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The Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020
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- Scottish Statutory Instruments
- 2020 No. 156
- Regulation 2
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Amendment of the 2014 Regulations
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2.—(1) The 2014 Regulations are amended in accordance with paragraphs (2) to (5).
(2) In regulation 2 (interpretation)—
(a)in paragraph (1)—
(i)at the end of the definition of “Regulation 828/2014” omit “; and”,
(ii)after the definition of “Regulation 828/2014” insert—
““Regulation 2018/775” means Commission Implementing Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food;”,
(iii)at the end of the definition of “specified Regulation 828/2014 provision” insert “and”, and
(iv)after the definition of “specified Regulation 828/2014 provision” add—
““specified Regulation 2018/775 provision” means a provision specified in column 1 as read with the provisions in column 2, of the table in Part 3 of schedule 3”, and
(b)after paragraph (3A) insert—
“(3B) Any reference to Regulation 2018/775 or a provision of Regulation 2018/775 in a provision of these Regulations, is a reference to Regulation 2018/775 or that provision of Regulation 2018/775 as amended from time to time.”
(3) In regulation 10 (offences) after paragraph (aa) insert—
“(ab)any specified Regulation 2018/775 provision, subject to regulation 10A;”.
(4) After regulation 10 insert—
“Transitional Provision
10A. A person is not guilty of an offence under regulation 10(ab) if food placed on the market or labelled does not comply with any specified Regulation 2018/775 provision, provided that—
(a)it was placed on the market or labelled prior to 19th June 2020, and
(b)it complies with these Regulations as they applied prior to 19th June 2020.”.
(5) In schedule 3 (specified provisions of FIC and of Regulation 828/2014)—
(a)for the title substitute “Specified provisions of FIC, Regulation 828/2014 and Regulation 2018/775”, and
(b)after Part 2 (specified provisions of regulation 828/2014 applying on and from 20 July 2016) add—
“PART 3Specified Regulation 2018/775 provisions enforceable on and from 19 June 2020
| Specified Regulation 2018/775 provision | Provisions of Regulation 2018/775 to be read with the specified Regulation 2018/775 provision |
|---|---|
| Article 2 (indication of the country of origin or place of provenance of the primary ingredient) | Articles 1, 3 and 4 |
| Article 3 (presentation of the information) | Articles 1 and 4”. |
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