# The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013, Note: Explanatory note


(This note is not part of the Regulations)
1 These Regulations, which apply to Scotland only, provide for the execution and enforcement of the following EU Regulations—
(a) Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods;
(b) Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes;
(c) Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives;
(d) 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.
2 These Regulations also implement Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients.
3 These Regulations, in Part 2, provide that it is an offence, subject to any applicable transitional arrangements, to contravene or to use or place on the market a product that contravenes specified requirements of—
(a) Regulation (EC) No 1333/2008 relating to food additives (regulation 3 and Schedule 1);
(b) Regulation (EC) No 1334/2008 relating to food flavourings and foods with flavouring properties (regulation 4 and Schedule 2);
(c) Regulation (EC) No 2065/2003 relating to smoke flavourings (regulation 5 and Schedule 3); and
(d) Regulation (EC) No 1332/2008 relating to food enzymes (regulation 6 and Schedule 4).
4 Part 3 of these Regulations implement Directive 2009/32/EC relating to extraction solvents, in particular by—
(a) specifying the circumstances where the controls on extraction solvents do not apply (regulation 8);
(b) defining what constitutes a permitted extraction solvent (regulation 9);
(c) prohibiting any person from using an extraction solvent other than a permitted extraction solvent, as defined, in the production of food (regulation 10);
(d) prohibiting any person from placing on the market an extraction solvent that is not a permitted extraction solvent or which is not accompanied by certain information on the packaging, container or label (regulations 11 and 12).
5 These Regulations in Part 4—
(a) designate the Food Standards Agency as the competent authority for the purposes of applications for authorisation of a smoke flavouring (regulation 13);
(b) assign the duty of enforcing these Regulations to food authorities (regulation 14);
(c) provide for the maximum penalty to which a person may be liable on conviction for an offence under these Regulations (regulation 15);
(d) provide that, where it appears to an authorised officer that a product fails to comply with certain requirements or that food is placed on the market contrary to a specified prohibition, the food will be treated for the purposes of subsections (3) to (9) of section 9 of the Food Safety Act 1990 (with certain modifications) as failing to comply with food safety requirements (regulation 16); and
(e) apply, with certain modifications, various provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 17).
6 These Regulations in Part 5—
(a) make a minor amendment to the Food Labelling Regulations 1996 (regulation 20) and the Jam and Similar Products (Scotland) Regulations 2004; and
(b) revoke certain instruments in whole or in part (regulation 19 and Schedule 5).
7 A business and regulatory impact assessment has not been prepared for this instrument as no impact on business or the public or third sectors is foreseen.

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Source: https://www.legislation.gov.uk/ssi/2013/266/note (the official version)
Page: https://openlegislation.uk/food-additives-flavourings-enzymes-and-extraction-solvents-scotland-regulations-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.