterling conversion rate" applicable in respect of any given year shall be–


(i) for 2007, 1 Euro = £0.67410; and

(ii) in each subsequent year, the rate published in the C Series of the Official Journal of the European Communities on the first working day of the September of the preceding year or, if no rate is published in it on that day, the first rate published in it thereafter; and



(e) "time costs" means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 9 to 11.

(a) require the Agency to notify the operator of each slaughterhouse, game-handling establishment and cutting plant in which official controls have been exercised of the official controls charge that has arisen in relation to those official controls (the terms "slaughterhouse", "game-handling establishment", "cutting plant", "official controls" and "official controls charge" are all defined in regulation 2) (regulation 3);

(b) provide that any official controls charge so notified is payable by the operator to the Scottish Ministers on demand or to the Agency on their behalf (regulation 3);

(c) allow the Scottish Ministers to direct the Agency to refuse to exercise any further official controls at given premises where, despite a decree requiring the operator of the premises to pay the official controls charge for which that operator is liable, the operator fails to comply with the decree (regulation 4);

(d) require persons–


(i) to supply the Agency on demand with such information as it may reasonably require for the purpose of calculating the official controls charge or notifying the operator of it, and

(ii) to supply the Agency on demand with such evidence as it may reasonably require to verify that information (regulation 5);



(e) provide that a person who–



(i) in response to a demand for information or evidence, knowingly or recklessly furnishes false or misleading information, or

(ii) without reasonable excuse, fails to comply within a reasonable time with a demand for information or evidence,



is guilty of an offence (regulation 5).

Schedule 2 to these Regulations sets out how the official controls charge is to be calculated.

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 has been placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.