3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to food that is ready for delivery to the final consumer or to a mass caterer.
(2) These Regulations do not apply in respect of any food—
(a)that is not intended for sale for human consumption; or
(b)to which the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004(1) apply.
(3) These Regulations do not apply to any lawfully marked product that is brought into Scotland from—
(a)an EEA State (other than the United Kingdom);
(b)a Member State (other than the United Kingdom);
(c)another part of the United Kingdom; or
(d)the Republic of Turkey.
(4) In this regulation—
“EEA State” means a Member State, Norway, Iceland or Lichtenstein;
“final consumer” has the meaning given in point 18 of Article 3 of Regulation (EC) No 178/2002(2) 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; and
“mass caterer” has the meaning given in Article 2(2)(d) of FIC.
S.S.I. 2004/8, as amended by S.S.I. 2005/479, 2005/616, 2007/424, S.I. 2011/2131.
OJ L 31, 1.2.2002, p.1.