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Scottish Statutory Instruments
Exiting The European Union
Food
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 M1 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.
1. These Regulations may be cited as the Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019 and come into force on exit day.
Commencement Information
I1Reg. 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
Prospective
F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 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)
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.”.
Commencement Information
I2Reg. 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
Marginal Citations
M2S.S.I. 2002/523 as amended by S.S.I. 2004/244 and 2013/177 and S.I. 2012/1809.
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 ”.
Commencement Information
I3Reg. 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
Marginal Citations
M3S.S.I. 2003/278 as amended by S.S.I. 2005/616, 2009/438, 2014/312 and S.I. 2011/1043.
M4S.I. 2019/XXX.
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) ”.
Commencement Information
I4Reg. 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
Marginal Citations
M6S.S.I. 2007/383 as amended by S.S.I. 2010/307, 2014/312, 2015/100.
Prospective
F26. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Reg. 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)
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 ”.
Commencement Information
I5Reg. 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
Marginal Citations
M7S.S.I. 2009/427 as amended by S.I. 2011/1043 and S.S.I. 2015/100.
JOE FITZPATRICK
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are made in exercise of the powers conferred by paragraph 1(1) and (3) of schedule 2 of the European Union (Withdrawal) Act 2018 (c. 16) to address failures of retained EU law to operate effectively, and other deficiencies, arising from the withdrawal of the United Kingdom from the European Union.
These Regulations make amendments to subordinate legislation in the field of food nutrition in relation to Scotland.
An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen.