The Food Labelling Amendment (Scotland) Regulations 2004

Scottish Statutory Instruments

2004 No. 269

FOOD

The Food Labelling Amendment (Scotland) Regulations 2004

Made

8th June 2004

Laid before the Scottish Parliament

8th June 2004

Coming into force

31st July 2004

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990(1) and all other powers enabling them in that behalf, and having had regard in accordance with section 48(4A)(2) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B)(3) of that Act, hereby make the following Regulations:

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Food Labelling Amendment (Scotland) Regulations 2004 and shall come into force on 31st July 2004.

(2) These Regulations extend to Scotland only.

Amendment of the Food Labelling Regulations 1996

2.  The Food Labelling Regulations 1996(4) are amended in accordance with regulations 3 and 4.

3.  In regulation 2(1) (interpretation), in the definition of “Directive 90/496” insert at the end “, as amended by Commission Directive 2003/120/EC(5)”.

4.  In Part I of Schedule 7 (presentation of prescribed nutrition labelling), at the end of paragraph 5 insert–

“;

(g) 1 gram of salatrims shall be deemed to contribute 25 kJ (6 kcal)”.

Authorised to sign by the Scottish Ministers

TOM McCABE

St Andrew’s House, Edinburgh

8th June 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Food Labelling Regulations 1996 (S.I. 1996/1499) in relation to Scotland. Those Regulations extend to the whole of Great Britain. These Regulations implement in Scotland Commission Directive 2003/120/EC (O.J. No. L 333, 20.12.03, p.51) amending Directive 90/496/EEC on nutrition labelling for foodstuffs.

The Regulations specify a conversion factor for salatrims to be used in the calculation of the declared energy value of foods (regulation 4) and update the definition of “Directive 90/496” (regulation 3).

A Regulatory Impact Assessment has not been produced for these Regulations as they have no impact on business costs.

(1)

1990 c. 16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 of the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(4)

S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.

(5)

O.J. No. L 333, 20.12.03, p.51.