2019 No. 33
The Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), 17(1), 26(1) and 48(1) of the Food Safety Act 19901, and all other powers enabling them to do so.
Insofar as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland in accordance with section 48(4A) of that Act2.
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 safety3.
Citation, commencement and extent1
1
These Regulations may be cited as the Food Standards and Hygiene (Miscellaneous Amendments) (Scotland) Regulations 2019, and come into force on 28 March 2019.
2
These Regulations extend to Scotland only.
Amendment of the Bread and Flour Regulations 19982
1
The Bread and Flour Regulations 19984 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “flour treatment agent”,
b
in the definition of “food additive”, for “the Miscellaneous Food Additives Regulations 1995” substitute “Article 3(2)(a) of Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives5 as last amended by Commission Regulation (EU) 2018/14976”, and
c
in the definition of “Regulation (EU) No 1169/2011”, at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods7”.
Amendment of the Coffee Extracts and Chicory Extracts (Scotland) Regulations 20013
1
The Coffee Extracts and Chicory Extracts (Scotland) Regulations 20018 are amended in accordance with paragraphs (2) to (4).
2
In regulation 2 (interpretation) in the definition of “Regulation (EU) No 1169/2011”, at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods9”.
3
In regulation 7(4) (penalties and enforcement) for the words “paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs for human consumption” substitute “Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules10”.
4
Omit regulation 8 (transitional provision).
Amendment of the Cocoa and Chocolate Products (Scotland) Regulations 20034
1
The Cocoa and Chocolate Products (Scotland) Regulations 200311 are amended in accordance with paragraphs (2) and (3).
2
In regulation 2, in the definition of “Regulation (EU) No 1169/2011”, at the end insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods12”.
3
Omit regulation 10 (transitional provision).
Amendment of the Specified Sugar Products (Scotland) Regulations 20035
1
The Specified Sugar Products (Scotland) Regulations 200313 are amended in accordance with paragraphs (2) and (3).
2
In regulation 5 (labelling and description of specified sugar products), in the words before sub-paragraph (a), after “Commission Regulation (EC) No. 608/2004, insert “, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods14”.
3
Omit regulation 10 (transitional provision).
Amendment of the Condensed Milk and Dried Milk (Scotland) Regulations 20036
1
The Condensed Milk and Dried Milk (Scotland) Regulations 200315 are amended in accordance with paragraphs (2) to (5).
2
In regulation 2 (interpretation)—
a
after the definition of “preparation” insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods16;
b
omit the definition of “the 1996 Regulations”.
3
In regulation 5 (labelling and description of designated products) for “the generality of Part II of the 1996 Regulations,” substitute “Regulation (EU) No 1169/2011”.
4
In regulation 6 (manner of marking or labelling) omit paragraph (1).
5
In schedule 1, in paragraph 4 of the Notes, after “animal origin” insert “, as last amended by Commission Regulation (EU) 2017/1981 amending Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards temperature conditions during transport of meat17,”.
Amendment of the Jam and Similar Products (Scotland) Regulations 20047
1
The Jam and Similar Products (Scotland) Regulations 200418 are amended in accordance with paragraphs (2) to (8).
2
In regulation 2(1) (interpretation)—
a
omit the definition of “the 1996 Regulations”,
b
after the definition of “ginger” insert—
“ingredient” has the same meaning as Article 2(2)(f) of Regulation (EU) No 1169/2011;
“labelling” has the same meaning as Article 2(2)(j) of Regulation (EU) No 1169/2011;
c
after the definition of “preparation” insert—
“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council on novel foods19;
3
In regulation 5(1) (labelling and description of specified jam or similar products)—
a
omit ”Without prejudice to the generality of Part II of the 1996 Regulations,”, and
b
in sub-paragraph (b), for “the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”.
4
In regulation 5(2) (labelling and description of specified jam or similar products)—
a
omit “Without prejudice to the generality of Part II of the 1996 Regulations,”, and
b
in sub-paragraph (c), for “Schedule 7 to the 1996 Regulations” substitute “Articles 30 to 35 of Regulation (EU) No 1169/2011”.
5
Omit regulation 6 (manner of marking or labelling).
6
In the heading of the first schedule (specified jam or similar products and their reserved descriptions) after “SCHEDULE” insert “1”.
7
In the heading of the second schedule (permitted additional ingredients and authorised treatments for the products described in items 1 to 7 of schedule 1) after “SCHEDULE” insert “2”.
8
In the second schedule—
a
in paragraph 2(d), for “Directive 95/2/EC on food additives other than colours or sweeteners” substitute “Regulation (EU) No 1333/2008 of the European Parliament and of the Council on food additives20.”
Amendment of the Food Hygiene (Scotland) Regulations 20068
1
The Food Hygiene (Scotland) Regulations 200621 are amended in accordance with paragraph (2) to (3).
2
In regulation 2 (interpretation)—
a
in paragraph (1) for “and Regulation 2015/1375” substitute “, “Regulation 2015/1375” and “Regulation 2017/215822””, and
b
in paragraph (5) after “Schedule 1” insert “, except Regulation 2017/2158,”.
3
In schedule 1 (definitions of EU legislation) after the definition of “Regulation 2074/2005” insert—
“Regulation (EU) 2017/2158” means Commission Regulation (EU) 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food 23.
Amendment of the Fishery Products (Official Controls Charges) (Scotland) Regulations 20079
1
The Fishery Products (Official Controls Charges) (Scotland) Regulations 200724 are amended in accordance with paragraph (2).
2
In the schedule (definitions of EU legislation), at the end of the definition of “Regulation 2074/2005” insert “, as amended by Commission Regulation 2017/197325”.
Amendment of the Spreadable Fats, Milk and Milk Products (Scotland) Regulations 200810
1
The Spreadable Fats, Milk and Milk Products (Scotland) Regulations 200826 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) in the definition of “Council Regulation 2013” for “the Regulation of the European Parliament and of the Council adopted on 16 December 2013” substitute “Regulation (EU) No 1308/2013 of the European Parliament and of the Council27 as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council28”.
Amendment of the Fruit Juices and Fruit Nectars (Scotland) Regulations 201311
1
The Fruit Juices and Fruit Nectars (Scotland) Regulations 201329 are amended in accordance with paragraphs (2) to (4).
2
Omit regulation 21 (transitional provisions).
3
In schedule 7, (specification for fruit nectar)—
a
in paragraph 1 for “juice” substitute “product”, and
b
in paragraph 2, before sub-paragraph (a), for “juices” substitute “products”.
4
In schedule 9 (authorised additional substances) after paragraph 9 insert—
10
Plant proteins for clarification from—
a
wheat,
b
peas,
c
potatoes, or
d
any combination of them.
Amendment of the Products Containing Meat etc. (Scotland) Regulations 201412
1
The Products Containing Meat etc. (Scotland) Regulations 201430 are amended in accordance with paragraph (2).
2
In paragraph 1 of the schedule, in the definition of “curing salt”, in sub paragraph (c) for “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives” substitute “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives31 as last amended by Commission Regulation (EU) 2018/149732”.
Amendment of the Country of Origin of Certain Meats (Scotland) Regulations 201613
1
The Country of Origin of Certain Meats (Scotland) Regulations 201633 are amended in accordance with paragraph (2).
2
In regulation 2(1) (interpretation) omit the definitions of:—
a
“batch”,
b
“batch code”,
c
“mass caterer”, and
d
“trimmings”.
(This note is not part of the Regulations)