Search Legislation

Advanced Search

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013

Help about what version

What Version

Help about advanced features

Advanced Features

Changes over time for: The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (without Schedules)

Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

PART 1 SIntroductory

Modifications etc. (not altering text)

Citation, extent and commencementS

1.  These Regulations may be cited as the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013, extend to Scotland only and come into force on 31st October 2013.

InterpretationS

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

F1...

“Regulation 2065/2003” means Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods M1;

“Regulation 1332/2008” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes M2;

“Regulation 1333/2008” means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives M3, as read with—

(a)

Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives M4;

(b)

Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives for use in food additives, food enzymes, food flavourings and nutrients M5; and

(c)

Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council M6;

“Regulation 1334/2008” means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods M7, as read with Commission Regulation (EU) No 873/2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex I to Regulation (EC) 1334/2008 of the European Parliament and of the Council M8;

“authorised officer” means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;

(2) Other expressions used in these Regulations and in the F2... instruments listed in paragraph (4) have the same meaning in these Regulations as they do in those instruments.

(3) Any reference in these Regulations to an Article of or Annex to any of the F3... instruments listed in paragraph (4) is a reference to that Article or Annex as amended from time to time.

(4) The [F4instruments are] Regulation 2065/2003, Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings M9, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

(5) The expression “the [F5assimilated] Regulations” means Regulation 2065/2003, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

Textual Amendments

Marginal Citations

M1OJ L 309, 26.11.2003, p.1. This instrument was amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ L 188, 18.7.2009, p.14).

M2OJ L 354, 31.12.2008, p.7. This instrument was last amended by Commission Regulation (EU) No 1056/2012 (OJ L 313, 13.11.2012, p.9).

M3OJ L 354, 31.12.2008, p.16. This instrument was last amended by Commission Regulation (EU) No 739/2013 (OJ L 204, 31.7.2013, p.35.).

M4OJ L 295, 12.11.2011, p.1.

M5OJ L 295, 12.11.2011, p.178.

M6OJ L 83, 22.3.2012, p.1. This instrument was last amended by Commission Regulation (EU) No. 497/2013 (OJ L 143, 30.5.2013, p.20).

M7OJ L 354, 31.12.2008, p.34. This instrument was last amended by Commission Regulation (EU) No 545/2013 (OJ L 163, 14.06.2013, p.15).

M8OJ L 267, 2.10.2012, p.162.

M9OJ L 354, 31.12.2008, p.1. This instrument is implemented by Commission Regulation (EU) No 234/2011 (OJ L 64, 11.03.2011, p.15) and that Regulation has been amended by Commission Implementing Regulation (EU) No 562/2012 (OJ L 168, 28.06.12, p.21).

PART 2 SFood additives, flavourings and enzymes

Offence of contravening EU requirements on food additivesS

3.  Any person who contravenes, or who uses or places on the market a product that fails to comply with, any of the provisions of Regulation 1333/2008 specified in the first column of Schedule 1, as read with transitional measures contained in or to be read with that Regulation, commits an offence.

Offence of contravening EU requirements on flavourings, including smoke flavouringsS

4.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1334/2008 specified in the first column of Schedule 2, as read with Article 4 (flavouring substances under evaluation) of Commission Implementing Regulation (EU) No 872/2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council M10 and with transitional measures contained in or to be read with Regulation 1334/2008, commits an offence.

Marginal Citations

M10OJ L 267, 2.10.2012, p.1.

5.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 2065/2003 specified in the first column of Schedule 3, as read with Article 20 (transitional measures) of that Regulation, commits an offence.

Offence of contravening EU requirements on food enzymesS

6.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1332/2008 specified in the first column of Schedule 4, as read with Articles 18 and 24 (transitional measures) of that Regulation, commits an offence.

PART 3 SExtraction solvents

Modifications etc. (not altering text)

Controls on extraction solventsS

F67.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

8.  The provisions of this Part do not apply to any extraction solvent—

(a)used in the production of any food additives, vitamins or any other nutritional additives, unless such food additives, vitamins or other nutritional additives are listed in [F7schedule 6]; or

(b)intended for export outside [F8Great Britain].

Textual Amendments

9.  In this Part “permitted extraction solvent” means—

(a)an extraction solvent that—

(i)is listed in [F9schedule 6];

(ii)is used in accordance with the conditions of use and within any maximum residue limits specified in [F10schedule 6];

(iii)does not contain a toxicologically dangerous amount of any element or substance; [F11and]

(iv)subject to any exceptions deriving from specific purity criteria, does not contain more than 1 mg/kg of arsenic or more than 1 mg/kg lead; F12...

F13(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)water to which substances regulating acidity or alkalinity may have been added; or

(c)food substances which possess solvent properties.

Textual Amendments

10.  No person may use as an extraction solvent in the production of food any extraction solvent that is not a permitted extraction solvent.

11.—(1) No person may place on the market—

(a)an extraction solvent that is not a permitted extraction solvent; or

(b)any food having in it or on it an added extraction solvent that is not a permitted extraction solvent.

(2) No person may place on the market an extraction solvent that does not meet the requirements of regulation 12.

12.—(1) Subject to paragraph (2), the following information must appear on the packaging, container or label—

(a)the commercial name as indicated in [F14schedule 6];

(b)a clear indication that the material is of a quality suitable for use for the extraction of food or food ingredients;

(c)a reference by which the batch or lot may be identified;

(d)the name or business name and address of the manufacturer or packer or of a seller established in the [F15United Kingdom];

(e)the net quantity given as units of volume; and

(f)if necessary, the special storage conditions or conditions of use.

(2) The particulars specified in subparagraphs (c), (d), (e) and (f) of paragraph (1) may alternatively appear on the trade documents relating to the batch or lot which are to be supplied with, or prior to, the delivery.

(3) The information specified in paragraph (1) must be easily visible, clearly legible and indelible.

(4) The information specified in paragraph (1) may be provided in more than one language, but at least one of those languages must be easily understood by the purchaser unless other measures have been taken to ensure that the purchaser is informed of the specified information.

Textual Amendments

PART 4SAdministration and enforcement

[F16Authority] S

13.  The F17... authority for the purpose of Article 7 of Regulation 2065/2003 is [F18the Food Standards Scotland].

Textual Amendments

Enforcement authoritiesS

14.  It is the duty of each food authority within its area to execute and enforce these Regulations and the [F19assimilated] Regulations.

Textual Amendments

Offences and penaltiesS

15.—(1) Any person who contravenes regulation 10 or 11 commits an offence.

(2) Any person who commits an offence under regulation 3, 4, 5, 6 or 15(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

[F20Transitional provision: withdrawal from the EUS

15A.  A person is to be considered not to have contravened regulation 11(2), as it applies to regulation 12(1)(d), in the following circumstances—

(a)an extraction solvent has the name or business name and address of the manufacturer or packer, or of a seller established in the territory of the European Union, appearing on the packaging, container or label,

(b)this would have complied with regulation 11(2), as it applies to regulation 12(1)(d) immediately before IP completion day, and

(c)the extraction solvent is placed on the market no later than [F2131 December 2023].]

Textual Amendments

Condemnation of foodS

16.—(1) Paragraph (2) applies where it appears to an authorised officer that—

(a)a product fails to comply with any of the requirements specified in the first column of Schedule 1, as read with transitional measures contained in or to be read with Regulation 1333/2008;

(b)a product fails to comply with any of the requirements specified in the first column of Schedule 2, as read with Article 4 of Commission Implementing Regulation (EU) No 872/2012 and as read with transitional measures contained in or to be read with Regulation 1334/2008;

(c)a product fails to comply with any of the requirements specified in the first column of Schedule 3, as read with Article 20 of Regulation 2065/2003;

(d)a product fails to comply with any of the requirements specified in the first column of Schedule 4, as read with Articles 18 and 24 of Regulation 1332/2008; or

(e)a food is placed on the market in contravention of the prohibition in regulation 11(1)(b).

(2) Where this paragraph applies, subsections (3) to (9) of section 9 of the Act apply with the following modifications—

(a)references to “food” are to be read as including a reference to “product”;

(b)references to “food safety requirements” are to be read as including a reference to—

(i)any of the requirements referred to in sub-paragraphs (1)(a) to (d);

(ii)the prohibition referred to in sub-paragraph (1)(e).

Application of various provisions of the Food Safety Act 1990S

17.—(1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations—

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

(b)section 21 (defence of due diligence) M11 with the modification that—

(i)subsections (2) to (4) apply in relation to an offence under regulation 3, 4, 5, 6 or 15 as they apply in relation to an offence under section 14 or 15; and

(ii)in subsection (4) the references to “sale” are deemed to include references to “placing on the market”;

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

(d)section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by paragraph (2)(b);

(e)section 35(2) and (3) M12, in so far as it relates to offences under section 33(2) as applied by paragraph (2)(c);

(f)section 36 (offences by bodies corporate); and

(g)section 36A (offences by Scottish partnerships) M13.

(2) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act is to be construed as including a reference to the [F22assimilated] Regulations and these Regulations—

(a)section 3 (presumption that food intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;

(b)section 33(1) (obstruction etc. of officers);

(c)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b); and

(d)section 44 (protection of officers acting in good faith).

(3) Section 34 of the Act (time limit for prosecutions) applies to offences under these Regulations as it applies to offences punishable under section 35(2) of the Act.

Textual Amendments

Marginal Citations

PART 5 SGeneral

Consequential and other amendmentsS

18.—F23(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In regulation 2(1) (interpretation) of the Jam and Similar Products (Scotland) Regulations 2004 M14, in the definition of “permitted sweetener” for the expression “the Food Additives (Scotland) Regulations 2009” substitute “ Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives ”.

Textual Amendments

Marginal Citations

M14S.S.I. 2004/133; the relevant amendment is S.S.I. 2009/436.

RevocationsS

19.  The instruments listed in the first column of Schedule 5 are revoked to the extent specified in the second column.

MICHAEL MATHESON

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources