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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”.