2020 No. 156
Food

The Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020

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)(a) and (e), 17, 26(1) and (3) and 48(1) of the Food Safety Act 19901, section 2(2) 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)
Commission Implementing Regulation (EU) No 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food3, and
(b)
Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods4,

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

In accordance with section 48(4A) of the Food Safety Act 19905, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland.
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 European Food Safety Authority and laying down procedures in matters of food safety6.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020.

(2)

These Regulations come into force on 19 June 2020.

(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 paragraphs (2) to (5).

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

at the end of the definition of “Regulation 828/2014” omit “; and”,

(ii)

after the definition of “Regulation 828/2014” insert—

““Regulation 2018/775” means Commission Implementing Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food;”,

(iii)

at the end of the definition of “specified Regulation 828/2014 provision” insert “and”, and

(iv)

after the definition of “specified Regulation 828/2014 provision” add—

““specified Regulation 2018/775 provision” means a provision specified in column 1 as read with the provisions in column 2, of the table in Part 3 of schedule 3”, and

(b)

after paragraph (3A) insert—

“(3B)

Any reference to Regulation 2018/775 or a provision of Regulation 2018/775 in a provision of these Regulations, is a reference to Regulation 2018/775 or that provision of Regulation 2018/775 as amended from time to time.”

(3)

In regulation 10 (offences) after paragraph (aa) insert—

“(ab)

any specified Regulation 2018/775 provision, subject to regulation 10A;”.

(4)

After regulation 10 insert—

“Transitional Provision10A.

A person is not guilty of an offence under regulation 10(ab) if food placed on the market or labelled does not comply with any specified Regulation 2018/775 provision, provided that—

(a)

it was placed on the market or labelled prior to 19th June 2020, and

(b)

it complies with these Regulations as they applied prior to 19th June 2020.”.

(5)

In schedule 3 (specified provisions of FIC and of Regulation 828/2014)—

(a)

for the title substitute “Specified provisions of FIC, Regulation 828/2014 and Regulation 2018/775”, and

(b)

after Part 2 (specified provisions of regulation 828/2014 applying on and from 20 July 2016) add—

“PART 3Specified Regulation 2018/775 provisions enforceable on and from 19 June 2020

Specified Regulation 2018/775 provision

Provisions of Regulation 2018/775 to be read with the specified Regulation 2018/775 provision

Article 2 (indication of the country of origin or place of provenance of the primary ingredient)

Articles 1, 3 and 4

Article 3 (presentation of the information)

Articles 1 and 4”.

Amendment of the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 20073.

(1)

The Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 20078 are amended in accordance with paragraphs (2) and (3).

(2)

In regulation 4(1) (offences and penalties) after “subject to” insert “regulation 4A and”.

(3)

After regulation 4 insert—

“Transitional provision in relation to food containing substance listed in Annex III, Part B of the EC regulation4A.

A person is not guilty of an offence under paragraph (1) of regulation 4 by virtue of paragraph (2)(g) of that regulation if—

(a)

the food is placed on the market before 1st April 2021, and

(b)

the substance concerned falls within the entry in Annex III, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin.”.

JOE FITZPATRICK
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

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

These Regulations make provision to enforce, the requirements of Commission Implementing Regulation (EU) No 2018/775 on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food (“Regulation 2018/775”).

Regulation 2 makes amendments to the Food Information (Scotland) Regulations 2014 to ensure that Articles 2 and 3 of Regulation 2018/775 can be enforced.

The effect of the amendments is that, subject to transitional provisions, it is an offence to fail to comply with Articles 2 and 3 of Regulation 2018/775.

Regulation 3 inserts a new transitional provision (regulation 4A) into the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007. This has the effect that no offence is committed in respect of any food placed on the market before 1st April 2021 that does not comply with the provisions relating to artificial trans fats in Annex III, Part B of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods. This reflects the transitional provision contained in article 4 of Commission Regulation (EU) 2019/649 of 24 April 2019 amending Annex III to Regulation (EC) No 1925/2006 of the European Parliament and of the Council as regards trans fat, other than trans fat naturally occurring in fat of animal origin.

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.