The Food Information (Scotland) Regulations 2014

Interpretation

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

“final consumer” has the meaning given in point 18 of Article 3 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;

“FIC” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

“food business operator” has the meaning given in point 3 of Article 3 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;

“mass caterer” has the meaning given in Article 2(2)(d) and “mass caterers” must be construed accordingly;

“means of distance communication” has the meaning given in Article 2(2)(u);

“prepacked for direct sale” has the same meaning as in Article 2(2)(e);

“prepacked food” has the meaning given in Article 2(2)(e); and

“specified FIC provision” means a provision specified in column 1, as read with column 2, of Schedule 3 to these Regulations.

(2) Except as otherwise provided for—

(a) any reference in these Regulations to an Article is a reference to an Article of FIC; and

(b) any reference in these Regulations to an Annex is a reference to an Annex to FIC.

(3) Any reference to FIC, or a provision of FIC (including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies, in a regulation listed in paragraph (4) is a reference to FIC or that provision as amended from time to time.

(4) The provisions referred to in paragraph (3) are—

(a) regulation 2(1) (interpretation), except for the definition of “FIC”;

(b) regulation 3 (derogation relating to milk and milk products);

(c) regulation 4(1) and (3) (derogation relating to minced meat); regulation 5(1),(3),(5) and (6) (foods that are not prepacked etc, containing an allergenic substance or product etc.);

(d) regulation 6(1) (foods that are not prepacked etc. – general requirement to name them);

(e) regulation 7(1), (4) and (6) (insofar as this relates to “offered for sale”) (Products that are not prepacked etc. containing meat and other ingredients);

(f) regulation 8(4)(b) (irradiated foods);

(g) regulation 10 (offences);

(h) paragraph 3 of Part 2 of Schedule 1(font size for national mark to be used in case of prepacked food); and

(i) Schedule 3 (specified FIC provisions).

(1)

1994 c.39. Section 2 was amended by the Environment Act 1995 (c. 25), Schedule 22, paragraph 232(1).