This S.S.I. has been made in consequence of defects in S.S.I. 2016/383 and is being issued free of charge to all known recipients of that instrument.
2016 No. 422
The Caseins and Caseinates (Scotland) (No. 2) Regulations 2016
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1) and (3), 31(1) and 48(1) of the Food Safety Act 19901 and section 2(2) of the European Communities Act 19722 and all other powers enabling them to do so.
In accordance with section 48(4A)3 of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland.C1
There has been 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 safety4.C1
Citation, commencement and extentI1I11
1
These Regulations may be cited as the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016.
2
This regulation and regulation 9(c) come into force on 21st December 2016.
3
The remaining provisions of these Regulations come into force on 22nd December 2016.
4
These Regulations extend to Scotland only.
InterpretationI22
In these Regulations—
“the Act” means the Food Safety Act 19905;
“the Directive” means Directive (EU) 2015/2203 of the European Parliament and of the Council on the approximation of the laws of the Member States relating to caseins and caseinates intended for human consumption and repealing Council Directive 83/417/EEC6;
“edible acid casein” means a milk product obtained by separating, washing and drying the acid-precipitated coagulum of skimmed milk and/or of other products obtained from milk;
“edible caseinate” means a milk product obtained by action of edible casein or edible casein curd coagulum with neutralizing agents, followed by drying;
“edible rennet casein” means a milk product obtained by separating, washing and drying the coagulum of skimmed milk and/or other products from milk; the coagulum is obtained through the reaction of rennet or other coagulating enzymes;
“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19947;
“food business operator” has the meaning given in Article 3(3) of Regulation (EC) No 178/2002;
“place on the market” has the meaning given in Article 3(8) of Regulation (EC) No 178/2002;
“Regulation (EC) No 178/2002” means 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; and
“Regulation (EU) No 1169/2011” 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 608/20048.
ScopeI33
These Regulations apply to caseins and caseinates intended for human consumption and mixtures thereof.
Restriction on the marketing and use of edible acid caseins, edible rennet caseins and edible caseinatesI44
A person must not—
a
place on the market—
i
edible acid caseins under that name unless they comply with the rules laid down in the Directive and the standards set out in schedule 1;
ii
edible rennet caseins under that name unless they comply with the rules laid down in the Directive and the standards set out in schedule 2; or
iii
edible caseinates under that name unless they comply with the rules laid down in the Directive and the standards set out in schedule 3;
b
place on the market caseins or caseinates for purposes other than the preparation of food unless they are named and labelled clearly as to their nature, quality or intended use; or
c
use for the preparation of food, caseins or caseinates which do not comply with the standards set out in tables 2 and 3 of schedule 1, 2 or 3.
Labelling of edible acid caseins, edible rennet caseins and edible caseinatesI55
1
The following particulars must be marked on the packages, containers or labels of edible acid caseins, edible rennet caseins and edible caseinates in easily visible, clearly legible and indelible characters:—
a
the name of the edible acid casein, edible rennet casein or edible caseinate, and in the case of an edible caseinate, an indication of the cation or cations as listed in table 4 of schedule 3;
b
in the case of edible acid caseins, edible rennet caseins or edible caseinates marketed as mixtures—
i
the words ‘mixture of’ followed by the names of the different edible acid casins, edible rennet caseins or edible caseinates of which the mixture is composed, in decreasing order of weight;
ii
an indication of the cation or cations, as listed in table 4 of schedule 3, in the case of edible caseinates;
iii
the protein content in the case of mixtures containing edible caseinates;
c
the net quantity of the edible acid caseins, edible rennet caseins and edible caseinates expressed in kilograms or grams;
d
e
in the case of edible acid caseins, edible rennet caseins or edible caseinates imported from third countries, the name of the country of origin;
f
the lot identification of the edible acid caseins, edible rennet caseins or edible caseinates or the date of production.
2
A person must not place on the market any edible acid caseins, edible rennet caseins or edible caseinates unless the particulars referred to in paragraph (1) are given in English either exclusively or in addition to any other language.
3
Where the minimum milk protein content set out at item 2 in table 1 of schedule 1, 2 or 3 is exceeded in edible acid caseins, edible rennet caseins or edible caseinates, this fact may, without prejudice to the provisions of Regulation (EU) No 1169/2011, be marked on the packages, containers or labels of the products.
Offences and penaltiesI66
A person is guilty of an offence if that person fails to comply with regulation 4 or 5 and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
F1Transitional provisions: withdrawal from the EU6A
1
A person is to be considered to have complied with regulation 5(1)(d) in the following circumstances—
a
edible acid caseins, edible rennet caseins or edible caseinates are marked with the name, or business name, and address of the food business operator under whose name, or business name, the product is marketed or, if that food business operator is not established in the European Union, the importer into the European Union market,
b
this would have complied with regulation 5(1)(d) as it applied immediately before IP completion day, and
c
the edible acid caseins, edible rennet caseins or edible caseinates are placed on the market no later than F331 December 2023.
2
A person is to be considered to have complied with regulation 5(1)(e) in the following circumstances—
a
edible acid caseins, edible rennet caseins or edible caseinates imported from a third country are marked with the name of the country of origin,
b
this would have complied with regulation 5(1)(e) as it applied immediately before IP completion day, and
c
the edible acid caseins, edible rennet caseins or edible caseinates are placed on the market no later than F431 December 2023.
3
In this regulation, “third country” means any country other than the United Kingdom.
EnforcementI77
Each food authority must execute and enforce these Regulations within its area.
Application of provisions of the ActI88
The provisions of the Act specified in column 1 of the table in schedule 4 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.
RevocationsI10I9I99
The following instruments are revoked:—
I12SCHEDULE 1Standards applicable to edible acid caseins
I12Table 1Essential factors of composition
1. | Maximum moisture content | 12% by weight |
2. | Minimum milk protein content calculated on the dried extract | 90% by weight |
of which minimum casein content | 95% by weight | |
3. | Maximum milk fat content | 2% by weight |
4. | Maximum titratable acidity, expressed in ml of decinormal sodium hydroxide solution per g | 0.27 |
5. | Maximum ash content (P2O5 included) | 2.5% by weight |
6. | Maximum anhydrous lactose content | 1% by weight |
7. | Maximum sediment content (burnt particles) | 22.5 mg in 25 g |
I12Table 2Contaminants
Maximum lead content | 0.75 mg/kg |
I12Table 3Impurities
Extraneous matter (such as wood or metal particles, hairs or insect fragments) | nil in 25 g |
I12Table 4Processing aids, bacterial cultures and authorised ingredients
1. | Acids: |
— lactic acid | |
— hydrochloric acid | |
— sulphuric acid | |
— citric acid | |
— acetic acid | |
— orthophosphoric acid | |
2. | Bacterial cultures producing lactic acid |
3. | Whey |
I12Table 5Organoleptic characteristics
1. | Odour | No foreign odours |
2. | Appearance | Colour ranging from white to creamy white; the product must not contain any lumps that would not break up under slight pressure |
I13SCHEDULE 2Standards applicable to edible rennet caseins
I13Table 1Essential factors of composition
1. | Maximum moisture content | 12% by weight |
2. | Minimum milk protein content calculated on the dried extract | 84% by weight |
of which minimum casein content | 95% by weight | |
3. | Maximum milk fat content | 2% by weight |
4. | Maximum ash content (P2O5 included) | 7.5% by weight |
5. | Maximum anhydrous lactose content | 1% by weight |
6. | Maximum sediment content (burnt particles) | 15 mg in 25 g |
I13Table 2Contaminants
Maximum lead content | 0.75 mg/kg |
I13Table 3Impurities
Extraneous matter (such as wood or metal particles, hairs or insect fragments) | nil in 25 g |
I13Table 4Processing aids, bacterial cultures and authorised ingredients
— rennet meeting the requirements of Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/9712; — other milk-coagulating enzymes meeting the requirements of Regulation (EC) No 1332/2008. |
I13Table 5Organoleptic characteristics
1. | Odour | No foreign odours |
2. | Appearance | Colour ranging from white to creamy white; the product must not contain any lumps that would not break up under slight pressure |
I14SCHEDULE 3Standards applicable to edible caseinates
I14Table 1Essential factors of composition
1. | Maximum moisture content | 8% by weight |
2. | Minimum milk protein content calculated on the dried extract | 88% by weight |
of which minimum casein content | 95% by weight | |
3. | Maximum milk fat content | 2% by weight |
4. | Maximum anhydrous lactose content | 1% by weight |
5. | pH value | 6.0 to 8.0 |
6. | Maximum sediment content (burnt particles) | 22.5 mg in 25 g |
I14Table 2Contaminants
Maximum lead content | 0.75 mg/kg |
I14Table 3Impurities
Extraneous matter (such as wood or metal particles, hairs or insect fragments) | nil in 25 g |
Table 4Food additives
(optional neutralizing and buffering agents)
hydroxydes | of | sodium |
|---|---|---|
carbonates | potassium | |
phosphates | calcium | |
citrates | ammonium | |
magnesium |
I14Table 5Organoleptic characteristics
1. | Odour | Very slight foreign flavours and odours |
2. | Appearance | Colour ranging from white to creamy white; the product must not contain any lumps that would not break up under slight pressure |
3. | Solubility | Almost entirely soluble in distilled water, except for calcium caseinate |
I11SCHEDULE 4Modification of provisions of the Act
Sch. 4 in force at 22.12.2016, see reg. 1(3)
Provision of the Act | Modifications |
|---|---|
Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 2113 (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 22 (defence of publication in the course of business) | For “any of the preceding provisions of this Part” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below” insert “including under section 32 as applied and modified by regulation 8 and schedule 4 of the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 30 (evidence of certificates given by a food analyst or examiner) | In subsection (8), for “this Act” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 32 (powers of entry) | In subsection (1), for paragraphs (a) to (c) substitute— |
| |
Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” (in each place where it occurs) substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 35(1) (punishment of offences) | After “section 33(1) above” insert “as applied and modified by regulation 8 and schedule 4 of the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016,”. |
Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 36A14 (offences by Scottish partnerships) | For “this Act” substitute “the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016”. |
Section 44 (protection of officers acting in good faith) | For “this Act”— |
| |
|
(This note is not part of the Regulations)
Regulations applied in part (with modifications) (N.I.) (1.10.2023) by The Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023 (S.I. 2023/959), regs. 1(2), 4(b), Sch. 2 (with regs. 7, 8)