The Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023
The Scottish Ministers have had regard to relevant advice given by Food Standards Scotland in accordance with section 50(1)(a) of the Food (Scotland) Act 2015.
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023.
(2)
These Regulations come into force on 30 June 2023.
(3)
In these Regulations—
(a)
(b)
“the 2015 Act” means the Food (Scotland) Act 2015.
Meaning of relevant offence, specified standard and specified period2.
(1)
For the purposes of Part 3 (administrative sanctions) of the 2015 Act, as it applies to compliance notices, an offence specified in the schedule is a “relevant offence”.
(2)
The “specified standard” for the purposes of section 42(3) (compliance notices) of the 2015 Act is on the balance of probabilities.
(3)
The “specified period” for the purposes of section 43(3) (content and form of a compliance notice) of the 2015 Act is 14 days.
Application of provisions of the 1990 Act3.
The following provisions of the 1990 Act apply for the purposes of the provisions of the 2015 Act mentioned, subject to the modifications specified—
(a)
section 30(8) (documentary evidence in proceedings for offences) applies for the purposes of sections 44 (failure to comply with a compliance notice) and 48 (appeal against a compliance notice) of the 2015 Act with the modification that the reference to “this Act” is to be read as a reference to Part 3 of 2015 Act, as that Part applies to compliance notices,
(b)
section 34 (time limit for prosecutions) applies for the purposes of section 44 (failure to comply with a compliance notice) of the 2015 Act with the modification that the reference to “this Act which is punishable under section 35(A1), (A2) or (2) below” is to be read as a reference to section 44 of the 2015 Act,
(c)
section 40 (power to issue codes of practice) applies for the purposes of Part 3 of the 2015 Act as that Part applies to compliance notices with the modifications that—
(i)
any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act, as that Part applies to compliance notices,
(ii)
any reference to a “food authority” is to be read as a reference to an enforcement authority,
(d)
section 49(3) to (5) (form and authentication of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modifications that any reference to a “food authority” is to be read as a reference to an enforcement authority,
(e)
section 50 (service of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modification that any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act as that Part applies to compliance notices.
St Andrew’s House,
Edinburgh
SCHEDULERelevant Offences for the purposes of Part 3 of the 2015 Act as it applies to compliance notices
The Quick-frozen Foodstuffs Regulations 1990
1.
(a)
regulation 3 (sale of quick-frozen foodstuffs),
(b)
regulation 4 (packaging of quick-frozen foodstuffs intended for supply to the ultimate consumer),
(c)
regulation 5(1), (2), (3) and (4) (labelling of quick-frozen foodstuffs),
(d)
regulation 6 (equipment),
(e)
regulation 7(1A) (penalties and enforcement).
Food (Lot Marking) Regulations 1996
2.
Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997
3.
Bread and Flour Regulations 1998
4.
(a)
regulation 4(4)(a) and (4)(b)(ii) (composition of flour),
(b)
regulation 5 (additional ingredients),
(c)
regulation 6(2) (restrictions on the use of the words ‘wholemeal’ and ‘wheatgerm’).
Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001
5.
Kava-kava in Food (Scotland) Regulations 2002
6.
Food Supplements (Scotland) Regulations 2003
7.
Cocoa and Chocolate Products (Scotland) Regulations 2003
8.
Condensed Milk and Dried Milk (Scotland) Regulations 2003
9.
Specified Sugar Products (Scotland) Regulations 2003
10.
Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004
11.
(a)
regulation 4 (restrictions on the sale of processed CEREAL-BASED foods and baby foods),
(b)
regulation 5(1), (3) and (4) (general requirements as to manufacture and composition),
(c)
regulation 6 (added nutritional substances and nutrients),
(d)
regulation 7 (pesticide residues),
(e)
regulation 8 (labelling).
Jam and Similar Products (Scotland) Regulations 2004
12.
Genetically Modified Food (Scotland) Regulations 2004
13.
General Food Regulations 2004
14.
(a)
regulation 4(b) (Article 14(1) food safety requirements),
(b)
regulation 4(c) (Article 16 (presentation) in so far as it relates to food),
(c)
regulation 4(d) (Article 18(2) or (3) (traceability) in so far as it relates to food business operators),
(d)
regulation 4(e) (Article 19(4) responsibilities for food: food business operators).
Tryptophan in Food (Scotland) Regulations 2005
15.
Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007
16.
(a)
regulation 4(2)(a) (Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules)),
(b)
regulation 4(2)(b) (Article 4 (prohibition on addition of vitamins and minerals to certain foods)),
(c)
regulation 4(2)(c) (Article 5(2) (requirement to observe purity criteria)),
(d)
regulation 4(2)(d) (Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined)),
(e)
regulation 4(2)(e) (Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added) as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission regulation (EC) No 608/2004).
Nutrition and Health Claims (Scotland) Regulations 2007
17.
Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007
18.
Specified Products from China (Restriction on First Placing on the Market) (Scotland) Regulations 2008
19.
Food Irradiation (Scotland) Regulations 2009
20.
(a)
regulation 6(1)(b) (restriction on storage or transport),
(b)
regulation 8(1)(b) (documentation for food not ready for final sale).
Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009
21.
Plastic Kitchenware (Conditions on Imports from China) (Scotland) Regulations 2011
22.
Materials and Articles in Contact with Food (Scotland) Regulations 2012
23.
(a)
regulation 4(3) (offences of contravening specified provisions of Regulation 1935/2004),
(b)
regulation 5 (offence of contravening Article 4 of Regulation 2023/2006),
(c)
regulation 7 (offences of contravening specified provisions of Regulation 450/2009),
(d)
regulation 14 (offences of contravening specified provisions of Regulation 10/2011),
(e)
regulation 16(4) (restrictions on the use of epoxy derivatives (BADGE, BFDGE and NOGE),
(f)
regulation 19(1) (offences and penalties).
Fish Labelling (Scotland) Regulations 2013
24.
Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013
25.
(a)
regulation 3 (offence of contravening EU requirements on food additives),
(b)
regulation 4 (offence of contravening EU requirements on flavourings, including smoke flavourings),
(c)
regulation 5 (offence of contravening EU requirements on flavourings, including smoke flavourings),
(d)
regulation 6 (offence of contravening EU requirements on food enzymes),
(e)
regulation 15(1) (offences and penalties).
Fruit Juices and Fruit Nectars (Scotland) Regulations 2013
26.
Products Containing Meat etc. (Scotland) Regulations 2014
27.
The Food Information (Scotland) Regulations 2014
28.
Honey (Scotland) Regulations 2015
29.
Country of Origin of Certain Meats (Scotland) Regulations 2016
30.
Food for Specific Groups (Scotland) Regulations 2016
31.
The Caseins and Caseinates (Scotland) (No. 2) Regulations 2016
32.
(a)
regulation 4 (restriction on the marketing and use of edible acid caseins, edible rennet caseins and edible caseinates),
(b)
regulation 5(1) and (2) (labelling of edible acid caseins, edible rennet caseins and edible caseinates).
Novel Foods (Scotland) Regulations 2017
33.
Food for Specific Groups (Infant Formula and Follow-On Formula) (Scotland) Regulations 2020
34.
Part 3 of the Food (Scotland) Act 2015 (“the 2015 Act”) provides for the creation of compliance notices in relation to specified offences under food legislation. These regulations specify relevant offences in relation to which compliance notices can be used.
Regulation 2(1) introduces the schedule. Regulation 2(2) provides for the evidentiary standard to which an authorised officer must be satisfied before they can issue a compliance notice under section 42 of the 2015 Act. Regulation 2(3) provides for the “specified period” which is the minimum period of time in which the required steps are to be taken to cease to commit a relevant offence as set out in section 43(1)(d), (2) and (3) of the 2015 Act.
Regulation 3 applies, with modifications, specified provisions of the Food Safety Act 1990 to section 42 (compliance notices), section 44 (failure to comply with a compliance notice), section 47 (withdrawal of a compliance notice), section 48 (appeal against a compliance notice) and Part 3 generally of the 2015 Act.
The schedule specifies relevant offences in relation to which a compliance notice may be issued under section 42 of the 2015 Act.
A full Business and Regulatory Impact Assessment of the effect that this instrument will have on the costs of business, the consumer 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 House, Aberdeen, AB11 5RL.