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The Foods for Specific Groups (Scotland) Regulations 2016

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Citation, commencement and extent

1.—(1) These Regulations may be cited as the Foods for Specific Groups (Scotland) Regulations 2016 and come into force on 20th July 2016.

(2) These Regulations extend to Scotland only.

Interpretation

2.—(1) In these Regulations—

the Act” means the Food Safety Act 1990;

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

“the EU Regulation” means Regulation (EU) No 609/2013 of the European Parliament and of the Council, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009; and

“specified EU requirement” means any provision of the EU Regulation specified in column 1 of schedule 1 as read with the provisions specified in the corresponding entry in column 2.

(2) Unless the context otherwise requires any reference in these Regulations to an Article is a reference to an Article of the EU Regulation.

(3) Expressions defined in Article 2 have the same meaning in these Regulations as they have in the EU Regulation.

(4) Any reference to Article 2 or a provision of the EU Regulation specified in schedule 1 is a reference to that provision as amended from time to time.

Enforcement

3.  Each food authority must execute and enforce these Regulations within its area.

Offences and penalties

4.—(1) A person is guilty of an offence if they fail to comply with any specified EU requirement.

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

Application of provisions of the Act

5.  The provisions of the Act specified in column 1 of the table in schedule 2 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Amendment of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

6.—(1) The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(2) are amended in accordance with paragraph (2).

(2) For the definition of “relevant food” in regulation 1(2) substitute—

“relevant food” means specially formulated food intended for use in energy-restricted diets for weight reduction, being food which complies with the compositional requirements in schedule 1 and which, when used as instructed by the manufacturer, replaces the whole of the total daily diet..

Revocations

7.—(1) Regulations 26 and 27 of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007(3) are revoked.

(2) The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007(4) are revoked.

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd June 2016

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