The Contaminants in Food (Scotland) Regulations 2009

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and re enact with changes the Contaminants in Food (Scotland) Regulations 2007 (“the 2007 Regulations”). They make provision for the execution and enforcement of Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs (O.J. No. L 364, 20.12.06, p.5) (“the Commission Regulation”), and of Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of these substances in non-target food. (O.J. No. L 40, 11.2.09, p.7.) (“Regulation 124/2009”).

Regulation 3 provides that it is an offence (except in certain cases relating to food placed on the market before a date given in specified Community legislation)–

(a) to place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation or Regulation 124/2009 at levels exceeding those specified;

(b) to use food containing such contaminants at such levels as ingredients in the production of certain foods;

(c) to mix foods that do not comply with the maximum levels referred to above with foods which do so comply;

(d) to mix foods to which the Commission Regulation relates and which are intended for direct consumption or as food ingredients with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption; or

(e) to detoxify by chemical treatment food containing mycotoxins in excess of the limits specified in the Commission Regulation (regulation 3).

Regulation 4 specifies the enforcement authorities and regulation 5 provides for the application of specified provisions of the Food Safety Act 1990 for the purposes of these Regulations.

Regulation 6 makes a consequential amendment to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they extend to Scotland, the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community instruments mentioned in paragraphs (a) to (d) below.

The Commission Regulation specifies the Community methods of sampling and analysis that are required to be used for the official control of levels of the substances covered by it. Those methods are set out in–

(a) Commission Regulation (EC) No. 401/2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs (O.J. No. L 70, 9.3.06, p.12);

(b) Commission Regulation (EC) No. 1882/2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs (O.J. No. L 364, 20.12.06, p.25); and

(c) Commission Regulation (EC) No. 1883/2006 laying down methods of sampling and analysis for the official control of levels of dioxins and dioxin like PCBs in certain foodstuffs (O.J. No. L 364, 20.12.06, p.32);

(d) Commission Regulation (EC) No. 333/2007 laying down methods of sampling and analysis for the official control of the levels of lead, cadmium, mercury, inorganic tin, 3-MCPD and benzo(a)pyrene in foodstuffs (O.J. L 88, 29.3.07, p.29).

A full regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.