Introductory text

FOOD

Made 1st September 2026

Laid before the Scottish Parliament 3rd September 2026

Coming into force 29th October 2026

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 45 and 48(1)(b) and (c) of the Food Safety Act 1990^f1 and all other powers enabling them to do so.

In accordance with section 48(4A) of that Act^f2 the Scottish Ministers have had regard to advice given by Food Standards Scotland on the proposal to make these Regulations.

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^f3.

Annotations

Footnotes

f1: 1990 c. 16. Sections 45(1) and 48 were amended by paragraphs 7, 8, 20 and 21 of schedule 5 of the Food Standards Act 1999 (c. 28) (“the 1999 Act”). Amendments made by schedule 5 of the 1999 Act which extend to Scotland shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred, those functions were transferred to the Scottish Ministers by the Scotland Act (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849).
f2: Subsection (4A) was inserted into section 48 of the 1990 Act by paragraph 21 of schedule 5 of the 1999 Act. In accordance with section 48(6) of the 1990 Act, the references to the Food Standards Agency are to be read as references to Food Standards Scotland. Section 48(6) was added by paragraph 3(11) of the schedule to the Food (Scotland) Act 2015 (asp 1).
f3: EUR 2002/178, to which there are amendments not relevant to these Regulations.