The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019

Made: 18th February 2019

Laid before the Scottish Parliament: 19th February 2019

Coming into force in accordance with regulation 1

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 and all other powers enabling them to do so.

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.

Citation and commencement

1

These Regulations may be cited as the Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force on exit day.

Amendment of the Foods for Special Medical Purposes (Scotland) Regulations 2000

2

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Amendment of the Kava-kava in Food (Scotland) Regulations 2002

3

• (1) The Kava-kava in Food (Scotland) Regulations 2002 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) omit the definitions of “EEA State” and “free circulation”,

• (b) in the definition of “Kava-kava”, for “.”, substitute “ ; ”, and

• (c) after the definition of “Kava-kava”, insert–

“third country” means a country other than the United Kingdom.

• (3) In regulation 3 (prohibition on sale etc. of food consisting of or containing Kava-kava) for paragraph (2), substitute–

(2) The prohibition imposed by paragraph (1) shall not apply where the food consisting of or containing Kava-kava is imported from a third country if the food is being, or is to be, exported to the same or a different third country.

Amendment of the Food Supplements (Scotland) Regulations 2003

4

• (1) The Food Supplements (Scotland) Regulations 2003 are amended as follows.

• (2) In regulation 2 (interpretation)—

• (a) in paragraph (1)—

• (i) omit the definition of “Directive 2001/83”,

• (ii) after the definition of “food supplement”, add—

“nutrients” means the following substances: (i) vitamins, and (ii) minerals;

and

• (iii) after the definition of “sell”, add—

“the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 ;

, and

• (b) omit paragraphs (3) and (4).

• (3) In regulation 3 (scope of regulations), in paragraph (2) for “Directive 2001/83”, substitute “ regulation 2(1) of the Human Medicines Regulations 2012 ”.

• (4) In regulation 5 (prohibitions on sale relating to composition of food supplements)–

• (a) in paragraph (1)—

• (i) in sub-paragraph (a) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”, and

• (ii) in sub-paragraph (b)(i) for “Annex II to Directive 2002/46”, substitute “ schedule 2 of the 2019 Regulations ”, and

• (b) in paragraph (2) for sub-paragraph (a), substitute—

(a) the purity criteria, if any, specified in retained EU law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or

• (5) In regulation 6 (restrictions on sale relating to labelling etc of food supplements), in paragraph (3)(b) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”.

Amendment of the Nutrition and Health Claims (Scotland) Regulations 2007

5

• (1) The Nutrition and Health Claims (Scotland) Regulations 2007 are amended as follows.

• (2) In regulation 3 (Competent Authorities) in paragraph (a) for “15(2), 16(2) and 18(2)”, substitute “ 15(1B) and (2), 16(2) and 18(1B) and (2) ”.

Amendment of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009

7

• (1) The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009 are amended as follows.

• (2) In the schedule (specified provisions), in the “subject-matter” column of the table—

• (a) in the entry relating to Article 2(1), for “covered by Directive 2009/39 of the European Parliament and Council on foodstuffs intended for particular nutritional uses”, substitute “ (foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption, which are suitable for their claimed nutritional purposes and which are marketed in such a way as to indicate such suitability) ”, and

• (b) in the entries relating to Article 4(2) and Article 4(3), for “EU legislation”, substitute “ retained EU law ”.

Signed

JOE FITZPATRICK — Authorised to sign by the Scottish Ministers — 2019-02-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c.16.

[^f00002]: S.S.I. 2000/130, as amended by S.S.I. 2005/616, 2007/549, 2008/322, 2015/100 and 2018/392.

[^f00003]: OJ No. L 401, 30.12.2006, p.1, last amended by Commission Delegated Regulation (EU) 2016/127 (OJ No. L 25, 2.2.2016, p.1).

[^f00004]: Food Standards Scotland was established by section 1 of the Food (Scotland) Act 2015 (asp 1).

[^f00005]: The Food Standards Agency was established by section 1 of the Food Standards Act 1999 (c.28).

[^f00006]: S.S.I. 2002/523 as amended by S.S.I. 2004/244 and 2013/177 and S.I. 2012/1809.

[^f00007]: S.S.I. 2003/278 as amended by S.S.I. 2005/616, 2009/438, 2014/312 and S.I. 2011/1043.

[^f00008]: S.I. 2019/XXX.

[^f00009]: S.I. 2012/1916.

[^f00010]: S.S.I. 2007/383 as amended by S.S.I. 2010/307, 2014/312, 2015/100.

[^f00011]: S.S.I. 2007/549 as amended by S.S.I. 2008/322, 2014/12, 2015/100, 2016/190 and S.I. 2011/1043.

[^f00012]: S.S.I. 2009/427 as amended by S.I. 2011/1043 and S.S.I. 2015/100.

Editorial notes

[^c23583801]: 2018 c.16.

[^c23583851]: S.S.I. 2002/523 as amended by S.S.I. 2004/244 and 2013/177 and S.I. 2012/1809.

[^c23583861]: S.S.I. 2003/278 as amended by S.S.I. 2005/616, 2009/438, 2014/312 and S.I. 2011/1043.

[^c23583871]: S.I. 2019/XXX.

[^c23583881]: S.I. 2012/1916.

[^c23583891]: S.S.I. 2007/383 as amended by S.S.I. 2010/307, 2014/312, 2015/100.

[^c23583911]: S.S.I. 2009/427 as amended by S.I. 2011/1043 and S.S.I. 2015/100.

[^key-0da24f60f4bf9d7eccb0d97065aa0a79]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-2e42b18401d1d07488b2522091b0efbe]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-4bcea8528d4d5814bb1639fab6230fed]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-1ccbc4b6de587bb1abe3547e1b14ecf2]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-ea2ebb21a0b61dd38124292c5b6f766b]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-01fa712e63997edd9a776091dcfdac6c]: Reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(a), 7(2)

[^key-59855f5b6f2b48bad0c589e063bcfa7a]: Reg. 6 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(a), 7(3)