Food and feed law (SMR 4)

Date published: 1 January, 2015

The aim of these rules is to ensure the safe production of food for human consumption and food or feed that is fed to food-producing animals.

You must:

Food and feed safety, withdrawal and recall:

1. arrange for unsafe food or unsafe feed to be withdrawn from the market if you believe you have supplied it, and inform both your local authority and Food Standards Scotland (FSS)

2. destroy any unsafe feed unless the competent authority tells you not to do so

3. tell consumers of food, or the users of the feed, of the reason for any withdrawal if it may have reached them

4. arrange for unsafe food or unsafe feed to be recalled if there is no other way of achieving a sufficiently high level of health protection

5. immediately tell both your local authority and the FSS if food which you have supplied, or is in your possession and you intend to sell, could be harmful to health and of the actions you have taken to prevent risks to the final consumer. In the case of feedstuffs containing veterinary medicinal products (medicated feedstuffs) and / or specified feed additives (coccidiostats or histomonostats) at levels greater than their prescribed or authorised levels, or feedstuffs which are contaminated with such products, which may be harmful to health, the Veterinary Medicines Directorate (VMD) should also be informed

Traceability

6. put in place systems and procedures for the traceability of inputs (for example food, feed, food-producing animals and any other substance intended or expected to be incorporated into a feed) to your farm, which identify:

the name and address of your supplier
the type and quantity of inputs that were supplied to you
the date of the delivery of these inputs to your farm

7. put in place systems and procedures for the traceability of products when they leave your farm, which identify:

the name and address of the businesses you supplied
the nature and quantity of the products that were supplied to those businesses
the date on which the products left your farm

8. store this information in a format which is readily available and produce it when requested

Hygiene of foodstuffs and feed hygiene

9. store and handle waste and hazardous substances (any substances that have the potential to cause an adverse effect on human health or animal health) separately and securely, in order to prevent contamination of your food products or feed products

10. take account of the results of any relevant analysis carried out on samples taken from primary products or other samples relevant to feed safety

11. store feed away from chemicals or any other products banned for use as animal feed

12. keep storage areas and containers clean and dry and implement appropriate pest-control measures where necessary. Take particular care when cleaning storage areas and containers which are used to contain medicated and non-medicated feed

13. store seed properly and in such a way that it is not accessible to animals

14. handle medicated and non-medicated feeds separately to prevent cross-contamination and store medicated feeds in such a way so they can’t be fed by mistake to animals for which they’re not intended

15. make sure the on-farm feed distribution system sends the right feed to the right destination. During distribution and feeding, feed must be handled in such a way as to ensure that contamination does not occur from contaminated storage areas and equipment

16. periodically clean on-farm feed transport vehicles and feeding equipment, in particular when used to deliver and distribute medicated feed

17. use feed additives, veterinary medicinal products and biocides correctly (if you use them on your farm) with dosage, application and storage as stated on the label or as prescribed. This includes making sure that food you produce does not contain residues of pesticides or veterinary medicinal products that are higher than the permitted maximum residue level for the pesticide used or the maximum residue limit for the medicine used

18. take adequate measures to prevent the introduction and spread of contagious diseases transmissible to humans through food such as abiding by the statutory herd testing for bovine tuberculosis (TB). This means carrying out all TB tests (for example routine tests, inconclusive reactor tests, tracing tests, etc) within the relevant timescales

19. source and use feed, for food-producing animals, from establishments that are registered or approved by your local authority. In the case of feed containing specified feed additives, source the feeding stuffs from establishments that are approved by the Veterinary Medicines Directorate

20. take appropriate remedial action when informed of problems identified during official controls

21. keep up-to-date records on all of the following, if they are relevant to your business and make them available on request to an inspector:

veterinary medicinal products, or other treatments, given to your animals (including the dates of the treatment and the withdrawal period)
the use of plant protection products and biocides
the results of any analyses carried out on samples taken from food-producing animals, plants, animal feed or other samples taken for diagnostic purposes that have importance for human and animal health
any relevant reports on checks carried out on animals or products of animal origin
any use of genetically modified seeds in feed production

If you are a producer of raw milk (from any species), or handle raw milk or produce colostrum, the following extra rules apply:

22. make sure that raw milk and colostrum comes from animals that:

are in a good general state of health
show no sign of disease that might result in the contamination of milk or colostrum. In particular, not suffering from any infection of the genital tract with discharge, enteritis with diarrhoea and fever, or a recognisable inflammation of the udder
do not have any udder wound likely to affect the milk or colostrum
are not within the prescribed withdrawal period following the administration of authorised products or substances
have not been given any unauthorised substances or products

23. make sure that:

raw milk and colostrum comes from animals belonging to herds/holdings which have disease-free status for tuberculosis and brucellosis
if your herd or holding is not disease-free you may sell raw milk from your non-reactor animals if you are selling to a wholesaler who will heat treat the milk before marketing it for human consumption, or the raw milk is from sheep or goats and is intended to be made into cheese that has a maturation period of at least two months
make sure that raw milk and colostrum from any animal not complying with these requirements is not placed on the market for human consumption

24. effectively isolate animals that are infected, or suspected of being infected, with brucellosis or tuberculosis so that there is no adverse effect on other animals’ milk

25. make sure that milking equipment and the premises where raw milk and colostrum are stored, handled or cooled are located and constructed to limit the risk of contamination of milk and colostrum

26. make sure that premises used for the storage of raw milk and colostrum:

are protected against vermin, including birds and birds’ nests, and adequately separated from premises where animals are housed
have suitable refrigeration equipment in order to meet the post-milking cooling rules

27. make sure the surfaces of equipment that come into contact with raw milk or colostrum are easy to clean and disinfect (where this is necessary)

28. clean (and disinfect where necessary) the surfaces of equipment that come into contact with raw milk or colostrum after each use, and maintain in a sound condition

29. carry out milking hygienically, especially making sure that:

before milking starts the teats, udder and adjacent parts are clean
you satisfactorily identify animals undergoing any medical treatment which is likely to transfer residues to the milk or colostrum
raw milk or colostrum from any animals that are still within the withdrawal period after receiving medication is not used for human consumption

30. hold raw milk in a clean place, designed and equipped to avoid contamination, immediately after milking. The milk must be cooled immediately to:

not more than 8°C if it is collected daily
not more than 6°C if it is not collected daily

You will not break the rule to cool raw milk immediately after milking if the milk is going to be processed within two hours of milking or you have received permission from the competent authority because of the dairy products that will be made from this milk.

31. hold colostrum in a clean place, designed and equipped to avoid contamination, immediately after milking. Colostrum must be stored separately and be cooled immediately to: