Subordinate Legislation Committee, 11 Sep 2001
Meeting date: Tuesday, September 11, 2001
Official Report
118KB pdf
Processed Animal Protein (Scotland) Regulations 2001 (SSI 2001/276)
After that excitement, we move to the animal protein regulations. We asked the Executive for an explanation of three points. A mistake in the drafting appears to suggest that feedingstuff for animals for human consumption must be produced in the same premises as feedingstuff for pets. That is obviously not the intended effect of the regulations. Members will be pleased to hear that the Executive has agreed to amend the regulations as soon as possible.
The committee might wish to consider drawing regulation 12(1) to the attention of the lead committee. The regulation is defectively drafted, it might be ultra vires and it raises a devolution issue in that it fails properly to implement Article 2 of Council decision 2001/9/EC, which is acknowledged by the Executive.
We discussed the right of appeal of someone who, under the regulations, would lose part of their business if they had prepared the different types of feedingstuff in the same premises. Members might want to draw to the attention of the lead committee the question of whether that is a gap in the regulations.
Members might also want to draw the defective drafting of regulation 10(3)(d) to the lead committee. The repetition of the words "of the place of destination" does not add to the regulation. Do members agree to those suggestions?
Members indicated agreement.