Sheep carcase classification in Scotland

Inspections, compliance, enforcement

What to expect during an inspection

Slaughterhouses will receive unannounced visits from Scottish Government inspectors. This is to check that your abattoir is complying with the regulations.

What the inspector will do

The checks the inspector may carry out include:

• re-weighing carcases
• checking carcases are dressed in-line with a recognised specification
• checking carcases are correctly classified, and the classification is recorded
• checking your reported deadweight price information, if applicable
• making sure the labels are accurate
• making sure all records are accurate and are kept for the specified time
• making sure you are notifying carcase suppliers correctly
• checking the classifiers’ licences

If the inspector finds any cause for concern with compliance, they may undertake follow-up visits. They can take action against you for not complying with the regulations.

What you must do

Slaughterhouse operators must:

• give Scottish Government inspectors all reasonable assistance and information they need to carry out the inspection
• make sure records are kept for 12 months from the end of the calendar year they relate to
• make documents and records available for inspection
• not deny entry to your premises for an inspection
• not intentionally obstruct an inspector, including by giving false or misleading information

If you breach the regulations

Where the Scottish Government inspectors have cause for concern relating to your compliance, they may discuss this with you and record this in their inspection report. The report would then be shared with you within 14 days.

If the Scottish Government inspectors consider there to be a breach of the regulations, they may issue you a compliance notice.

A compliance notice will:

• say why an inspector believes a breach has taken place
• advise what steps should be taken to rectify the breach

If a compliance notice is to be issued, the Scottish Government aims to do so within 14 days of finishing the inspection.

On issuing the notice, there is then a period of not less than 14 days within which action must be taken, including contacting inspectors to discuss should you have any questions. The date by which the breach must be rectified will be clearly stated within the notice.

Appealing against compliance notices

A compliance notice will also detail your right of appeal against a notice. This will outline that an appeal can be made on the grounds:

• that the decision was based on an error of fact;
• that the decision was wrong in law;
• that there has been a material procedural error

The compliance notice will outline the period of time in which the person on whom a compliance notice is served may appeal against it to the sheriff. This must not be less than 28 days.

The sheriff then may take a number of actions, including but not limited to: upholding the notice; varying the notice; or revoking the notice.

If an appeal is made the operation of a compliance notice is suspended pending the outcome of the appeal.

Punishment of offences

If a person is found to have committed an offence, either through not taking action following a compliance notice or by obstructing an authorised officer, they are liable on summary conviction to a fine not exceeding level five on the standard scale.

Reporting to other enforcement bodies

Inspectors may find potential breaches or offences which are outside of the Scottish Government inspectors’ remit. In these cases, the inspectors may forward information to Food Standards Scotland (FSS) or other enforcement bodies, as appropriate.