Introductory text

Scotland

Food

Made 3rd November 2014

Laid before the Scottish Parliament 5th November 2014

Coming into force 13th December 2014

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1)(a), (e) and (f), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990^f1 and all other powers enabling them to do so.

They have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)^f2 of the Food Safety Act 1990.

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^f3.

Annotations

Footnotes

f1: 1990 c.16. Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999 (c.28), (“the 1999 Act”) and S.I. 2002/794. Sections 16(1) and 48(1) were amended by paragraphs 7 and 8 of Schedule 5 to the 1999 Act. By virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to that Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46) (“the 1998 Act”). The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Minsters by virtue of section 53 of the 1998 Act. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
f2: Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999.
f3: OJ L 31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No 596/2009 (OJ L 188, 18.7.2009, p.14).