2019 No. 54
Exiting The European Union
Food

The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019

Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 M1 and all other powers enabling them to do so.

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.

Citation and commencement1.

These Regulations may be cited as the Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force on exit day.

Amendment of the Foods for Special Medical Purposes (Scotland) Regulations 2000F12.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Kava-kava in Food (Scotland) Regulations 20023.

(1)

The Kava-kava in Food (Scotland) Regulations 2002 M2 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

omit the definitions of “EEA State” and “free circulation”,

(b)

in the definition of “Kava-kava”, for “.”, substitute “ ; ”, and

(c)

after the definition of “Kava-kava”, insert–

““third country” means a country other than the United Kingdom.”.

(3)

In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava) for paragraph (2), substitute–

“(2)

The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from a third country if the food is being, or is to be, exported to the same or a different third country.”.

Amendment of the Food Supplements (Scotland) Regulations 20034.

(1)

The Food Supplements (Scotland) Regulations 2003 M3 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

omit the definition of “Directive 2001/83”,

(ii)

after the definition of “food supplement”, add—

““nutrients” means the following substances:

(i)

vitamins, and

(ii)

minerals;” and

(iii)

after the definition of “sell”, add—

““the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 M4;”, and

(b)

omit paragraphs (3) and (4).

(3)

In regulation 3 (scope of regulations), in paragraph (2) for “Directive 2001/83”, substitute “ regulation 2(1) of the Human Medicines Regulations 2012 M5 ”.

(4)

In regulation 5 (prohibitions on sale relating to composition of food supplements)–

(a)

in paragraph (1)—

(i)

in sub-paragraph (a) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”, and

(ii)

in sub-paragraph (b)(i) for “Annex II to Directive 2002/46”, substitute “ schedule 2 of the 2019 Regulations ”, and

(b)

in paragraph (2) for sub-paragraph (a), substitute—

“(a)

the purity criteria, if any, specified in retained EU law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or”.

(5)

In regulation 6 (restrictions on sale relating to labelling etc of food supplements), in paragraph (3)(b) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”.

Amendment of the Nutrition and Health Claims (Scotland) Regulations 20075.

(1)

The Nutrition and Health Claims (Scotland) Regulations 2007 M6 are amended as follows.

(2)

In regulation 3 (Competent Authorities) in paragraph (a) for “15(2), 16(2) and 18(2)”, substitute “ 15(1B) and (2), 16(2) and 18(1B) and (2) ”.

Amendment of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007F26.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 20097.

(1)

The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009 M7 are amended as follows.

(2)

In the schedule (specified provisions), in the “subject-matter” column of the table—

(a)

in the entry relating to Article 2(1), for “covered by Directive 2009/39 of the European Parliament and Council on foodstuffs intended for particular nutritional uses”, substitute “ (foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability) ”, and

(b)

in the entries relating to Article 4(2) and Article 4(3), for “EU legislation”, substitute “ retained EU law ”.

JOE FITZPATRICK
Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c. 16) to address failures of retained EU law to operate effectively, and other deficiencies, arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation in the field of food nutrition in relation to Scotland.

An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.