The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011

Scottish Statutory Instruments

2011 No. 324

Horticulture

The Marketing of Horticultural Produce (Scotland) Amendment Regulations 2011

Made

7th September 2011

Laid before the Scottish Parliament

9th September 2011

Coming into force

10th October 2011

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and 17(2) of the Food Safety Act 1990(1) (“the 1990 Act”), paragraph 1A of Schedule 2 to the European Communities Act 1972(2) and all other powers enabling them to do so.

In accordance with section 48(4A) of the 1990 Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency(3).

The Scottish Ministers have carried out 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(4).

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 Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors(5) to be construed as references to that Regulation 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; section 17(2) was amended by the 1999 Act, section 40(1) and Schedule 5, paragraphs 8 and 12 and by S.I. 2011/1043, article 6(1)(e); amendments made by Schedule 5 to the 1999 Act are to 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. Paragraph 1A of Schedule 2 was inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 28 and was amended by the European Union (Amendment) Act 2008 (c.7), Schedule, Part 1.

(3)

Section 48(4A) was inserted by the Food Standards Act 1999 (c.28), Schedule 5, paragraph 21.

(4)

O.J. L 31, 1.2.2002, p.1, to which there are no relevant amendments.

(5)

O.J. L 157, 15.6.2011, p.1.