# The Food Safety Act 1990 Amendment (Scotland) Regulations 2026

Draft 2026, ISBN 9780111064115

These Regulations amend provisions of the Food Safety Act 1990 (c. 16). These Regulations restate secondary assimilated law within the meaning of section 12(2)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

Made under: Retained EU Law (Revocation and Reform) Act 2023 (Section 12)

PDFs: Printed copy https://openlegislation.uk/draft-food-safety-act-1990-amendment-scotland-regulations-2026/pdf/sdsi_9780111064115_en.pdf; Draft Policy Note https://openlegislation.uk/draft-food-safety-act-1990-amendment-scotland-regulations-2026/pdf/sdsipn_9780111064115_en_001.pdf

## Introductory text

Draft Regulations laid before the Scottish Parliament under paragraph 7(1) of schedule 5 of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28), for approval by resolution of the Scottish Parliament.
RETAINED EU LAW REFORM
FOOD
Made 2026
Coming into force 15th January 2026
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 12(1) of the Retained EU Law (Revocation and Reform) Act 2023 (“the 2023 Act”) and all other powers enabling them to do so.
There has been consultation under 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.
In accordance with paragraph 7(1) of schedule 5 of the 2023 Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

## 1 Citation, commencement and extent

(1) These Regulations may be cited as the Food Safety Act 1990 Amendment (Scotland) Regulations 2026 and come into force on 15 January 2026.
(2) These Regulations extend to Scotland only.

## 2 Amendment of the Food Safety Act 1990

(1) The Food Safety Act 1990 is amended as follows.
(2) In section 17 (enforcement of EU provisions)—
(a) in the heading, for “EU” substitute “assimilated”,
(b) in subsection (1), for “EU” substitute “assimilated”,
(c) in subsection (2)—
(i) in the words before paragraph (a), for “directly applicable EU provision” substitute “provisions of assimilated direct legislation”,
(ii) in paragraph (a), for “EU” substitute “assimilated”,
(iii) in paragraph (b), for “EU” substitute “assimilated”.

## Signature

Authorised to sign by the Scottish Ministers
St Andrew's House
Edinburgh

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend provisions of the Food Safety Act 1990 (c. 16). These Regulations restate secondary assimilated law within the meaning of section 12(2)(b) of the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).
Regulation 2 amends section 17 of the Food Safety Act 1990 to replace references to “EU” obligations and provisions with “assimilated” obligations and provisions and replaces a reference to “directly applicable EU provision” with “provision of assimilated direct legislation”.

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Source: https://www.legislation.gov.uk/sdsi/2026/9780111064115 (the official version)
Page: https://openlegislation.uk/draft-food-safety-act-1990-amendment-scotland-regulations-2026
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.