Introductory text

Scotland

FOOD

Made 28th September 2005

Laid before the Scottish Parliament 30th September 2005

Coming into force 11th November 2005

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(a) and (f), 26(1) and (3) and 48(1) of the Food Safety Act 1990^f1 and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A)^f2 of that Act to relevant advice given by the Food Standards Agency and after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council^f3 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, hereby make the following Regulations:

Annotations

Footnotes

f1: 1990 c. 16; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), section 40(1) and Schedule 5, paragraph 10(3); sections 16(1) and 48(1) were amended by the 1999 Act, section 40(1) and Schedule 5, paragraph 8; section 26(3) was amended by the 1999 Act, section 40(4) and Schedule 6; amendments made by Schedule 5 to the 1999 Act are taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) (“the 1998 Act”) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, so far as they are exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act and (so far as not so transferred) 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 the 1999 Act, section 40(1) and Schedule 5, paragraph 21.
f3: O.J. No. L 31, 1.2.02, p.1, as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.03, p.4).