2022 No. 265
Agriculture
Food

The Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022

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)(e) and 48(1)(c) of the Food Safety Act 19901 and all other powers enabling them to do so.
The Scottish Ministers have had regard to relevant advice given by Food Standards Scotland, in accordance with section 48(4A) of the Food Safety Act 19902.
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.

PART 1Introduction

Citation, commencement and extent1.

(1)

These Regulations may be cited as the Food Information (Transitional Provisions) (Miscellaneous Amendments) (Scotland) Regulations 2022 and come into force on 30 September 2022.

(2)

These Regulations extend to Scotland only.

PART 2Amendment of retained direct EU legislation

Amendment of Commission Regulation (EC) No 589/20082.

In Article 30(3) (imported eggs) of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs4, for “for a period of 21 months beginning on the day on which IP completion day falls” substitute “for the period beginning with 30 September 2022 and ending with 31 December 2023”.

Amendment of Commission Regulation (EC) No 1825/20003.

In Article 2 (labelling where information is not available) of Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products5—

(a)

in paragraph 3, for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(b)

in paragraph 4, for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Amendment of Commission Implementing Regulation (EU) No 543/20114.

(1)

Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors6 is amended in accordance with paragraphs (2) and (3).

(2)

In Article 7(4)(b) (mixes)7, for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

(3)

In Annex 18 (marketing standards referred to in Article 3)—

(a)

in Part A (general marketing standards), in the second indent of point 4(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(b)

in Part B (specific marketing standards)—

(i)

in Part 1 (marketing standard for apples), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(ii)

in Part 2 (marketing standard for citrus fruit), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(iii)

in Part 3 (marketing standard for kiwifruit), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(iv)

in Part 4 (marketing standard for lettuces, curled-leaved endives and broad-leaved (Batavian) endives), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(v)

in Part 5 (marketing standard for peaches and nectarines), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(vi)

in Part 6 (marketing standard for pears), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(vii)

in Part 7 (marketing standard for strawberries), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(viii)

in Part 8 (marketing standard for sweet peppers), in the second indent of point 6(A), after “IP completion day falls,” for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(ix)

in Part 9 (marketing standard for table grapes), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”,

(x)

in Part 10 (marketing standard for tomatoes), in the second indent of point 6(A), for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Amendment of Commission Implementing Regulation (EU) No 29/20125.

In Article 2 of Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil9, in point (b) of the third paragraph, for “of 21 months beginning on the day on which IP completion day falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Amendment of Commission Delegated Regulation (EU) 2019/336.

In Article 46(1) (indication of the bottler, producer, importer and vendor) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation10—

(a)

in point (a), for “30 September 2022” substitute “31 December 2023”, and

(b)

in point (d), for “30 September 2022” substitute “31 December 2023”.

PART 3

Amendment of subordinate legislation

Amendment of the Quick-frozen Foodstuffs Regulations 19907.

In regulation 7(1D)(c) (penalties and enforcement) of the Quick-frozen Foodstuffs Regulations 199011, for “21 months after the day after IP completion day” substitute “31 December 2023”.

Amendment of the Food Hygiene (Scotland) Regulations 20068.

In regulation 17(9)(b)(i)(bb), (offences and penalties) of the Food Hygiene (Scotland) Regulations 200612, for “21 months after the day after IP completion day” substitute “31 December 2023”.

Amendment of the Marketing of Horticultural Produce (Scotland) Regulations 20099.

In regulation 25 (transitional provisions: withdrawal from the EU) of the Marketing of Horticultural Produce (Scotland) Regulations 200913—

(a)

in paragraph (1)(a), for “of 21 months beginning on IP completion day” substitute “beginning with 30 September 2022 and ending with 31 December 2023”, and

(b)

in paragraph (2)(a), for “of 21 months beginning on IP completion day” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Amendment of the Beef and Veal Labelling (Scotland) Regulations 201010.

After regulation 4(2) (offences under European legislation) of the Beef and Veal Labelling (Scotland) Regulations 201014, insert—

“(3)

Paragraph (1)(a)(vi) does not apply if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before 1st January 2024, and

(b)

would not have constituted a contravention of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as that Regulation applied immediately before IP completion day.”.

Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 201311.

In regulation 15A(c) (transitional provision: withdrawal from the EU) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 201315, for “21 months after the day after IP completion day” substitute “31 December 2023”.

Amendment of the Food Information (Scotland) Regulations 201412.

In regulation 10B (transitional provision: withdrawal from the EU) of the Food Information (Scotland) Regulations 201416—

(a)

in paragraph (1)(a), for “30 September 2022” substitute “31 December 2023”,

(b)

in paragraph (1)(b) for “this regulation comes into force” substitute “30 September 2022”.

Amendment of the Caseins and Caseinates (Scotland) (No. 2) Regulations 201613.

In regulation 6A (transitional provisions: withdrawal from the EU) of the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016 17—

(a)

in paragraph (1)(c), for “21 months after the day after IP completion day” substitute “31 December 2023”,

(b)

in paragraph (2)(c), for “21 months after the day after IP completion day” substitute “31 December 2023”.

Amendment of the Country of Origin of Certain Meats (Scotland) Regulations 201614.

In regulation 8 (transitional provision: withdrawal from the EU) of the Country of Origin of Certain Meats (Scotland) Regulations 201618—

(a)

in paragraph (1)(a) for “30 September 2022” substitute “31 December 2023”,

(b)

in paragraph (1)(b) for “this regulation comes into force” substitute “30 September 2022”.

MAREE TODD
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations make amendments to transitional provisions contained in subordinate legislation and retained direct EU legislation which relate to various food labelling requirements. The amendments extend existing transitional provisions, which were due to expire on 30 September 2022, so that they continue to apply until the end of 2023.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.