1. Introduction
1.1. The Aim of this document is to support Local Authorities (LAs) and Food Standards Scotland (FSS) with a consistent set of working principles for the Approval of establishments under Regulation (EC) 853/2004. The objectives are to provide guidance on the legal framework of Approvals and to consider and advise upon various scenarios that have been raised by Enforcement Authorities and industry.
1.2. This guidance does not constitute legal advice and should not be taken as an authoritative statement or interpretation of the law, as only the courts have this power. Where appropriate the enforcing authority should seek their own legal advice.
1.3. Responsibility for the approval and enforcement in establishments approved under Regulation (EC) 853/2004 in Scotland is specified within the Food Hygiene (Scotland) Regulations 2006 (as amended). In general terms, LAs are responsible for all food establishments except those where an Official Veterinarian is required i.e. slaughterhouses, game handling establishments and cutting plants which fall to FSS.
1.4. This document is intended for the general guidance of LAs and FSS Operational Delivery who are designated as the Competent Authorities (CAs) for the purposes of Approved Establishments. Neither FSS nor the Approved Establishments Working Group (AEWG) can guide on every Approval scenario in detail, and it is emphasised that the purpose of this document is to provide general guidance. Feedback on this document, including suggestions for additional content or clarification to be considered in the next review, would be welcomed and can be provided to FSS at enforcement@FSS.scot.
1.5. The AEWG is formally acknowledged for its significant contributions to the development and review of this guidance. Its expertise and collaborative efforts have been instrumental in ensuring the quality and relevance of the final document.