Citation and commencementS

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 Kava-kava in Food (Scotland) Regulations 2002S

3.—(1) The Kava-kava in Food (Scotland) Regulations 2002 M2 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 2003S

4.—(1) The Food Supplements (Scotland) Regulations 2003 M3 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 M4;”, 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 M5 ”.

(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 2007S

5.—(1) The Nutrition and Health Claims (Scotland) Regulations 2007 M6 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 Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009S

7.—(1) The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Scotland) Regulations 2009 M7 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 ”.

Explanatory Note

(This note is not part of the Regulations)