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 6; 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 26th March 2007 and ending on 30th March 2008; 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 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 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 Pounds Sterling
Bovine animals
–aged less than 8 months at slaughter	1.7670
–aged 8 months or more at slaughter	3.3788
Solipeds and equidae	3.1099
Pigs
–carcase weight less than 25 kg	0.3534
–carcase weight equal to or greater than 25 kg	0.9189
Sheep and goats
–carcase weight less than 12 kg	0.1237
–carcase weight between 12 and 18 kg inclusive	0.2474
–carcase weight greater than 18 kg	0.3534
Poultry
–all broilers; all cast hens; other poultry weighing less than 2 kg	0.0071
–poultry (not being broilers or cast hens) weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
–poultry (not being broilers or cast hens) being adult and weighing at least 5 kg	0.0282
Duck and geese
–weighing less than 2 kg	0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
–adult and weighing at least 5 kg	0.0282
Turkeys
–any weight (except those which are adult and weigh at least 5 kg)	0.0169
–adult and weighing at least 5 kg	0.0282
Farmed rabbits
–weighing less than 2 kg	0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
–adult and weighing at least 5 kg	0.0282
Small game birds
–weighing less than 2 kg	0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
–adult and weighing at least 5 kg	0.0282
Small ground game
–weighing less than 2 kg	0.0071
–weighing at least 2 kg (except those which are adult and weigh at least 5 kg)	0.0142
–adult and weighing at least 5 kg	0.0282
Ratites	0.9189
Land mammals
–boars	1.0136
–ruminants of carcase weight no more than 18 kg	0.3379
–ruminants of carcase weight greater than 18 kg	0.3534

     5. The standard charge for any accounting period 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 £2.1204 the number of tonnes of such meat.

     6. —(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).

     7. —(1) An operator who does not agree that an additional charge is justified under paragraph 6 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 6(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; and

(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 his decision.

    (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
     8. The time costs generated by any premises in any accounting period shall (subject to paragraphs 9 and 10) 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 11 to 13;

(b) adding the results together; and

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

     9. 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.

     10. 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 that 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 that inspector is paid under that inspector's contract of employment or contract for services,



{/d3} shall be counted as if it were time when the inspector was exercising official controls.

     11. 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.

     12. 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 9) as the Agency considers it proper to apportion to that hourly rate.

     13. The Agency may vary any rate determined pursuant to paragraph 11 where, having regard to variations in the costs referred to in paragraph 12, it appears to it to be necessary to do so.

     14. Prior to determining or varying hourly rates in accordance with paragraphs 11 to 13, the Agency shall consult such operators as are likely to be affected by those rates.

Definitions
     15. 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 the charge for any accounting period that is incurred in relation to a slaughterhouse, game-handling establishment or cutting plant and calculated in accordance with paragraph 3, 4 or 5, as the case may be;

(d) "time costs" means, in relation to any establishment for any accounting period, the costs calculated in accordance with paragraphs 8 to 10; and

(e) any other expression used both in this Schedule and in Regulation 882/2004 has the meaning that it bears in Regulation 882/2004.

(a) require or, in the case of certain types of poultry (e.g. quail) permit, fees to be collected to cover the costs occasioned by official controls performed on meat of domestic ungulates, meat from poultry and lagomorphs, meat of farmed game and meat of wild game under Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (O.J. No. L 139, 30.4.04, p.206); and

(b) require fees to be collected to cover the costs occasioned by official controls performed to verify compliance with the animal welfare rules set out in Council Directive 93/119/EC (O.J. No. L 340, 31.12.93, p.21) in so far as they apply in relation to animals slaughtered for human consumption at slaughterhouses.

These Regulations–

(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 officials 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 Agency on demand (regulation 3);

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

(d) require persons to supply the Agency on demand–


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

(ii) with such evidence as the Agency 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 full regulatory impact assessment of the effect that this instrument will 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