14. Annex 1
Table 1. Commodities and activities that require approval
Product |
Relevant Annex of 853/2004 |
Establishment Type |
Operation for which establishment may be approved |
CA |
|---|---|---|---|---|
Red Meat |
Annex III, Section I | Abattoir | Slaughter of Domestic Ungulates | FSS |
| Cutting Plant | Red Meat Cutting | FSS | ||
Poultry and Lagomorphs |
Annex III, Section II | Abattoir | Slaughter of Poultry and Lagomorphs | FSS |
| Cutting Plant | Cutting of Poultry and Lagomorphs | FSS | ||
| Farmed Game | Annex III, Section III | Abattoir | Slaughter of Farmed Game | FSS |
Wild Game | Annex III, Section IV | Game Handling Establishment | Processing of Wild Game | FSS |
Minced meat, meat preparations and mechanically separated meat |
Annex III, Section V |
Processing Plant |
Producing minced meat, meat preparations and mechanically separated meat | LA (FSS if co-located with Slaughter or Cutting) |
Meat products | Annex III, Section VI |
Processing Plant |
Production of meat products | LA (FSS if co-located with Slaughter or Cutting) |
Live Bivalve Molluscs
|
Annex III, Section VII
|
Dispatch Centre | Reception, conditioning, washing, cleaning, grading, wrapping and packaging of LBMs |
LA |
Purification Centre |
Purification of LBMs in tanks fed by clean seawater for the time necessary to reduce contamination to make them fit for human consumption |
LA | ||
Fishery products |
Annex III, Section VIII |
Factory vessel | Filleting, slicing, skinning, shelling, shucking, mincing or processing of fishery products on board |
LA |
Freezing vessel |
Freezing of fishery products after bleeding, heading, gutting, and removal of fins and, where necessary, followed by wrapping or packaging. |
LA | ||
Processing Plant |
Processing of fishery products |
LA | ||
| Fresh fishery products Plant | Handling of unprocessed fishery products that have not undergone any treatment to ensure preservation other than chilling |
LA | ||
Auction hall
| Storing and displaying of fishery products for auction sale |
LA | ||
Raw Milk & Dairy Products |
Annex III, Section IX | Collection centre | Collection of raw milk where it is cooled and filtered | LA |
Processing Plant | Treating, processing and/or wrapping of dairy products (milk or any milk- based product) |
LA | ||
Eggs and Egg Products |
Annex III, Section X |
Packing Centre |
Packing and grading of eggs by quality and weight | LA |
Processing Plant |
Processing of egg products | LA | ||
Liquid egg plant | Handling of unprocessed egg contents after removal of shell | LA | ||
| Frogs Legs and Snails | Annex III, Section XI | Processing Plant | Slaughter and Processing | LA |
Rendered animal fats and greaves | Annex III, Section XII |
Storage | Intermediate storage of rendered animal fats and greaves | LA (FSS if co-located with Slaughter or Cutting) |
Treated stomachs, bladders and intestines (Processing Plant) |
Annex III, Section XIII |
Processing Plant |
Processing of treated stomachs, bladders and intestines |
LA (FSS if co-located with Slaughter or Cutting) |
Gelatine |
Annex III, Section XIV | Processing Plant | Processing of gelatine | LA (FSS if co-located with Slaughter or Cutting) |
| Collection Centre / Tannery | Authorisation - not approval | LA (FSS if co-located with Slaughter or Cutting) | ||
Collagen |
Annex III, Section XV | Processing Plant | Processing of collagen | LA (FSS if co-located with Slaughter or Cutting) |
| Collection Centre / Tannery | Authorisation - not approval | LA (FSS if co-located with Slaughter or Cutting) | ||
| Highly Refined Products | Annex III, Section XVI | Processing Plant | Production and processing of highly refined POAO | LA |
General POAO |
N/A |
Cold store |
Storage of products of animal origin | LA (FSS if co-located with Slaughter or Cutting) |
General POAO |
N/A |
Wholesale Market | Establishment that includes separate sub-units operating independently as food business, but sharing common facilities |
LA |
General POAO | N/A | Re-wrapping and re-packaging Establishment | Re-wrapping and re-packaging of products of animal origin | LA (FSS if co-located with Slaughter or Cutting) |
General POAO |
N/A | Re- packaging Establishment | Re-packaging of products of animal origin | LA (FSS if co-located with Slaughter or Cutting) |
| General POAO | N/A | Reefer Vessel | Storage of products of animal origin | LA |
Table 2. Maximum amounts considered as small quantities for individual products of animal origin.
Products |
Maximum amounts |
|---|---|
| Milk | Not applicable in Scotland |
| Eggs | Less than 360 eggs (i.e. less than one full case) per week. Note: This exemption only applies to the producer supplying directly to the final consumer from the farm and farmers markets and door to door. If the producer sells the eggs, to other food businesses (e.g. local shops, restaurants or bakeries etc.), they must first be graded as Class A; and, therefore, the establishment must be approved and authorised as a packing centre for activity unless they meet the exemption in Regulation (EC) 853/2004, Article 5 (b) (ii). |
| Fishery products | Up to 25 tonnes in a calendar year |
Live Bivalve Molluscs | Up to 25 tonnes in a calendar year, but subject to maximum limits for individual species as set out below:
|
Table 3 Situations where a change in FBO, between different business entities, requires a new approval or where the approval can be retained are detailed below.
| Existing FBO (as per approval documentation) | Change of FBO (in each case assuming no other changes to the business) | Approval status | Comments | Re- approval required |
|---|---|---|---|---|
| Sole trader, Partnership or incorporated company (e.g. Ltd, PLC, etc.) | Different sole trader, partnership or incorporated company takes over. | Expires | Discontinuation of operator/s | Yes |
| Limited Company | Company take over or buy-out. Limited Company remains the same.
| Retained | Continuation of operator | No |
| Sole trader or Partnership | Company incorporated (and registered), Sole trader or partner/s becomes Director/s | Expires | Creation of a Company so the company is responsible not the individual/s | Yes |
| Sole trader | Creation of a partnership where the sole trader is one of the partners | Retained | Continuation of operator | No |
| Partnership | Dissolved and one of the partners takes over sole ownership and becomes a sole trader | Retained | Continuation of operator | No |
| Partnership | New partner joins or a partner leaves (also refer to dissolved partnership) as long as there is a continuation of at least one partner | Retained | Continuation of operator/s | No |
| Incorporated company | Company goes into administration and is being run as a going concern by the administrators. | Retained | Continuation of operator/s | No |
| Incorporated company in administration | Company taken over from administrators by a different sole trader, partnership or incorporated company | Expires | Discontinuation of operator/s | Yes |
| Sole trader, Partnership or Incorporated company | Bankruptcy, insolvency or in liquidation (wound up / dissolved) | Expires | Discontinuation of operator/s, approval expires | N/A |
Other business types such as cooperatives, registered charities and other specialised types of organisations will need to be treated on a case by case basis to identify the change in natural person or legal person required to be compliant with food law within the food business under their control. When unsure the CA should seek legal advice.
Table 4: Enforcement Responsibilities at FSS Approved Establishments.
Enforcement Responsibilities at FSS Approved Establishments
| |||
| Local Authority | Food Standards Scotland | Comments | |
| Approval Process | |||
| Regulation (EC)853/2004 | Regulation 5 (2) of Food Hygiene (Scotland) Regulations 2006 | ||
| Hygiene Regulations | |||
Regulation 852/2004 Regulation 853/2004 Regulation 2073/2005 Regulation 2015/1375 Regulation 2019/624 Regulation 2017/625 Regulation 2019/625 Regulation 2019/627 Regulation (EC)m2019/628
| Regulation 5 (2) of Food Hygiene (Scotland) Regulations 2006 | ||
| Sampling | |||
| Microbiological criteria | Regulation (EC) 2073/2005 | ||
| Contaminants in Food | Enforced by Food Authority as defined in Section 5(2) of Food Safety Act 1990 | ||
| Traceability | |||
| Regulation (EC) 178/2002 | See Regulations 3 and 6 of General Food Regulations 2004 | ||
| Regulation (EU) 931/2011 | Commission Implementing Regulation (EU) No 931/2011 of 19 September 2011 on the traceability requirements set by Regulation (EC) No 178/2002 | ||
| Food Information | |||
| Food Information (Scotland) Regulations 2014 | Enforced by Food Authority as defined in Section 5(2) of Food Safety Act 1990 | ||
| Country of Origin | The Country Of Origin Of Certain Meats (Scotland) Regulations 2016 Regulation (EU) 1169/2011 Commission Implementing Regulation (EU) No. 1337/2013 | ||
Identification Mark/Health Mark
| Regulation (EC) 853/2004 | ||
| Beef and Veal Labelling | Enforced by Scottish Government | ||
| Composition | |||
Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations
| Enforced by Food Authority as defined in Section 5(2) of Food Safety Act 1990 | ||
| Material in contact with Food | |||
Materials and Articles in Contact with Food
| Enforced by Food Authority as defined in Section 5(2) of Food Safety Act 1990 | ||
| Waste | |||
| Waste – ABP in slaughterhouses, AGHEs and cutting plants | The Animal By-Products (Enforcement) (Scotland) Regulations 2013; Regulation (EC) 1069/2009 | ||
| TSE | |||
| TSE controls in slaughterhouses and cutting plants | The Transmissible Spongiform Encephalopathies (Scotland) Regulations 2010
Regulation (EC) 999/2001 | ||
| Animal Welfare | |||
| Welfare of animals at the time of killing | The Welfare Of Animals At The Time Of Killing (Scotland) Regulations 2012 Regulation (EC) 1099/2009 The Mandatory Use of Closed Circuit Television in Slaughterhouses (Scotland) Regulations 2020 | ||