The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022

Scottish Statutory Instruments

2022 No. 265

Agriculture

Food

The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022

Made

at 1.30 p.m. on 5th September 2022

Laid before the Scottish Parliament

at 3.50 p.m. on 5th September 2022

Coming into force

30th September 2022

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and 48(1)(c) of the Food Safety Act 1990(1) and all other powers enabling them to do so.

The Scottish Ministers have had regard to relevant advice given by Food Standards Scotland, in accordance with section 48(4A) of the Food Safety Act 1990(2).

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(3).

(1)

1990 c. 16 (“the 1990 Act”). Section 16(1) and section 48(1) were amended by paragraph 8 of schedule 5 of the Food Standards Act 1999 (c. 28) (“the 1999 Act”). Amendments made by schedule 5 of the 1999 Act which extend to Scotland are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions conferred on the Secretary of State under sections 16(1)(e) and 48(1)(c) of the 1990 Act, so far as within devolved competence were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

(2)

Section 48 was amended by section 3 of the Food (Scotland) Act 2015 (asp 1) (“the 2015 Act”), to substitute references to the Food Standards Agency for Food Standards Scotland. Section 48(6) was inserted by section 3 of the 2015 Act, in its application to Scotland, to read references to the Food Standards Agency as references to Food Standards Scotland. Subsection (4A) was inserted by paragraphs 7 and 21 of schedule 5 of the 1999 Act.

(3)

EUR 2002/178, incorporated into domestic law on IP completion day by section 3 of the European Union (Withdrawal) Act 2018 (c. 16) and amended by S.I. 2019/641 and 2022/377. S.I. 2019/641 came into force on IP completion day by virtue of paragraph 1(1) of schedule 5 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and was amended before it came into force by S.I. 2020/1504.