Scottish Statutory Instruments
2009 No. 215
FOOD
The Contaminants in Food (Scotland) Regulations 2009
Made
3rd June 2009
Laid before the Scottish Parliament
4th June 2009
Coming into force
1st July 2009
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1)(a) and (3), and 48(1) of the Food Safety Act 1990(1) and paragraph 1A of Schedule 2 to the European Communities Act 1972(2) and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the Annex to Commission Regulation (EC) No. 1881/2006(3) as specified in regulation 2(4) to be construed as references to that Annex as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, they have had regard to relevant advice given by the Food Standards Agency(4).
There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(5)
1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1) and 48(1) were amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), section 40(1) and Schedule 5, paragraph 8; section 17(2) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, section 40(4) and Schedule 6; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C), inserted by S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall be taken as pre commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
1972 c. 68, Schedule 2. Paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 c. 51.
O.J. No. L 364, 20.12.06, p.5, as amended by Commission Regulation (EC) No. 1126/2007 setting maximum levels for certain contaminants in foodstuffs as regards Fusarium toxins in maize and maize products, O.J. No. L 255, 29.9.07, p.14, and by Commission Regulation (EC) No. 565/2008 O.J. L 160, 19.6.08, p.20, and by Commission Regulation (EC) No. 629/2008 O.J. No. L 173, 3.7.08, p.6.
Section 48(4A) was inserted by the 1999 Act, section 40(1) and Schedule 5, paragraph 21.
O.J. No. L 31, 1.2.02, p.1, as amended by Regulation (EC) No. 1642/2003 (O.J. No. L 245, 29.9.03, p.4) and Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.06, p.3) and by Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.08, p.17).