2023 No. 161
The Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(1) and (2)(c), and 52 of the Food (Scotland) Act 20151 and all other powers enabling them to do so.
The Scottish Ministers have had regard to relevant advice given by Food Standards Scotland in accordance with section 50(1)(a) of the Food (Scotland) Act 2015.
There has been consultation as required by Article 9 of Regulation (EC) 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the Food Safety Authority and laying down procedures in matters of food safety2.
Citation, commencement and interpretationI21
1
These Regulations may be cited as the Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023.
2
These Regulations come into force on 30 June 2023.
3
In these Regulations—
a
“the 1990 Act” means the Food Safety Act 19903,
b
“the 2015 Act” means the Food (Scotland) Act 2015.
Meaning of relevant offence, specified standard and specified periodI42
1
For the purposes of Part 3 (administrative sanctions) of the 2015 Act, as it applies to compliance notices, an offence specified in the schedule is a “relevant offence”.
2
The “specified standard” for the purposes of section 42(3) (compliance notices) of the 2015 Act is on the balance of probabilities.
3
The “specified period” for the purposes of section 43(3) (content and form of a compliance notice) of the 2015 Act is 14 days.
Application of provisions of the 1990 ActI13
The following provisions of the 1990 Act apply for the purposes of the provisions of the 2015 Act mentioned, subject to the modifications specified—
a
section 30(8) (documentary evidence in proceedings for offences) applies for the purposes of sections 44 (failure to comply with a compliance notice) and 48 (appeal against a compliance notice) of the 2015 Act with the modification that the reference to “this Act” is to be read as a reference to Part 3 of 2015 Act, as that Part applies to compliance notices,
b
section 34 (time limit for prosecutions) applies for the purposes of section 44 (failure to comply with a compliance notice) of the 2015 Act with the modification that the reference to “this Act which is punishable under section 35(A1), (A2) or (2) below” is to be read as a reference to section 44 of the 2015 Act,
c
section 40 (power to issue codes of practice) applies for the purposes of Part 3 of the 2015 Act as that Part applies to compliance notices with the modifications that—
i
any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act, as that Part applies to compliance notices,
ii
any reference to a “food authority” is to be read as a reference to an enforcement authority,
d
section 49(3) to (5) (form and authentication of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modifications that any reference to a “food authority” is to be read as a reference to an enforcement authority,
e
section 50 (service of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modification that any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act as that Part applies to compliance notices.
SCHEDULERelevant Offences for the purposes of Part 3 of the 2015 Act as it applies to compliance notices
The Quick-frozen Foodstuffs Regulations 1990I51
An offence under any of the following provisions of the Quick-frozen Foodstuffs Regulations 19904—
a
regulation 3 (sale of quick-frozen foodstuffs),
b
regulation 4 (packaging of quick-frozen foodstuffs intended for supply to the ultimate consumer),
c
regulation 5(1), (2), (3) and (4) (labelling of quick-frozen foodstuffs),
d
regulation 6 (equipment),
e
regulation 7(1A) (penalties and enforcement).
Food (Lot Marking) Regulations 1996I62
An offence under regulation 5(1) (enforcement) of the Food (Lot Marking) Regulations 19965.
Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997I73
An offence under regulation 6(1) (offences and penalties) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 19976.
Bread and Flour Regulations 1998I84
An offence under any of the following provisions of the Bread and Flour Regulations 19987—
a
regulation 4(4)(a) and (4)(b)(ii) (composition of flour),
b
regulation 5 (additional ingredients),
c
regulation 6(2) (restrictions on the use of the words ‘wholemeal’ and ‘wheatgerm’).
Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001I95
An offence under regulation 7(1) (penalties and enforcement) of the Coffee Extracts and Chicory Extracts (Scotland) Regulations 20018.
Kava-kava in Food (Scotland) Regulations 2002I106
An offence under regulation 4(1) (penalty and enforcement) of the Kava-kava in Food (Scotland) Regulations 20029.
Food Supplements (Scotland) Regulations 2003I117
An offence under regulation 9 (offences and penalties) of the Food Supplements (Scotland) Regulations 200310.
Cocoa and Chocolate Products (Scotland) Regulations 2003I128
An offence under regulation 8(1) (penalties and enforcement) of the Cocoa and Chocolate Products (Scotland) Regulations 200311.
Condensed Milk and Dried Milk (Scotland) Regulations 2003I139
An offence under regulation 7(1) (penalties and enforcement) of the Condensed Milk and Dried Milk (Scotland) Regulations 200312.
Specified Sugar Products (Scotland) Regulations 2003I1410
An offence under regulation 7(1) (penalties and enforcement) of the Specified Sugar Products (Scotland) Regulations 200313.
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004I1511
An offence under any of the following provisions of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 200414—
a
regulation 4 (restrictions on the sale of processed CEREAL-BASED foods and baby foods),
b
regulation 5(1), (3) and (4) (general requirements as to manufacture and composition),
c
regulation 6 (added nutritional substances and nutrients),
d
regulation 7 (pesticide residues),
e
regulation 8 (labelling).
Jam and Similar Products (Scotland) Regulations 2004I1612
An offence under regulation 7(1) (penalties and enforcement) of the Jam and Similar Products (Scotland) Regulations 200415.
Genetically Modified Food (Scotland) Regulations 2004I1713
An offence under regulation 5 (offences and penalties) of the Genetically Modified Food (Scotland) Regulations 200416.
General Food Regulations 2004I1814
An offence under any of the following provisions of the General Food Regulations 200417—
a
regulation 4(b) (Article 14(1) food safety requirements),
b
regulation 4(c) (Article 16 (presentation) in so far as it relates to food),
c
regulation 4(d) (Article 18(2) or (3) (traceability) in so far as it relates to food business operators),
d
regulation 4(e) (Article 19(4) responsibilities for food: food business operators).
Tryptophan in Food (Scotland) Regulations 2005I1915
An offence under regulation 6(1) (offences and penalty) of the Tryptophan in Food (Scotland) Regulations 200518.
Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007I2016
An offence under any of the following provisions of the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 200719—
a
regulation 4(2)(a) (Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules)),
b
regulation 4(2)(b) (Article 4 (prohibition on addition of vitamins and minerals to certain foods)),
c
regulation 4(2)(c) (Article 5(2) (requirement to observe purity criteria)),
d
regulation 4(2)(d) (Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined)),
e
regulation 4(2)(e) (Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added) as read with the first subparagraph of Article 54(3) of 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).
Nutrition and Health Claims (Scotland) Regulations 2007I2117
An offence under regulation 5 (offences and penalties) of the Nutrition and Health Claims (Scotland) Regulations 200720.
Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007I2218
An offence under regulation 20 (offences and penalties) of the Natural Mineral Water, Spring Water and Bottled Water (Scotland) No. 2 Regulations 200721.
Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008I2319
An offence under regulation 3(1) (restriction on placing on the market of rice products) of the Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 200822.
Food Irradiation (Scotland) Regulations 2009I2420
An offence under either of the following provisions of the Food Irradiation (Scotland) Regulations 200923—
a
regulation 6(1)(b) (restriction on storage or transport),
b
regulation 8(1)(b) (documentation for food not ready for final sale).
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009I2521
An offence under regulation 3(1) (offences, penalties and execution and enforcement) of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 200924.
Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011I2622
An offence under regulation 4 (offences and penalties) of the Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 201125.
Materials and Articles in Contact with Food (Scotland) Regulations 2012I2723
An offence under any of the following provisions of the Materials and Articles in Contact with Food (Scotland) Regulations 201226—
a
regulation 4(3) (offences of contravening specified provisions of Regulation 1935/2004),
b
regulation 5 (offence of contravening Article 4 of Regulation 2023/2006),
c
regulation 7 (offences of contravening specified provisions of Regulation 450/2009),
d
regulation 14 (offences of contravening specified provisions of Regulation 10/2011),
e
regulation 16(4) (restrictions on the use of epoxy derivatives (BADGE, BFDGE and NOGE),
f
regulation 19(1) (offences and penalties).
Fish Labelling (Scotland) Regulations 2013I2824
An offence under regulation 5 (offences) of the Fish Labelling (Scotland) Regulations 201327.
Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013I2925
An offence under any of the following provisions of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 201328—
a
regulation 3 (offence of contravening EU requirements on food additives),
b
regulation 4 (offence of contravening EU requirements on flavourings, including smoke flavourings),
c
regulation 5 (offence of contravening EU requirements on flavourings, including smoke flavourings),
d
regulation 6 (offence of contravening EU requirements on food enzymes),
e
regulation 15(1) (offences and penalties).
Fruit Juices and Fruit Nectars (Scotland) Regulations 2013I3026
An offence under regulation 17 (offences and penalties) of the Fruit Juices and Fruit Nectars (Scotland) Regulations 201329.
Products Containing Meat etc. (Scotland) Regulations 2014I3127
An offence under regulation 6(1) (penalties and enforcement) of the Products Containing Meat etc. (Scotland) Regulations 201430.
The Food Information (Scotland) Regulations 2014I3228
An offence under regulation 10 (offences) of the Food Information (Scotland) Regulations 201431.
Honey (Scotland) Regulations 2015I3329
An offence under regulation 17(1) (penalties and enforcement) of the Honey (Scotland) Regulations 201532.
Country of Origin of Certain Meats (Scotland) Regulations 2016I3430
An offence under regulation 6(1) and (2) (offences and penalties) of the Country of Origin of Certain Meats (Scotland) Regulations 201633.
Food for Specific Groups (Scotland) Regulations 2016I3531
An offence under regulation 4(1) (offences and penalties) of the Food for Specific Groups (Scotland) Regulations 201634.
The Caseins and Caseinates (Scotland) (No. 2) Regulations 2016I3632
An offence under any of the following provisions of the Caseins and Caseinates (Scotland) (No. 2) Regulations 201635—
a
regulation 4 (restriction on the marketing and use of edible acid caseins, edible rennet caseins and edible caseinates),
b
regulation 5(1) and (2) (labelling of edible acid caseins, edible rennet caseins and edible caseinates).
Novel Foods (Scotland) Regulations 2017I333
Food for Specific Groups (Infant Formula and Follow-On Formula) (Scotland) Regulations 2020I3734
An offence under regulation 4(1) (offences and penalties) of the Food for Specific Groups (Infant Formula and Follow-On Formula) (Scotland) Regulations 202037.
(This note is not part of the Regulations)