The Food Supplements, Vitamins, Minerals and Other Substances (Scotland) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, amend the Food Supplements (Scotland) Regulations 2003 (“the 2003 Regulations”) and the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007 (“the 2007 Regulations”) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 1170/2009 amending Directive 2002/46/EC and Regulation (EC) No. 1925/2006 as regards the lists of vitamins and minerals and their forms that can be added to foods, including food supplements. These Regulations also update the references to Directives referred to in the 2003 Regulations.

These Regulations amend the 2003 Regulations by—

(a) substituting a revised definition of Directive 2002/46 and inserting definitions of Directive 90/496 and Directive 2001/83 (regulation 2(2));

(b) providing that a reference to an Annex to Directive 2002/46 is a reference to that Annex as amended from time to time (regulation 2(3));

(c) revising references to directives to refer to the definitions of those directives (regulation 2(4) and (6)(b));

(d) removing those provisions which implemented a part of Directive 2002/46 which lapses on 1st January 2010 (regulation 2(5)(a) and (d));

(e) providing that those Regulations refer to the Annexes to Directive 2002/46 rather than the Schedules to those Regulations and making consequential amendments (regulation 2(5)(b) and (c), (6)(a) and (8)); and

(f) providing a transitional period for the phasing in of the new provisions relating to Directive 90/496 (regulation 2(7)).

These Regulations amend the 2007 Regulations by substituting a revised definition of Regulation (EC) No. 1925/2006 (regulation 3(2)).

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.