The Marketing of Horticultural Produce (Scotland) Regulations 2009

Scottish Statutory Instruments

2009 No. 225

HORTICULTURE

The Marketing of Horticultural Produce (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)(e) and (2)(b) and 17(1) of the Food Safety Act 1990(1) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972(2), and all other powers enabling them to do so.

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(3).

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 the references in the Regulations to Community instruments to be references to those instruments as amended from time to time.

(1)

1990 c. 16. Section 16(1) was amended by the Food Standards Act 1999 (c. 28), (“the 1999 Act”), section 40(1) and Schedule 5, paragraph 8; sections 17(1) and 17(2) were amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12; 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 transferred, 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).

(2)

1972 c. 68. Section 2(2) was amended by the Scotland Act 1998 (c. 46), Schedule 8, paragraph 15(3) and the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(3)

O.J. No. L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.2008, p.17).