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The Food Information (Scotland) Regulations 2014

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This is the original version (as it was originally made).

Citation, extent and commencement

1.—(1) These Regulations may be cited as the Food Information (Scotland) Regulations 2014 and extend to Scotland only.

(2) Except as provided for in paragraphs (3) and (4), these Regulations come into force on 13th December 2014.

(3) The specified FIC provisions in Part 2 of Schedule 3 come into force on 13th December 2016.

(4) Part 2 of Schedule 4, and regulation 13 so far as it relates to that Part of Schedule 4, come into force on 13th December 2018.

Interpretation

2.—(1) In these Regulations—

the Act” means the Food Safety Act 1990;

“final consumer” has the meaning given in point 18 of Article 3 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;

“FIC” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

“food business operator” has the meaning given in point 3 of Article 3 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;

“mass caterer” has the meaning given in Article 2(2)(d) and “mass caterers” must be construed accordingly;

“means of distance communication” has the meaning given in Article 2(2)(u);

“prepacked for direct sale” has the same meaning as in Article 2(2)(e);

“prepacked food” has the meaning given in Article 2(2)(e); and

“specified FIC provision” means a provision specified in column 1, as read with column 2, of Schedule 3 to these Regulations.

(2) Except as otherwise provided for—

(a)any reference in these Regulations to an Article is a reference to an Article of FIC; and

(b)any reference in these Regulations to an Annex is a reference to an Annex to FIC.

(3) Any reference to FIC, or a provision of FIC (including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies, in a regulation listed in paragraph (4) is a reference to FIC or that provision as amended from time to time.

(4) The provisions referred to in paragraph (3) are—

(a)regulation 2(1) (interpretation), except for the definition of “FIC”;

(b)regulation 3 (derogation relating to milk and milk products);

(c)regulation 4(1) and (3) (derogation relating to minced meat); regulation 5(1),(3),(5) and (6) (foods that are not prepacked etc, containing an allergenic substance or product etc.);

(d)regulation 6(1) (foods that are not prepacked etc. – general requirement to name them);

(e)regulation 7(1), (4) and (6) (insofar as this relates to “offered for sale”) (Products that are not prepacked etc. containing meat and other ingredients);

(f)regulation 8(4)(b) (irradiated foods);

(g)regulation 10 (offences);

(h)paragraph 3 of Part 2 of Schedule 1(font size for national mark to be used in case of prepacked food); and

(i)Schedule 3 (specified FIC provisions).

Derogation relating to milk and milk products

3.  The requirements laid down in Articles 9(1) and 10(1) do not apply to milk or milk products presented in a glass bottle where the glass bottle is intended for reuse.

Derogation relating to minced meat

4.—(1) The requirements laid down in point 1 of Part B of Annex VI do not prevent minced meat that does not comply with those requirements being placed on the market using the designation ‘minced meat’ if the national mark in Part 1 of Schedule 1 appears on the labelling.

(2) Part 2 of Schedule 1 applies to the form of the national mark.

(3) In paragraph (1)—

“on the labelling” has the same meaning as in point 2 of Part B of Annex VI as read with the definition of “labelling” in Article 2(2)(j); and

“placed on the market” is to be construed taking into account the meaning of “placing on their national market” as used in point 3 of Part B of Annex VI.

Foods that are not prepacked etc. containing an allergenic substance or product etc.

5.—(1) A food business operator who offers for sale a relevant food to which this regulation applies may provide the particulars specified in Article 9(1)(c) in relation to that food in any manner that they choose, including, subject to paragraph (3), orally.

(2) This regulation applies to a relevant food that is offered for sale to the final consumer or to a mass caterer otherwise than by means of distance communication and that is—

(a)not prepacked;

(b)packed on the operator’s premises at the consumer’s request; or

(c)prepacked for direct sale.

(3) Where a food business operator intends to provide the particulars specified in Article 9(1)(c) relating to a relevant food orally, they must indicate that details of the Annex II substance or product used as an ingredient or processing aid in the manufacture or preparation of the food, or derived from such a substance or product, can be obtained by asking a member of staff.

(4) The indication mentioned in paragraph (3) must be given—

(a)on a label attached to the food; or

(b)on a notice, menu, ticket or label that is readily discernible by an intending purchaser at the place where they choose that food.

(5) In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars provided by a food business operator must be provided with a clear reference to the name of the substance or product listed in Annex II where—

(a)the relevant ingredient or processing aid is derived from a substance or product listed in Annex II; and

(b)the particulars are made available otherwise than by means provided in FIC.

(6) In this regulation “relevant food” means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).

Foods that are not prepacked etc. – general requirement to name them

6.—(1) A food business operator who offers for sale a food to which this regulation applies at premises where sales are made to final consumers must provide the particulars required by Article 9(1)(a) (the name of the food) as read with—

(a)Article 17(1) to (4) and Part A of Annex VI; and

(b)in the case of food offered for sale using a minced meat designation as a name—

(i)Article 17(5) and point 1 of Part B of Annex VI; and

(ii)point 3 of Part B of Annex VI as read with regulation 4 and Schedule 1.

(2) This regulation applies to a food that is offered for sale to a final consumer or a mass caterer and is—

(a)not prepacked;

(b)packed on the operator’s premises at the consumer’s request; or

(c)prepacked for direct sale.

(3) This regulation does not apply to a food prepared to be ready for consumption by a final consumer that is offered for sale to a final consumer by a mass caterer (whether at a mass catering establishment where sales are made in person to a final consumer or by means of distance communication) as part of their business as a mass caterer.

(4) The particulars must appear—

(a)on a label attached to the food; or

(b)on a notice, ticket or label that is readily discernible by an intending purchaser at the place where they choose that food.

(5) In this regulation “offered for sale” has the same meaning as in Article 44 and “offers for sale” shall be construed accordingly.

(6) Paragraph (4) does not apply in the case of an offer for sale made by means of distance communication.

Products that are not prepacked etc. containing meat and other ingredients

7.—(1) A food business operator who offers for sale a product to which this regulation applies at premises where sales are made to final consumers must provide the particulars required by Article 9(1)(d) (quantity of certain ingredients), as read with Article 22 and Annex VIII in respect of the ingredients in the product that are meat.

(2) This regulation applies to a product (other than a food specified in Schedule 2) that contains meat and any other ingredients and that is—

(a)not prepacked;

(b)packed on the operator’s premises at the consumer’s request; or

(c)prepacked for direct sale.

(3) This regulation does not apply to a product that is offered for sale by a mass caterer at a mass catering establishment in the course of their business as a mass caterer.

(4) The quantity of meat specified in the particulars mentioned in paragraph (1) must be determined taking into account the provisions relating to total fat and connective tissue content in point 17 of Part B of Annex VII, including any downward adjustment needed in a case where the total fat and connective tissue content in the product exceeds the values indicated in the table in that point.

(5) The particulars must appear—

(a)on a label attached to the product; or

(b)on a notice, ticket or label that is readily discernible by an intending purchaser at the place where they choose that product.

(6) In this regulation—

“offered for sale” has the same meaning as in Article 44 and “offers for sale” shall be construed accordingly;

“meat” means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat; and

“mechanically separated meat” has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004(2) of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin.

Irradiated foods

8.—(1) Any person who places on the market, in bulk, a product to which this paragraph applies must ensure that the relevant indication appears, together with the name of the product, on a display or notice above or beside the container in which the products are placed on the market.

(2) Paragraph (1) applies to—

(a)a product intended for the ultimate consumer or mass caterers that has been treated with ionising radiation; and

(b)a product intended for the ultimate consumer or mass caterers that contains an ingredient that has been treated with ionising radiation.

(3) Any person who places on the market a product to which this paragraph applies must ensure that the relevant indication appears in the list of ingredients of that product to indicate the irradiated ingredient.

(4) Paragraph (3) applies to a product intended for the ultimate consumer or mass caterers—

(a)containing a compound ingredient in a case where an ingredient of that compound ingredient has been treated with ionising radiation; and

(b)to which in relation to that compound ingredient the provisions of point 2 of Part E of Annex VII (setting out cases where a list of ingredients for compound ingredients is not compulsory) would, but for the requirement in paragraph (3), apply.

(5) The relevant indication is the word ‘irradiated’ or the words ‘treated with ionising radiation’.

(6) In this regulation—

“in bulk” has the same meaning as in Article 6 of Directive 1999/2/EC(3) of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and food ingredients treated with ionising radiation;

“ionising radiation” has the same meaning as in Directive 1999/2/EC of the European Parliament and of the Council;

“places on the market” is to be construed taking into account the meaning of “placed on the market” as used in Article 2 of Directive 1992/2/EC; and

“product” has the same meaning as in Directive 1999/2/EC of the European Parliament and of the Council.

(7) This regulation does not apply to—

(a)a product exposed to ionising radiation generated by measuring or inspection devices, provided the dose absorbed is not greater than 0.01 Gy for inspection devices which utilise neutrons and 0.5 Gy in other cases, at a maximum radiation energy level of 10 MeV in the case of X-rays, 14 MeV in the case of neutrons and 5 MeV in other cases; and

(b)a product which is prepared for patients requiring sterile diets under medical supervision.

Enforcement

9.  It is the duty of each food authority to enforce these Regulations within its area.

Offences

10.  A person is guilty of an offence if the person fails to comply with—

(a)any specified FIC provision;

(b)regulation 5(3), (4) or (5);

(c)regulation 6(1) as read with 6(4);

(d)regulation 7(1) as read with 7(5); or

(e)regulation 8(1) or (3).

Penalty

11.  A person guilty of an offence under regulation 10 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of provisions of the Act

12.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of the Act is to be construed as a reference to these Regulations—

(a)section 3 (presumptions that food intended for human consumption);

(b)section 30(8) (which relates to documentary evidence);

(c)section 33 (obstruction etc. of officers);

(d)section 35(1) (punishment of offences)(4) insofar as it relates to offences under section 33(1) and section 35(2) and (3)(5) insofar as they relate to offences under section 33(2), all as applied by paragraph (c);

(e)section 36 (offences by bodies corporate);

(f)section 36A (offences by Scottish partnerships)(6); and

(g)section 44 (protection of officers acting in good faith).

(2) The following provisions of the Act apply for the purposes of these Regulations with the modifications specified—

(a)section 20 (offences due to fault of another person) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014”;

(b)section 21 (defence of due diligence)(7)—

(i)in subsection (1) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014; and

(ii)subsections (2) to (4) apply in relation to an offence under regulation 10 as they apply in relation to an offence under section 14 or 15;

(c)section 22 (defence of publication in the course of business) for “any of the preceding provisions of this Part” substitute “regulation 10 of the Food Information (Scotland) Regulations 2014”.

(3) In section 32 (powers of entry) the modifications in sub-paragraphs (a) and (b) below apply for the purposes in sub-paragraph (c)—

(a)in section 32(1)(a) for “this Act, or of regulations or orders made under it” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision to consumers specified in Schedule 3 to the Food Information (Scotland) Regulations 2014”;

(b)omit section 32(1)(c);

(c)the purposes are enabling an authorised officer of a food authority—

(i)to exercise a power of entry to ascertain whether there is, or has been, any contravention of a specified FIC provision;

(ii)to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and

(iii)where exercising a power of entry under the applied section 32 provisions, to exercise the associated powers in subsections (5) and (6) relating to records;

(d)this paragraph is without prejudice to the application of the provisions of the Act for purposes other than those specified; and

(e)the purposes in (c) do not include any powers of entry relating to a contravention of Article 9(1)(e) of FIC.

Revocations

13.  The Regulations specified in Schedule 4 are revoked to the extent specified.

Consequential and other amendments

14.  Schedule 5 has effect.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

12th November 2014

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