Explanatory note

(This note is not part of the Regulations)

These Regulations further amend the Materials and Articles in Contact with Food (Scotland) Regulations 2007 (“the principal Regulations”) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food (“Regulation 450/2009”). The Regulations also amend the definition of “import” in the principal Regulations.

In detail, these Regulations amend the principal Regulations by—

(a)

inserting a definition of Regulation 450/2009 (regulation 3(a)(i));

(b)

amending the definition of “import” to refer to products which come from outside the European Economic Area (regulation 3(a)(ii));

(c)

making it an offence to contravene specified requirements of Regulation 450/2009 (regulation 4) and attaching penalties for such an offence (regulation 6);

(d)

specifying the competent authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 5);

(e)

designating the enforcement authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 7); and

(f)

providing that certain provisions of the Food Safety Act 1990 apply for the purposes of the enforcement of Regulation 450/2009 (regulation 8).

A Regulatory Impact Assessment has not been prepared for this instrument as any impact on business or the public or third sectors is unlikely to be significant.