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That option is still open. However, we are adding the additional option that they can be sold as defrosted so that there is not an impact on retailers and their ability to store and then sell those products.

I thank the committee for inviting me to speak about the regulations, which allow the marketing of certain poultry meat in defrosted condition for a temporary period between 28 November to 31 December.

Regulation 1308/2013—the single common market organisation, or CMO, regulation—makes provision about poultry meat marketing standards. In particular, it stipulates that

“Poultrymeat and poultrymeat preparations shall be marketed in”

only

“fresh ... frozen”

or

“quick-frozen”

condition, and part 1 of schedule 1 to the Poultrymeat (Scotland) Regulations 2011 states that contravention of that requirement is an offence.

Due to the current threat from avian influenza, some retailers, as well as the larger turkey processors—which, together, account for about 90 per cent of poultry meat production—contacted the Department for Environment, Food and Rural Affairs to request temporary approval for poultry meat to be frozen and then sold as a defrosted product. The United Kingdom and Welsh Governments have indicated that that will be permitted during the period from 28 November to 31 December.

The Scottish Government sought the views of the Scottish industry, and we wish to address the threat of market disturbance to the poultry meat sector by permitting that in Scotland, too. The instrument therefore temporarily amends the single CMO regulation and the Poultrymeat (Scotland) Regulations 2011 to allow certain poultry meat to be marketed as defrosted. In Scotland, that will not only safeguard domestic supply; it will be of assistance to the industry in mitigating potential loss of income due to any large AI outbreak.

It is important to note that the change does not represent a food safety risk. Under the food information to consumers regulation, any defrosted poultry meat must comply with the labelling regulations, which require that

“the name of the food shall be accompanied by the designation ‘defrosted’”

on the label.

Of course, the marketing of poultry meat as defrosted is not mandatory, as poultry meat can still be marketed as fresh, frozen or quick-frozen during the period. However, those in the industry will be given the option to sell defrosted poultry meat if they so wish.

A full public consultation has not taken place due to the urgent need to temporarily amend the legislation. However, we contacted those in the industry to inform them of the proposal, and we invited comments about it. We received one positive comment and no negative comments. We have also liaised with Food Standards Scotland, which has informed enforcement authorities on behalf of the Scottish Government.

I hope that the information that I have provided to the committee is helpful in setting out the rationale for the instrument. I am happy to take any questions that committee members might have.

I will ask my officials whether we have up-to-date information on that.

We have had discussions with Food Standards Scotland to ensure that no public health risk would be associated with the approach. Generally, the advice would be to follow what is on the label. The labelling element is critically important in making things clear. The advice would be to prepare poultry in line with what is set out on the label.

The commercial freezing and defrosting process is different from what people would do at home, and it is important that people follow the label instructions. Generally, if a product has been defrosted, it would be recommended that it is stored and chilled before it is prepared rather than refrozen.

The advice is to follow the instructions on the label. That is why it is really important to show clearly that the poultry has been defrosted.

They are being sold only as defrosted. More birds could potentially be frozen—that could be an option—but we have taken the decision and gone ahead with it because retailers cannot stock more frozen products. They are already selling birds as defrosted, if that makes sense.

On enforcement, we can see what has happened across the rest of GB. Local authorities have been asked not to enforce the regulations as they are, whereas, in Scotland, we have changed the legislation. We would simply be enforcing in the normal way.

We are not looking to do that at the moment. We intend the approach to be for only the stated period of time, given the nature of the outbreaks that we have seen.

To put things in context, at this time last year, we had not seen any cases. The circumstances are therefore very particular. We will, of course, potentially consider the matter again in the future, but, given the urgency of the situation and to prevent market disturbance, we have set out the approach for that period of time.

Absolutely. Obviously, the regulations will be in place for only a short period of time. Ultimately, we have to make decisions that are in the best interests of the industry and producers in Scotland. That is why we have introduced the regulations. The approach is in line with what is happening across Great Britain at the moment.

As far as I am aware, you are right: the EU is not introducing similar regulations. However, we know that AI impacts not only Scotland and the United Kingdom; it impacts other countries, too. I believe that there were trade reasons why defrosted meat was not permitted to be sold in that way. I do not know whether the officials have any other information on why we have set that out in regulations.

We reiterated those concerns right through the passage of that legislation. It is frustrating that none of those concerns were ever addressed and that the bill was not amended in a way that would have resolved them. I know that officials are working together on the guidance and the act’s practical implications, and I understand that those conversations are on-going, but it is, as I have previously outlined to the committee, one of our biggest concerns.

That is set out in some of the frameworks, which recognise how that could be dealt with and which also set out the trade-specific engagement fora that there are. Again, it might be helpful to have an illustrative example. We have been through the process with some free trade agreements. I will hand over to George Burgess, who can give a bit more detail of that.