Explanatory note

Scotland

(This note is not part of the Regulations)

These Regulations, which extend to Scotland only, make provision to enforce Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as corrected by a Corrigendum (O.J. No. L 12, 18.1.07, p.3) (“the EC Regulation”).

These Regulations–

(a)

specify the competent authority for the purposes of certain Articles of the EC Regulation (regulation 3);

(b)

specify that the food authority (which in Scotland is the relevant local authority for each local authority area) is the enforcement authority (regulation 4);

(c)

provides that, subject to certain derogations and transitional measures specified in the EC Regulation, it is an offence–

(i)

to make nutrition or health claims that do not comply with the requirements of the EC Regulation;

(ii)

to make claims on alcoholic drinks other than to the limited extent permitted by the EC Regulation;

(iii)

to make a claim that cannot be justified;

(iv)

to fail to provide the prescribed nutrition information when making a nutrition or health claim;

(v)

to make a nutrition claim that is not one of the ones listed in the Annex to the EC regulation;

(vi)

to make a comparative nutrition claim that does not comply with the requirements of the EC Regulation;

(vii)

to make a health claim that is not authorised under the procedures provided for in the EC Regulation and is not accompanied by certain specified information in the labelling or other presentation;

(viii)

to make a health claim of a type specifically prohibited by the EC Regulation; or

(ix)

in the case of health claims relating to the reduction of disease risk, to fail to accompany the claim with the statement prescribed in the EC Regulation (regulation 5).

(d)

apply sections of the Food Safety Act 1990 (regulation 6);

(e)

specify offences and penalties that relate to the obstruction of those working to implement these Regulations and other matters to do with providing information and assistance (regulation 7); and

(f)

amend the Food Labelling Regulations 1996 (regulation 8).

A full regulatory impact assessment of the effect that this instrument will have on business costs has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen, AB11 6NJ.