The Marketing of Bananas (Scotland) Regulations 2012

Scottish Statutory Instruments

2012 No. 349

Horticulture

The Marketing of Bananas (Scotland) Regulations 2012

Made

13th December 2012

Laid before the Scottish Parliament

17th December 2012

Coming into force

1st February 2013

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”), 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.

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 1333/2011 laying down marketing standards for bananas, rules on the verification of compliance with those marketing standards and requirements for notifications in the banana sector(5), and Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(6) to be construed as references to those Regulations 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, 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 (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) (“the 1998 Act”), Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”)). Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), section 3(3) and Schedule, Part 1. The functions conferred upon the Minister of the Crown under section 2(2), so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. Paragraph 1A of Schedule 2 was inserted by section 28 of the 2006 Act and was amended by the 2008 Act, Schedule, Part 1. Section 2(2) is relevant to the modifications made by regulation 21.

(3)

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

(4)

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

(5)

OJ L 336, 20.12.2011, p.23.

(6)

OJ L 299, 16.11.2007, p.1, as last amended by Regulation (EU) No 261/2012 (OJ L 94, 30.3.2012, p.38).