2010 No. 307
Food

The Nutrition and Health Claims (Scotland) Amendment Regulations 2010

Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 19901, as read with paragraph 1A of Schedule 2 to the European Communities Act 19722, and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for references to the Annex to the EU instrument mentioned in regulation 2 to be construed as references to that Annex as it may be amended from time to time.

In accordance with section 48(4A) of the Food Safety Act 1990 the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency3.
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 safety4.

Citation and commencement1.

These Regulations may be cited as the Nutrition and Health Claims (Scotland) Amendment Regulations 2010 and come into force on 1st October 2010.

Amendment to the Nutrition and Health Claims (Scotland) Regulations 20072.

In regulation 2(1) (interpretation) of the Nutrition and Health Claims (Scotland) Regulations 20075 for the definition of “the Regulation” substitute—
““the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time6.”.
SHONA ROBISON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the definition of “the Regulation” contained in regulation 2 of the Nutrition and Health Claims (Scotland) Regulations 2007 (“the 2007 Regulations”). The effect of the amendment is that the reference in the 2007 Regulations to the Regulation now includes any subsequent amendments to its Annex, which consists of the list of authorised nutrition claims and conditions relating to their use.

A full business regulatory impact assessment has not been prepared for these Regulations as no impact on the voluntary or private sectors is foreseen.