Regulation 4 Amendment of the Food Supplements (Scotland) Regulations 2003I1

Scotland

(1)

The Food Supplements (Scotland) Regulations 2003 M1 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

omit the definition of “Directive 2001/83”,

(ii)

after the definition of “food supplement”, add—

““nutrients” means the following substances:
(i)
vitamins, and
(ii)
minerals;” and

(iii)

after the definition of “sell”, add—

““the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 M2;”, and

(b)

omit paragraphs (3) and (4).

(3)

In regulation 3 (scope of regulations), in paragraph (2) for “Directive 2001/83”, substitute “ regulation 2(1) of the Human Medicines Regulations 2012 M3 ”.

(4)

In regulation 5 (prohibitions on sale relating to composition of food supplements)–

(a)

in paragraph (1)—

(i)

in sub-paragraph (a) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”, and

(ii)

in sub-paragraph (b)(i) for “Annex II to Directive 2002/46”, substitute “ schedule 2 of the 2019 Regulations ”, and

(b)

in paragraph (2) for sub-paragraph (a), substitute—

“(a)
the purity criteria, if any, specified in retained EU law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or”.

(5)

In regulation 6 (restrictions on sale relating to labelling etc of food supplements), in paragraph (3)(b) for “Annex I to Directive 2002/46”, substitute “ schedule 1 of the 2019 Regulations ”.

Annotations

Marginal citations

M1: S.S.I. 2003/278 as amended by S.S.I. 2005/616, 2009/438, 2014/312 and S.I. 2011/1043.
M2: S.I. 2019/XXX.
M3: S.I. 2012/1916.

Commencement

I1: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1