Explanatory Note

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make provision to enforce Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (“the EC Regulation”).

The Regulations–

(a)specify that the food authority (which in Scotland is the relevant local authority for each local authority area) is to execute and enforce these Regulations and the EC Regulation (regulation 3);

(b)specify offences and penalties for contravention of certain provisions of the EC Regulation, namely:

(i)Article 3(1), which makes it a requirement that only listed vitamins and minerals may be added to food;

(ii)Article 4, which prohibits the addition of vitamins and minerals to certain foods;

(iii)Article 5(2) which relates to purity criteria for certain vitamins and minerals;

(iv)Article 6(6), which requires minimum amounts of certain added vitamins and minerals to be in the food; and

(v)Article 7(1), (2) and (3), which relates to the labelling, presentation and advertising of foods to which vitamins and minerals have been added (regulation 4);

(c)apply provisions of the Food Safety Act 1990 (regulation 5); and

(d)specify offences and penalties that relate to the obstruction of those working to implement these Regulations and other matters to do with providing information and assistance (regulation 6).

A full regulatory impact assessment of the effect that this instrument will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.