# The Flavourings in Food (Scotland) Regulations 2010 S.S.I. 2010/439 · made 8 December 2010 · revised to 13 December 2014 These Regulations provide for the execution and enforcement of Regulation (EC) No.1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC (O.J. L354, 31.12.2008, p.34) (“the EU Regulation”). Made under: Food Safety Act 1990 (Section 16, Section 17, Section 26, Section 48) PDFs: Printed copy https://openlegislation.uk/flavourings-in-food-scotland-regulations-2010/pdf/ssi_20100439_en.pdf; Executive Note https://openlegislation.uk/flavourings-in-food-scotland-regulations-2010/pdf/ssien_20100439_en.pdf ## Introductory text Food Made 8th December 2010 Laid before the Scottish Parliament 10th December 2010 Coming into force 20th January 2011 The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1)(a) and (b) and (3), and 48(1) of the Food Safety Act 1990 and all other powers enabling them to do so. In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency. 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 Citation, extent and commencement These Regulations may be cited as the Flavourings in Food (Scotland) Regulations 2010, extend to Scotland only and come into force on 20th January 2011. ## 2 Interpretation (1) In these Regulations— “the Act” means the Food Safety Act 1990; and “the EU Regulation” means Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC. (2) Any other expression used in these Regulations and in the EU Regulation has the same meaning in these Regulations as it bears in the EU Regulation. (3) Any reference in regulation 3 to a numbered Article is a reference to the Article so numbered in the EU Regulation. ## 3 Offences and penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Enforcement authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Application of various sections of the Food Safety Act 1990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Condemnation of food . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 7 Amendments to the Food Labelling Regulations 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Revocations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## Signature SHONA ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 8th December 2010 ## Explanatory note (This note is not part of the Regulations) These Regulations provide for the execution and enforcement of Regulation (EC) No. 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC (O.J. L 354, 31.12.2008, p.34) (“the EU Regulation”). These Regulations provide that it is an offence to contravene the requirements of the EU Regulation by— (a) using flavourings or food ingredients with flavouring properties in or on foods if they pose a risk to the health of consumers or if their use misleads consumers (regulation 3(2)(a)); (b) placing on the market any flavouring or food ingredient with flavouring properties or food in which they are present if their use does not comply with the EU Regulation (regulation 3(2)(b)); (c) adding certain proscribed substances to food (regulation 3(2)(c)); (d) using certain proscribed source materials for the production of flavourings or food ingredients with flavouring properties, or using certain specified source materials other than in accordance with prescribed conditions (regulation 3(2)(d)); (e) placing on the market or using certain specified flavourings or source materials unless they are included in the authorised EU list (regulation 3(2)(e)); (f) labelling flavourings not intended for sale to the final consumer other than in accordance with the conditions set out in the EU Regulation (regulation 3(2)(f)); (g) labelling flavourings that are intended for sale to the final consumer other than in accordance with the conditions set out in the EU Regulation (regulation 3(2)(g)); and (h) failing to provide certain specified information when required (regulation 3(2)(h)). These Regulations also— (a) designate the authorities having the duty to enforce these Regulations and the EU Regulation (regulation 4); (b) apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 5); (c) provide that where food does not comply with the EU Regulation such that it would be an offence under these Regulations to place it on the market, it is to be treated as failing to comply with food safety requirements for the purposes of seizure and destruction under section 9 of the 1990 Act (regulation 6); and (d) make amendments to the Food Labelling Regulations 1996 (regulation 7). A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk. --- Source: https://www.legislation.gov.uk/ssi/2010/439 (the official version) Page: https://openlegislation.uk/flavourings-in-food-scotland-regulations-2010 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.