2011 No. 84

Food

The Drinking Milk (Scotland) Regulations 2011
Made
9th February 2011
Laid before the Scottish Parliament
11th February 2011
Coming into force
1st April 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 and sections 6(4), 16(1), 17, 26(1) and (3) and 48(1) of the Food Safety Act 1990 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 the references to the provisions of Article 114(2) of, and Annex XIII to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) to be construed as references to those provisions as amended from time to time.
The Scottish Ministers have carried out 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 safety .
To the extent that these Regulations are made in exercise of powers under the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of that Act .
1972 c.68 (“the 1972 Act”). Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) (“the 2006 Act”) and was amended by the European Union (Amendment) Act 2008 (c.7) (“the 2008 Act”), Schedule, Part 1.
1990 c.16 (“the 1990 Act”). Section 6(4) was amended by section 31 of, and paragraph 6 of Schedule 9 to, the Deregulation and Contracting Out Act 1994 (c.40), and by section 40(1) of, and paragraphs 7 and 10(3) of Schedule 5 to, the Food Standards Act 1999 (c.28) (“the 1999 Act”). Section 16(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the 1999 Act. Section 17 was amended by section 40(1) of, and paragraphs 7, 8 and 12(a) and (b) of Schedule 5 to, the 1999 Act. Section 26(3) was repealed in part by section 40(4) of, and Schedule 6 to, the 1999 Act. Section 48(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the 1999 Act. The requirement on the Scottish Ministers under section 48(4) to consult with such organisations as appear to them to be representative of interests likely to be substantially affected by this instrument is disapplied by virtue of section 48(4C), as inserted by S.I. 2004/2990, as consultation is required in respect of this instrument by Article 9 of Regulation (EC) No 178/2002. The amendments to the 1990 Act made by Schedule 5 to the 1999 Act which extend to Scotland are to be taken as a pre-commencement enactment for the purposes of the 1998 Act by section 40(2) of the 1999 Act. The functions of the Secretary of State, insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46) (“the 1998 Act”).
1972 c.68. Section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3) (which was amended by section 27(4) of the 2006 Act. Section 2(2) was also amended by section 27(1)(a) of the 2006 Act and by Schedule, Part 1 of the 2008 Act. The functions conferred upon the Minister of the Crown under section 2(2), insofar as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act.
O.J. L 299, 16.11.07, p.1. This Regulation was last amended by Regulation (EU) No 1234/2010 (O.J. L 346, 30.12.10, p.11).
O.J. L 31, 1.2.02, p.1, to which there are no amendments relevant to Article 9.
Section 48(4A) was inserted by section 40(1) of, and paragraphs 7 and 21 of Schedule 5 to, the 1999 Act.