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The Foods for Specific Groups (Scotland) Regulations 2016
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- 2016 No. 190
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Regulation 2
SCHEDULE 1S[F1Specified requirements]
Textual Amendments
F1Sch. 1 heading substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 4(4)(a)
Commencement Information
| [F2Column 1 | Column 2 |
|---|---|
| Specified provision of the EU Regulation | Provisions of the EU Regulation to be read with the specified provision of the EU Regulation |
| F3. . . | F3. . . |
| Article 4(2) (requirement for food to be pre-packed) | Articles 1(1) and 4(1) |
| Article 9(1) (requirement for the composition of food to be nutritionally appropriate and suitable) | Articles 1(1), 4(1), 9(3) and (4) |
| Article 9(2) (prohibition on substances in dangerous quantities) | Articles 1(1) and 4(1) |
| F4. . . | F4. . . |
| Article 9(5) (requirements as to labelling, presentation and advertising of food) | Articles 1(1), 4(1) and 9(6) |
| Article 10 (additional requirements for infant formula and follow-on formula) | Article 4(1) |
| [F5[F6Article 15(1) (GB list)] | Article 1(1)(a) and (c) and Articles 4(1) and 15(3) and the Annex, insofar as they apply to infant formula and follow-on formula and food for special medical purposes] |
| [F7Specified provision of the Delegated Regulation | Provisions of the Delegated Regulation to be read with the specified provision of the Delegated Regulation |
|---|---|
| Article 2(2) (requirement for the formulation of food for special medical purposes to be based on sound medical and nutritional principles) | Article 1 |
| The first sub-paragraph of Article 2(3) (requirement for food for special medical purposes developed to satisfy the nutritional requirements of infants to comply with the compositional requirements in Part A of Annex I) | Articles 1 and 2(4) and Part A of Annex I |
| The second sub-paragraph of Article 2(3) (requirement for food other than that developed to satisfy the nutritional requirements of infants to comply with the compositional requirements in Part B of Annex I) | Articles 1 and 2(4) and Part B of Annex I |
| Article 3(2) (residue threshold for certain active substances where food for special medical purposes is developed to satisfy the nutritional requirements of infants and young children) | Articles 1 and 3(1), (3) and (5) |
| Article 3(3) (maximum residue levels for substances listed in Annex II) | Articles 1 and 3(1) and (5) and Annex II |
| Article 3(4) (requirements on plant protection products) | Articles 1 and 3(1), (5) and Annex III |
| Article 4 (name of the food) | Article 1 and Annex IV |
| Article 5(1) (requirement for food for special medical purposes to comply with Regulation (EU) No 1169/2011 unless otherwise specified) | Articles 1 and 5(2) |
| Article 5(2) (additional mandatory particulars) | Articles 1 and 5(1) and (3) |
| Article 5(3) (application of articles 13(2) and (3) of Regulation (EU) No 1169/2011 to additional mandatory particulars) | Articles 1 and 5(1) and (2) |
| Article 6(1) (mandatory nutrition declaration) | Articles 1 and 6(3) |
| Article 6(2) (prohibition of repetition of information) | Article 1 |
| Article 6(4) (application of articles 31 to 35 of Regulation (EU) No 1169/2011) | Articles 1 and 6(3) and (5) |
| Article 6(5) (energy value and amount of nutrients of food for special medical purposes) | Articles 1 and 6(4) |
| Article 6(6) (prohibition of expressing energy value and amount of nutrients as a percentage of reference intakes) | Articles 1 and 6(4) |
| The first sub-paragraph of Article 6(7) (presentation of nutrition declaration particulars) | Articles 1 and 6(4) |
| The second sub-paragraph of Article 6(7) (placement of nutrition declaration particulars) | Articles 1 and 6(4) |
| The third sub-paragraph of Article 6(7) (indication of amount of sodium) | Articles 1 and 6(4) |
| Article 7 (nutrition and health claims) | Article 1 |
| Article 8(1) (requirement for mandatory particulars to appear in a language easily understood by consumers) | Article 1 |
| The first sub-paragraph of Article 8(2) (prohibition of pictures of infants or certain other pictures or text) | Article 1 |
| Article 8(3) (requirements relating to labelling, presentation and advertising) | Article 1 |
| The first sub-paragraph of Article 8(4) (restriction on publication) | Article 1 and the third sub-paragraph of Article 8(4) |
| Article 8(5) (prohibition on use of promotional devices to induce sales) | Article 1 |
| Article 8(6) (prohibition on providing free or low-priced products, samples or other promotional gifts) | Article 1 |
| Article 9 (notification) | Article 1]] |
Textual Amendments
F2Sch. 1 Table substituted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(3)
F3Words in sch. 1 omitted (22.2.2020) by virtue of The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/7), reg. 1, sch. 1 para. 1(4)(a)(i)
F4Words in sch. 1 omitted (22.2.2020) by virtue of The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/7), reg. 1, sch. 1 para. 1(4)(a)(ii)
F5Words in sch. 1 inserted (22.2.2020) by The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/7), reg. 1, sch. 1 para. 1(4)(a)(iii)
F6Words in sch. 1 substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 4(4)(b)
Regulation 5
SCHEDULE 2SModification of provisions of the Act
| Provision of the Act | Modifications |
|---|---|
| Section 3 (presumptions that food intended for human consumption) | In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 20 (offences due to fault of another person) | For “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 21(1) (defence of due diligence) | In subsection (1), for “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 22 (defence of publication in the course of business) | In subsection (1), for “any of the preceding provisions of this Part” substitute “any provision of the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 29 (procurement of samples) | In paragraph (b)(ii), after “under section 32 below” insert “including under section 32 as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 30(8) (evidence of certificates given by a food analyst or examiner) | For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 32 (powers of entry) | In subsection (1), for paragraphs (a) to (c) substitute “(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of a specified EU requirement (as defined in regulation 2 of the Foods for Specific Groups (Scotland) Regulations 2016); (b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement; and (c) when exercising a power of entry under this section, to exercise the associated powers in sub-sections (5) and (6) relating to records.”. |
| Section 33 (obstruction etc. of officers) | In subsection (1), for “this Act” (in each place where it occurs) substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 35(1) (punishment of offences) | After “section 33(1) above” insert “as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016,”. |
| Section 36 (offences by bodies corporate) | In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 36A(2) (offences by Scottish partnerships) | For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”. |
| Section 44 (protection of officers acting in good faith) | For “this Act”— (a) where it first appears substitute “the Foods for Specific Groups (Scotland) Regulations 2016 (“the 2016 Regulations”)”; and (b) on each other occasion it appears substitute “the 2016 Regulations”. |
(1)
Section 21(2) was amended by S.I. 2004/3279.
(2)
Section 36A was inserted by the Food Standards Act 1999, schedule 5, paragraph 16.
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