2016 No. 191

Food

The Food Information (Scotland) Amendment Regulations 2016

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17, 18, 26, and 48(1) of, and paragraph 1 of schedule 1 of, the Food Safety Act 19901, section 2(2) of, and paragraph 1A of schedule 2 of, 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 any reference to specified provisions of—

a

Regulation (EU) No 1169/20113 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004; and

b

Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food4,

to be construed as a reference to those provisions of those Regulation as amended from time to time.

So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland in accordance with section 48(4A)5 and (6) of that Act.

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 safety, during the preparation and evaluation of the following Regulations6.

Citation commencement interpretation and extent1

1

These Regulations may be cited as the Food Information (Scotland) Amendment Regulations 2016.

2

These Regulations come into force on 20th July 2016.

3

In these Regulations, “the 2014 Regulations” means the Food Information (Scotland) Regulations 20147.

Amendment of the 2014 Regulations2

1

The 2014 Regulations are amended in accordance with this regulation.

2

In regulation 2 (interpretation)—

a

in paragraph (1), after the definition of “prepacked food”, insert—

  • “Regulation 828/2014” means Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food;

b

in paragraph (1), in the definition of “specified FIC provision”, after “column 2, of” insert “the tables in Parts 1 and 2 of”;

c

in paragraph (1), after the definition of “specified FIC provision”, add—

  • “specified Regulation 828/2014 provision” means a provision specified in column 1, as read with column 2, of the table in Part 1A of schedule 3

d

after paragraph (3), insert—

3A

Any reference to Regulation 828/2014 or a provision of Regulation 828/2014 in a provision of these Regulations listed in paragraph (4), is a reference to Regulation 828/2014 or that provision of Regulation 828/2014 as amended from time to time.

e

in paragraph (4)—

i

in sub-paragraph (a), after “FIC”, insert “and “Regulation 828/2014””; and

ii

in sub-paragraph (i), for “(specified FIC provisions)” substitute “(specified provisions of FIC and Regulation 828/2014)”.

3

In regulation 10, after sub-paragraph (a), insert—

aa

any specified Regulation 828/2014 provision;

4

In regulation 12 (application of provisions of the Act)—

a

in sub-paragraph (3)(a)—

i

after “provision” insert “of information”; and

ii

after “consumers” insert “, or Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food,”; and

b

in sub-paragraph (3)(c)(i) after “FIC provision”, insert “or a specified Regulation 828/2014 provision”.

5

In schedule 3 (specified FIC provisions)—

a

for the title substitute “Specified provisions of FIC and of Regulation 828/2014”;

b

after Part 1 (Specified FIC provisions applying on and from 13th December 2014), insert—

PART 1ASpecified provisions of Regulation 828/2014 applying on and from 20th July 2016

Specified provision of Regulation 828/2014

Provisions to be read with the specified provision of Regulation 828/2014

Article 3(1)

Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2, 3(2) and (3) and the Annex to Regulation 828/2014.

Article 4

Article 2 of Regulation 828/2014

Revocations3

The Foodstuffs Suitable for People Intolerant to Gluten (Scotland) Regulations 2010 are revoked9.

AILEEN CAMPBELLAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision to enforce in Scotland the requirements of Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (“Regulation 828/2014”).

Regulation 2 makes amendments to the Food Information (Scotland) Regulations 2014 to ensure that Articles 3(1) and 4 of Regulation 828/2014 can be enforced. In particular, they have the effect of making it an offence to fail to comply with those Articles and they ensure that powers of entry are available under section 32 of the Food Safety Act 1990 for the purposes of enforcing those Articles.

Regulation 3 revokes the Foodstuffs Suitable for People Intolerant to Gluten (Scotland) Regulations 2010.

A full business and regulatory impact assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the public sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from Food Standards Scotland, Pilgrim House, Old Ford Road, Aberdeen, AB11 5RL.