Consultation on the Implementation of the Official Controls Regulation

Overview

Regulation (EU) 2017/625 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 protects – referred to as the Official Controls Regulation (OCR) – is a directly applicable EU regulation and an overarching piece of legislation that sets operational standards for the performance of official controls and other official activities by competent authorities (CAs) across the European Union (EU).

Although the OCR entered into force on 27 April 2017, the main date of application is 14 December 2019. As of that date, the OCR will repeal and replace existing legislation which is integral to the activities of Food Standards Scotland (FSS), as the national CA responsible for the delivery of official food and feed controls in Scotland, and enforcement bodies. This includes Regulation (EC) No 882/2004 regarding official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules and Regulation (EC) No 854/2004 that lays down specific rules for the organisation of  official controls on products of animal origin (POAO) intended for human consumption.

The UK is due to leave the EU on 31 October but uncertainty remains on the outcome around the negotiations between the UK and the EU. However, in the event of a negotiated EU exit with an agreed Implementation Period or a further extension to Article 50, the UK Government and devolved administrations would be legally obligated to implement the OCR on 14 December. In either of these scenarios, to ensure Scottish Ministers meet their EU statutory obligations, secondary legislation in Scotland would be required to provide for the execution and enforcement of the OCR and associated tertiary legislation.

Why your views matter

The purpose of the consultation is to seek stakeholder views and comments in relation to the proposed implementation of the domestic legislation to provide for the execution and enforcement of the OCR in relation to FSS’ areas of responsibility for food and animal feed law and our assessment of the impacts associated with the implementation of the legislation in Scotland.

What happens next

We will summarise all comments received and the official response to each will be published on the FSS website within three months following the end of the consultation period.