Scottish Statutory Instruments
Food
Made
at 12.45 p.m. on 8th March 2021
Laid before the Scottish Parliament
at 4.30 p.m. on 8th March 2021
Coming into force
26th March 2021
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1)(a) and (e), 26(1) and (3) and 48(1) of the Food Safety Act 1990(1) and all other powers enabling them to do so.
In accordance with section 48(4A) of the Food Safety Act 1990(2), the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland.
The urgency of this matter does not allow for open and transparent public consultation through representative bodies 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(3), during the preparation and evaluation of these Regulations.
1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), schedule 9, paragraph 6, the Food Standards Act 1999 (c.28) (“the 1999 Act”), schedule 5, paragraph 10(1) and (3) and S.I. 2002/794. Sections 16(1) and 48(1) were amended by the 1999 Act, schedule 5, paragraph 8 and section 16(1) was also amended by the Food (Scotland) Act 2015 (asp 1), section 34(1). Section 26(3) was partially repealed by the 1999 Act, schedule 6, paragraph 1. Amendments made by schedule 5 of the 1999 Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, and in so far as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by S.I. 2005/849.
Section 48(4A) was inserted by the 1999 Act, schedule 5, paragraph 21.
EUR 2002/178, to which there are amendments, but none are relevant.