2008 No. 216

FOOD

The Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 19901, and all other powers enabling them to do so.

In accordance with section 48(4A)2 of that Act they have had regard to relevant advice given by the Food Standards Agency.

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety3.

Citation, commencement and extentI11

1

These Regulations may be cited as the Spreadable Fats, Milk and Milk Products (Scotland) Regulations 2008, and come into force on 1st July 2008.

2

These Regulations extend to Scotland only.

Annotations:
Commencement Information
I1

Reg. 1 in force at 1.7.2008, see reg. 1(1)

InterpretationI22

1

In these Regulations–

  • “the Act” means the Food Safety Act 1990;

  • “the Commission Regulation” means Commission Regulation (EC) No. 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products4;

  • “Community provision” means a provision referred to in regulation 6(2);

  • “the Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)5;

  • “sell” includes possess for sale, and offer, expose or advertise for sale;

  • “sell by retail” means to sell to a person who is not buying for the purpose of re sale;

  • “vitamin A” means vitamin A present as such or as its esters and includes beta carotene on the basis that 6 micrograms of beta carotene or 12 micrograms of other biologically active carontenoids equal one microgram of retinol equivalent; and

  • “vitamin D” means the anti rachitic vitamins.

2

Other expressions used in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.

Annotations:
Commencement Information
I2

Reg. 2 in force at 1.7.2008, see reg. 1(1)

Exemptions from these RegulationsI33

1

Except where paragraph (2) applies, unless and until there is a decision by the EEA Joint Committee to amend the EEA Agreement under Article 98 of the EEA Agreement so as to refer to the Council Regulation and the Commission Regulation, these Regulations do not apply in respect of any spreadable fat to which the EEA Agreement applies and which–

a

is brought into Scotland–

i

from an EEA state (other than a Member State) in which it was lawfully produced and sold; or

ii

from another part of the United Kingdom if that spreadable fat was brought there from such an EEA state; and

b

is suitably labelled to indicate the nature of the spreadable fat.

2

Regulation 4 does not apply in respect of any margarine which–

a

is brought into Scotland–

i

from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold;

ii

from a Member State (other than the United Kingdom) in which it was in free circulation and lawfully sold; or

iii

from another part of the United Kingdom in which it was lawfully produced and sold or in free circulation and lawfully sold; and

b

is suitably labelled to indicate the nature of the margarine.

3

For the purposes of paragraph (2), “free circulation” has the meaning it bears in Article 23(2) of the Treaty establishing the European Community.

Annotations:
Commencement Information
I3

Reg. 3 in force at 1.7.2008, see reg. 1(1)

Vitamin content of margarineI44

No person may sell by retail any margarine unless it contains in every 100 grams–

a

not less than 800 micrograms and not more than 1,000 micrograms of vitamin A; and

b

not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,

and a proportionate amount in any part of 100 grams.

Annotations:
Commencement Information
I4

Reg. 4 in force at 1.7.2008, see reg. 1(1)

EnforcementI55

Each food authority shall execute and enforce the Community provisions and these Regulations in its area.

Annotations:
Commencement Information
I5

Reg. 5 in force at 1.7.2008, see reg. 1(1)

Offences and penaltyI66

1

Any person who contravenes or fails to comply with–

a

regulation 4; or

b

any Community provision,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

2

The Community provisions are–

a

Article 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with Annex XII to that Regulation;

b

Article 115 of the Council Regulation (marketing standard applying to spreadable fats, including compositional criteria for reserved descriptions), as read with–

i

Annex XV to the Council Regulation;

ii

Article 1 of and Annex I to the Commission Regulation; or

iii

Article 2 of and Annex II to the Commission Regulation; and

c

Article 3 of the Commission Regulation (requirements relating to the use of the designation “butter” for composite products) as read with Annex III to that Regulation.

Annotations:
Commencement Information
I6

Reg. 6 in force at 1.7.2008, see reg. 1(1)

Application of various provisions of the ActI77

1

The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations–

a

section 2 (extended meaning of “sale” etc.);

b

section 3 (presumptions that food intended for human consumption);

c

section 20 (offences due to fault of another person);

d

section 21 (defence of due diligence), as it applies for the purposes of section 14 or 15;

e

section 22 (defence of publication in the course of business);

f

section 30(8) (which relates to documentary evidence);

g

section 33 (obstruction etc. of officers);

h

section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33 as applied by sub-paragraph (g);

i

section 36 (offences by bodies corporate); and

j

section 36A (offences by Scottish partnerships).

2

Section 44 (protection of officers acting in good faith) of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference to the Act in that section shall be construed for the purposes of these Regulations as including a reference to the Community provisions.

Annotations:
Commencement Information
I7

Reg. 7 in force at 1.7.2008, see reg. 1(1)

RevocationsI88

The following instruments are revoked–

a

the Milk and Milk Products (Protection of Designations) (Scotland) Regulations 19906;

b

the Spreadable Fats (Marketing Standards) (Scotland) Regulations 19997; and

c

the Spreadable Fats (Marketing Standards) (Scotland) Amendment Regulations 20078.

Annotations:
Commencement Information
I8

Reg. 8 in force at 1.7.2008, see reg. 1(1)

S ROBISONAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, provide for the execution and enforcement of certain provisions of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (“the Council Regulation”).

The Council Regulation repeals a number of other Community instruments and re-enacts their provisions without amendment. These Regulations provide for the enforcement of provisions formerly contained in two of the repealed Community instruments and formerly enforced in two separate statutory instruments. Those statutory instruments are now revoked (regulation 8).

The provisions of the Council Regulation include:

a

the requirement that milk and milk products marketed for human consumption must comply with certain specifications as to names and composition (Article 114(1) and Annex XII); and

b

the requirement that certain spreadable fats intended for human consumption must comply with specifications relating to their sales description, labelling and presentation, and use of terminology (Article 115 and Annex XV).

The provisions contained in the Council Regulation as regards spreadable fats are supplemented by Commission Regulation (EC) No. 445/2007.

These Regulations also–

a

provide an exemption for spreadable fats imported from an EEA State other than a Member State (regulation 3(1));

b

specify the required levels for certain vitamins in margarine (regulation 4), subject to an exemption for margarines brought into Scotland from elsewhere in the EEA or the UK that do not comply with national rules (regulation 3(2));

c

designate the authorities responsible for enforcement of these Regulations and the Community Regulations mentioned above (regulation 5);

d

create a summary offence of failing to comply with the requirements of these Regulations or the relevant Community provisions (regulation 6); and

e

apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 7).

No regulatory impact assessment has been prepared in relation to these Regulations as they have no impact on the cost of business.