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The Flavourings in Food (Scotland) Regulations 2010

S.S.I. 2010/439 · Made 8 December 2010 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 13 December 2014.

Food

Made 8th December 2010

Laid before the Scottish Parliament 10th December 2010

Coming into force 20th January 2011

F1The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1)(a) and (b) and (3), and 48(1) of the Food Safety Act 1990f1 and all other powers enabling them to do so.

In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agencyf2.

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 safetyf3.

Annotations to the whole text

Textual amendments

F1

Regulations revoked (except regs. 1, 2, 7) (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, sch. 5

Footnotes

f1

1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16(1), 17(2) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28); section 17(2) was also amended by paragraph 12 of Schedule 5 to the 1999 Act; section 26(3) was amended by Schedule 6 to the 1999 Act; section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990; 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 functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so 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 paragraph 21 of Schedule 5 to the 1999 Act.

f3

O.J. L 31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (O.J. L 188, 18.7.2009, p.14).

Contents

  1. 1Citation, extent and commencement
  2. 2Interpretation
  3. 3Offences and penalties Repealed
  4. 4Enforcement authorities Repealed
  5. 5Application of various sections of the Food Safety Act 1990 Repealed
  6. 6Condemnation of food Repealed
  7. 7Amendments to the Food Labelling Regulations 1996 Repealed
  8. 8Revocations Repealed
  9. Signature
  10. Explanatory note

1Citation, extent and commencementI1

These Regulations may be cited as the Flavourings in Food (Scotland) Regulations 2010, extend to Scotland only and come into force on 20th January 2011.

2InterpretationI1

(1)

In these Regulations—

(2)

Any other expression used in these Regulations and in the EU Regulation has the same meaning in these Regulations as it bears in the EU Regulation.

(3)

Any reference in regulation 3 to a numbered Article is a reference to the Article so numbered in the EU Regulation.

3Offences and penaltiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Enforcement authoritiesF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Application of various sections of the Food Safety Act 1990F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6Condemnation of foodF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7Amendments to the Food Labelling Regulations 1996F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8RevocationsF1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

SHONA ROBISON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

8th December 2010

Explanatory note

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of 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 and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No. 2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC (O.J. L 354, 31.12.2008, p.34) (“the EU Regulation”).

These Regulations provide that it is an offence to contravene the requirements of the EU Regulation by—

(a)

using flavourings or food ingredients with flavouring properties in or on foods if they pose a risk to the health of consumers or if their use misleads consumers (regulation 3(2)(a));

(b)

placing on the market any flavouring or food ingredient with flavouring properties or food in which they are present if their use does not comply with the EU Regulation (regulation 3(2)(b));

(c)

adding certain proscribed substances to food (regulation 3(2)(c));

(d)

using certain proscribed source materials for the production of flavourings or food ingredients with flavouring properties, or using certain specified source materials other than in accordance with prescribed conditions (regulation 3(2)(d));

(e)

placing on the market or using certain specified flavourings or source materials unless they are included in the authorised EU list (regulation 3(2)(e));

(f)

labelling flavourings not intended for sale to the final consumer other than in accordance with the conditions set out in the EU Regulation (regulation 3(2)(f));

(g)

labelling flavourings that are intended for sale to the final consumer other than in accordance with the conditions set out in the EU Regulation (regulation 3(2)(g)); and

(h)

failing to provide certain specified information when required (regulation 3(2)(h)).

These Regulations also—

(a)

designate the authorities having the duty to enforce these Regulations and the EU Regulation (regulation 4);

(b)

apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 5);

(c)

provide that where food does not comply with the EU Regulation such that it would be an offence under these Regulations to place it on the market, it is to be treated as failing to comply with food safety requirements for the purposes of seizure and destruction under section 9 of the 1990 Act (regulation 6); and

(d)

make amendments to the Food Labelling Regulations 1996 (regulation 7).

A Business and Regulatory Impact Assessment has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ and online at www.legislation.gov.uk.