The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Amendment (Scotland) Regulations 2000

Scottish Statutory Instruments

2000 No. 214

FOOD

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Amendment (Scotland) Regulations 2000

Made

14th June 2000

Laid before the Scottish Parliament

27th June 2000

Coming into force

1st July 2002

The Scottish Ministers in exercise of the powers conferred on them by sections 6(4), 16(1), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1), and all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)(2) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) of that Act with such organisations as appear to them to be representative of interests likely to be substantially affected by the Regulations, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Amendment (Scotland) Regulations 2000 and shall come into force on 1st July 2002.

(2) These Regulations extend to Scotland only.

Amendment of previous Regulations in relation to Scotland

2.  The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997(3), shall be amended–

(a) by the insertion, at the end of the definition of “the Directive” in paragraph (2) of regulation 1 (title, commencement and interpretation), of the words “and by Commission Directive 1999/39/EC(4)”; and

(b) in regulation 5 (manufacture and composition of processed cereal-based foods and baby foods)–

(i) by the deletion of the word “or” at the end of paragraph (c)(ii); and

(ii) by the insertion, at the end of paragraph (d), of the word “; or” followed by the following paragraph–

“(e) which–

(i) if it is manufactured as ready for consumption, contains, and

(ii) if it is not so manufactured, would, if reconstituted according to its instructions, contain,

residues of any individual pesticide at a level exceeding 0.01mg/kg.”.

SUSAN C DEACON

A Member of the Scottish Executive

St Andrew’s House,

Edinburgh

14th June 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations which apply to Scotland only amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 in implementation of Commission Directive 1999/39/EC amending Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children.

The Regulations extend the prohibitions on manufacture and sale in the 1997 Regulations to food of that nature containing individual pesticide residues above a level of 0.01 mg/kg, measured when ready for use or when reconstituted according to manufacturer’s instructions (regulation 2(b)), and bring the reference to the 1996 Directive up to date (regulation 2(a)).

(1)

1990 c. 16; section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and by paragraph 10(3) of Schedule 5 to the Food Standards Act 1999 (c. 28). Sections 16(1) and 48(1) were amended by the Food Standards Act 1999 Schedule 5, paragraph 8; section 17(1) was amended by paragraphs 8 and 12 of Schedule 5. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.

(3)

S.I. 1997/2042, amended by S.I. 1999/275.

(4)

O.J. No. L124, 18.5.1999, p.8.