The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019

Amendment of the Food Supplements (Scotland) Regulations 2003

4.—(1) The Food Supplements (Scotland) Regulations 2003(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition of “Directive 2001/83”,

(ii) after the definition of “food supplement”, add—

““nutrients” means the following substances:

(i)

vitamins, and

(ii)

minerals;” and

(iii) after the definition of “sell”, add—

““the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019(2);”, and

(b) omit paragraphs (3) and (4).

(3) In regulation 3 (scope of regulations), in paragraph (2) for “Directive 2001/83”, substitute “regulation 2(1) of the Human Medicines Regulations 2012(3)”.

(4) In regulation 5 (prohibitions on sale relating to composition of food supplements)–

(a) in paragraph (1)—

(i) in sub-paragraph (a) for “Annex I to Directive 2002/46”, substitute “schedule 1 of the 2019 Regulations”, and

(ii) in sub-paragraph (b)(i) for “Annex II to Directive 2002/46”, substitute “schedule 2 of the 2019 Regulations”, and

(b) in paragraph (2) for sub-paragraph (a), substitute—

“(a) the purity criteria, if any, specified in retained EU law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or”.

(5) In regulation 6 (restrictions on sale relating to labelling etc of food supplements), in paragraph (3)(b) for “Annex I to Directive 2002/46”, substitute “schedule 1 of the 2019 Regulations”.

(1)

S.S.I. 2003/278 as amended by S.S.I. 2005/616, 2009/438, 2014/312 and S.I. 2011/1043.

(2)

S.I. 2019/XXX. Back [2]

(3)

S.I. 2012/1916.