The Infant Formula and Follow-on Formula (Scotland) Regulations 2007

Scottish Statutory Instruments

2007 No. 549

FOOD

The Infant Formula and Follow-on Formula (Scotland) Regulations 2007

Made

6th December 2007

Laid before the Scottish Parliament

6th December 2007

Coming into force

11th January 2008

The Scottish Ministers make the following Regulations (except regulations 2(5) and 24) in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1), and (with regard to regulation 2(5)) paragraph 1A of Schedule 2 to, and (with regard to regulation 24) section 2(2) of, the European Communities Act 1972(2) and all other powers enabling them to do so.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for certain references to Annexes to Commission Directive 2006/141/EC on infant formulae and follow on formulae and amending Directive 1999/21/EC(3) to be construed as references to those Annexes as amended from time to time.

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 Agency(4).

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 safety(5).

(1)

1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990); sections 16(1), 17(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”); section 26(3) was amended by the 1999 Act, Schedule 6: amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be 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, in so far as exercisable 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, those 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) (“the 2005 Order”).

(2)

1972 c. 68 (“the 1972 Act”). Section 2(2) was amended by the 1998 Act, Schedule 8, paragraph 15(3). The function conferred on the Minister of the Crown under section 2(2) of the 1972 Act, so far as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act, and insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food those functions were transferred to the Scottish Ministers by the 2005 Order; paragraph 1A was inserted by the Legislative and Regulatory Reform Act 2006 (c. 51), section 28.

(3)

O.J. No. L 401, 30.12.06, p.1.

(4)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(5)

O.J. No. L 31, 1.2.2002, p.1, as amended by Regulation (EC) No. 1642/2003 (O.J. No. L 245, 29.9.03, p.4) and by Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.2006, p.3).