The Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007

Offences and Penalties

4.—(1) Subject to the transitional measures contained in Article 18 (relating to foods placed on the market or labelled before 1st July 2007), any person who contravenes or fails to comply with the provisions of the EC Regulation specified in paragraph (2) is guilty of an offence and liable–

(a) on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

(b) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.

(2) The specified provisions referred to in paragraph (1) are–

(a) Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules);

(b) Article 4 (prohibition on addition of vitamins and minerals to certain foods);

(c) Article 5(2) (requirement to observe purity criteria);

(d) Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined); and

(e) Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).