The Novel Foods (Scotland) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the enforcement and execution of certain specified provisions of Regulation (EU) 2015/2283 of the European Parliament and of the Council amending Regulation (EU) 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) 258/97 of the European Parliament and of the Council and Commission Regulation (EC) 1852/2001.

Regulation (EU) 2015/2283 revises the requirements for placing novel foods on the market. The requirements have been updated in accordance with technical and scientific progress and include an updated definition of what constitutes a “novel food” and the European Commission will establish a European Union list of approved novel foods. Food business operators must verify that the food they intend to put on the market falls within the scope of Regulation (EU) 2015/2283 and, where they are unsure, they are under an obligation to consult the Member State where they first intend to place the food on the market.

Regulation 3 makes food authorities responsible for the enforcement of these Regulations.

Regulation 4 provides for offences and penalties.

Regulation 5 applies specified provisions of the Food Safety Act 1990 (1990 c.16) (with modifications) to these Regulations.

Regulation 6 revokes the Novel Foods and Novel Food Ingredients Regulations 1997 (S.I. 1997/1335) and the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336) in relation to Scotland.

A full business and regulatory impact assessment of the effect these Regulations will have on the costs for the business 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.