Explanatory Notes

Good Food Nation (Scotland) Act 2022

2022 asp 5

26 July 2022

Good Food Nation Plans of Public Bodies

Section 24: Meaning of “food-related issue”

55. This section defines “food-related issue” with reference to the definitions of “food” and “food matter” in sections 53(1) and 54 respectively of the Food (Scotland) Act 2015.

56. Section 53(1) refers to the definition of “food” in Regulation (EC) No. 178/2002(1) as at 7 December 2004. This means that the definition is consistent with European legislation and with the interpretation of “food” set out in various sections of schedule 5 of the Scotland Act 1998.

57. Section 54 defines “food matter” as any matter connected with health which may arise in relation to the consumption of food, or other interests of consumers in relation to food.

1

“food”…means any substance or product, whether processed or partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans.

“Food” includes drink, chewing gum and any substance, including water, intentionally incorporated into the food during its manufacture, preparation or treatment. It includes water after the point of compliance as defined in Article 6 of Directive 98/83/EC and without prejudice to the requirements of Directives 80/778/EEC and 98/83/EC.

“Food” shall not include:

(a)

(a) feed;

(b)

(b) live animals unless they are prepare for placing on the market for human consumption;

(c)

(c) plants prior to harvesting;

(d)

(d) medicinal products within the meaning of Council Directives 65/65/EEC and 92/73/EEC;

(e)

(e) cosmetics within the meaning of Council Directive 76/768/EEC;

(f)

(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC);

(g)

(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;

(h)

(h) residues and contaminants.