2020 No. 156
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—
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
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
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.
(This note is not part of the Regulations)