2013 No. 83
Food

The Food (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2013

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)(a), (b), (c) and (f), (2) and (3), 17(1) and (2), 26(1), (2)(a) and (3) and 48(1)(a) of the Food Safety Act 19901, 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 the references to Regulation 2023/2006 and Regulation 10/2011 in regulation 2 to be construed as references to Commission Regulation (EC) No. 2023/20063 and Commission Regulation (EU) No. 10/20114 respectively, as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, they have had regard to relevant advice given by the Food Standards Agency5.
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 safety6.

Citation, extent and commencement1.

These Regulations may be cited as the Food (Miscellaneous Amendment and Revocation) (Scotland) Regulations 2013, extend to Scotland only and come into force on 6th April 2013.

Amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 20122.

For regulation 20 of the Materials and Articles in Contact with Food (Scotland) Regulations 20127, substitute—

“20.

(1)

Each food authority in its area must execute and enforce—

(a)

Regulation 1935/2004, Regulation 1895/2005, Regulation 450/2009 and Regulation 10/2011;

(b)

the provisions of Regulation 2023/2006 specified in regulation 5; and

(c)

these Regulations.

(2)

The Food Standards Agency may also execute and enforce—

(a)

Articles 16(1) and 17(2) of Regulation 1935/2004; and

(b)

Article 13 of Regulation 450/2009.”.

Revocations3.

The Regulations specified in Schedule 1 are revoked.

Consequential amendments4.

Schedule 2 has effect.

MICHAEL MATHESON
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1Revocations

Regulation 3

Regulations revoked

References

The Arsenic in Food (Scotland) Regulations 1959

S.I. 1959/928

The Arsenic in Food (Scotland) Amendment Regulations 1960

S.I. 1960/2344

The Arsenic in Food (Scotland) Amendment Regulations 1973

S.I. 1973/1039

The Chloroform in Food (Scotland) Regulations 1980

S.I. 1980/289

SCHEDULE 2Consequential Amendments

Regulation 4

The Food and Drugs (Scotland) Act 1956 (Transfer of Enforcement Functions) Regulations 1983

1.

(1)

The Food and Drugs (Scotland) Act 1956 (Transfer of Enforcement Functions) Regulations 19838 is amended as follows.

(2)

In the table in Schedule 2, omit the entry for the Chloroform in Food (Scotland) Regulations 1980.

(3)

In the table in Schedule 3, omit the entry for the Arsenic in Food (Scotland) Regulations 1959.

The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 1985

2.

(1)

The Food (Revision of Penalties and Mode of Trial) (Scotland) Regulations 19859 is amended as follows.

(2)

In the table in Schedule 1, omit the entries for the Arsenic in Food (Scotland) Regulations 1959 and the Chloroform in Food (Scotland) Regulations 1980.

(3)

In the table in Schedule 2, omit the entry for the Chloroform in Food (Scotland) Regulations 1980.

The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990

3.

(1)

The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 199010 is amended as follows.

(2)

In the table in Part 1 of Schedule 1, omit the entry for the Chloroform in Food (Scotland) Regulations 1980.

(3)

In the table in Part 2 of Schedule 1, omit the entry for the Arsenic in Food (Scotland) Regulations 1959.

(4)

In the table in Schedule 2, omit the entries for the Arsenic in Food (Scotland) Regulations 1959 and the Chloroform in Food (Scotland) Regulations 1980.

(5)

In the table in Part 1 of Schedule 3, omit the entry for the Arsenic in Food (Scotland) Regulations 1959.

(6)

In the table in Part 2 of Schedule 3, omit the entry for the Chloroform in Food (Scotland) Regulations 1980.

(7)

In the table in Schedule 4, omit the entries for the Arsenic in Food (Scotland) Regulations 1959 and the Chloroform in Food (Scotland) Regulations 1980.

(8)

In the table in Schedule 6, omit the entries for the Arsenic in Food (Scotland) Regulations 1959 and the Chloroform in Food (Scotland) Regulations 1980.

(9)

In the table in Schedule 8, omit the entries for the Arsenic in Food (Scotland) Regulations 1959 and the Chloroform in Food (Scotland) Regulations 1980.

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

These Regulations amend regulation 20 of the Materials and Articles in Contact with Food (Scotland) Regulations 2012 (“the 2012 Regulations”) to make its meaning clearer.

Paragraph 1A of Schedule 2 to the European Communities Act 1972 is cited in the enabling powers for these Regulations because reference is made in regulation 2 to certain EU instruments which are defined in the 2012 Regulations as meaning those EU instruments as amended from time to time.

In addition, these Regulations revoke—

(a)

the Arsenic in Food (Scotland) Regulations 1959 and related amending instruments; and

(b)

the Chloroform in Food (Scotland) Regulations 1980.

Schedule 2 to these Regulations makes amendments consequential to the revocations.

A Business and Regulatory Impact Assessment has not been produced for this instrument as it has no impact on the costs of business.