The Food Enzymes (Scotland) Amendment Regulations 2010

Made: 3rd February 2010

Laid before the Scottish Parliament: 4th February 2010

Coming into force: 12th February 2010

There has been consultation as required by Article9 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[^f00003].

Citation and commencement

1

These Regulations may be cited as the Food Enzymes (Scotland) Amendment Regulations2010 and come into force on 12th February 2010.

Amendment of the Food Enzymes (Scotland) Regulations2009

2

• (1) The Food Enzymes (Scotland) Regulations2009[^f00004] are amended as follows.

• (2) For regulation 8 substitute—

(8) In the Schedule to the Caseins and Caseinates (Scotland) Regulations 1986[^f00005], in column 2 of Part II (technological adjuvants and bacterial cultures) after “rennet” and “other milk-coagulating enzymes” in each case add “meeting the requirements of Regulation (EC) No. 1332/2008[^f00006] of the European Parliament and of the Council on food enzymes”.

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 3rd February 2010

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations correct an error in the Food Enzymes (Scotland) Regulations2009. They amend the Caseins and Caseinates (Scotland) Regulations 1986 and delete from the 2009 Regulations the provision which purported to amend the Caseins and Caseinates Regulations 1985 (S.I. 1985/2026). Those 1985 Regulations do not in fact have any application in Scotland.

No Regulatory Impact Assessment has been prepared for this instrument as it has no impact on the costs of business.

Footnotes

[^f00001]: 1990 c.16: section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 16 was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”); and section 48 was amended by paragraph 21 of Schedule 5 to the 1999 Act and S.I. 2004/2990; amendments made by Schedule 5 to the 1999 Act shall 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 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 the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

[^f00002]: Section48(4A) was inserted by section40(1) of, and paragraph21 of Schedule5 to, the 1999 Act. Section48(4) was disapplied in respect of these Regulations by virtue of section48(4C) which was inserted by regulation5(b) of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I.2004/2990).

[^f00003]: O.J. No. L31, 1.2.02, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (O.J. No. L 188, 18.7.2009, p.14).

[^f00004]: S.S.I. 2009/435.

[^f00005]: S.I. 1986/836, as amended by S.I. 1990/1 and 2625, 1991/1476, 1992/2596 and S.S.I. 2005/616.

[^f00006]: O.J. No. L354, 31.12.08, p.7.