The Contaminants in Food (Scotland) Regulations 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, revoke and re-enact with changes the Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525) as amended. The Regulations–

(a) make provision for the execution and enforcement of Commission Regulation (EC) No. 466/2001 setting maximum levels for contaminants in foodstuffs (O.J. No. L 77, 16.3.01, p.1, as corrected and amended) (“the Commission Regulation”);

(b) implement the following Commission Directives–

(i) Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (O.J. No. L 201, 17.7.98, p.93, as amended);

(ii) Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3 MCPD in foodstuffs (O.J. No. L 77, 16.3.01, p.14, as corrected and amended);

(iii) Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of levels of ochratoxin A in foodstuffs (O.J. No. L 75, 16.3.02, p.38, as amended);

(iv) Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin like PCBs in foodstuffs (O.J. No. L 209, 6.8.02, p.5, as corrected and amended);

(v) Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs (O.J. No. L 203, 12.8.03, p.40);

(vi) Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods (O.J. No. L 42, 13.2.04, p.16); and

(vii) Commission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a)pyrene in foodstuffs (O.J. No. L 34, 8.2.05, p.15);

(c) subject to transitional provisions, provide that it is an offence to–

(i) place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and fresh spinach);

(ii) use food containing such contaminants at such levels as ingredients in the production of certain foods;

(iii) mix foods which do not comply with the maximum levels referred to above with foods which do;

(iv) mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption; or

(v) detoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3);

(d) specify the enforcement authorities (regulation 4);

(e) prescribe requirements in relation to the methods of sampling and the analysis of samples of foods subject to the Commission Regulation (regulation 5);

(f) provide for the application of specified provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 6); and

(g) make consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 10), the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community provisions implemented in these Regulations.

A regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.