- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
There are currently no known outstanding effects for the The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Scottish Statutory Instruments
Exiting The European Union
Agriculture
Food
Made
11th November 2020
Laid before the Scottish Parliament
13th November 2020
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by paragraphs 1(1), (3) and 11M(1) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 M1 and all other powers enabling them to do so.
In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018 M2, the Scottish Ministers have consulted with the Secretary of State.
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 M3.
Marginal Citations
M12018 c.16 (“the 2018 Act”). Section 11M was inserted into the 2018 Act by section 22 of the European Union (Withdrawal) Act 2020 (c.1) (“the 2020 Act”).
M2Paragraph 4 of schedule 2 of the 2018 Act was amended by section 27(7)(a) of the 2020 Act.
M3OJ L 31, 1.2.2002, p.1, to which there are no relevant amendments to Article 9.
1.—(1) These Regulations may be cited as the Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020.
(2) These Regulations come into force as follows—
(a)Parts 1 and 3 come into force immediately before IP completion day, and
(b)Part 2 comes into force on IP completion day.
(3) These Regulations extend to Scotland only.
Commencement Information
I1Reg. 1 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(a)
2.—(1) The Meat (Official Control Charges) (Scotland) Regulations 2009 M4 are amended as follows.
(2) In the heading to schedule 1 (definitions of Community legislation) omit “Community”.
Commencement Information
I2Reg. 2 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)
Marginal Citations
M4S.S.I. 2009/262, relevantly amended to schedule 1 by schedule 3 of S.S.I 2019/407.
3.—(1) The Official Feed and Food Controls (Scotland) Regulations 2009 M5 are amended as follows.
(2) Omit regulation 35 (serious risk to animal or public health).
(3) In regulation 41 (offences and penalties)—
(a)in paragraph (1)(b) for “26(3), 27(5) or 35(4) or (5)” substitute “ 26(3) or 27(5) ”, and
(b)after paragraph 1(b), insert—
“(ba)contravenes or fails to comply with the provisions of any regulation made under Article 53 of Regulation 178/2002.”.
(4) After regulation 42 (time limits for prosecutions (imports)) insert—
42A. Notwithstanding the revocation of regulation 35, any declaration issued under regulation 35 that applies immediately before the revocation comes into force, continues to have effect as if it was made under Article 53 of Regulation 178/2002.”.
(5) M6In the table in schedule 4 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant feed law)—
(a)in the first entry, in column 2 (provisions of Regulation 2017/625) for “4(2)(a)” substitute “ 4(2) ”,
(b)in the first entry, in column 2 insert, in numerical order, the references to the following provisions of Regulation 2017/625—
(i)Article 59,
(ii)Article 60,
(iii)Article 62,
(iv)Article 100,
(v)Article 120,
(vi)Article 122, and
(vii)Article 123, [F1and]
(c)in the second entry, in column 2 for “4(2)(a)” substitute “ 4(2) ”[F2.]
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) In the table in schedule 5 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to food law)—
(a)in the first entry, in column 2 (provisions of Regulation 2017/625) for “4(2)(a)” substitute “ 4(2) ”,
(b)in the first entry, in column 2 insert, in numerical order, the references to the following provisions of Regulation 2017/625—
(i)Article 59,
(ii)Article 60,
(iii)Article 62,
(iv)Article 100,
(v)Article 120,
(vi)Article 122, and
(vii)Article 123, [F4and]
(c)in the second entry, in column 2 for “4(2)(a)” substitute “ 4(2) ”[F5.]
F6(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In the table in schedule 6 (specified import provisions) in column 2—
(a)in the entry relating to Article 5(1)(b) of Regulation 2019/1602, for “IMSOC” substitute “ appropriate computerised information management system ”,
F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)in the entry relating to Article 6(2) of Regulation 2019/2124 for “the Union” substitute “ Great Britain ”,
(f)in the entry relating to Article 6(4) of Regulation 2019/2124 for “the Union” substitute “ Great Britain ”,
(g)in the entry relating to Article 6(6) of Regulation 2019/2124 for “the Union”, each time it occurs, substitute “ Great Britain ”,
F10(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(i)in the entry relating to Article 1 of Regulation 2019/1013 for “into the Union” substitute “ in Great Britain from a third country ”.
Textual Amendments
F1Word in reg. 3(5)(b) inserted (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(a)(i)
F2Reg. 3(5)(c): full stop substituted for word (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(a)(ii)
F3Reg. 3(5)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(a)(iii)
F4Word in reg. 3(6)(b) inserted (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(b)(i)
F5Reg. 3(6)(b): full stop substituted for word (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(b)(ii)
F6Reg. 3(6)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(b)(iii)
F7Reg. 3(7)(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(c)(i)
F8Reg. 3(7)(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(c)(ii)
F9Reg. 3(7)(d) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(c)(iii)
F10Reg. 3(7)(h) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(2)(c)(iv)
Commencement Information
I3Reg. 3 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)
Marginal Citations
M6Regulation (EU) 2017/625 of the European Parliament and of the Council as relevantly amended by The Official Controls (Animal, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020.
4.—(1) The Foods for Specific Groups (Scotland) Regulations 2016 M7 are amended as follows.
(2) In regulation 2(1) in the definition of “specified EU requirement” for “ “specified EU requirement”” substitute “ “specified requirement” ”.
(3) In regulation 4(1) for “specified EU requirement” substitute “ specified requirement ”.
(4) In the table in schedule 1 (specified EU requirements)—
(a)for the heading substitute “ Specified requirements ”, and
(b)in column 1, for “Article 15(1) (Union list)” substitute “ Article 15(1) (GB list) ”.
Commencement Information
I4Reg. 4 in force at 31.12.2020 on IP completion day, see reg. 1(2)(b)
Marginal Citations
M7S.S.I. 2016/190, relevantly amended at schedule 1 by paragraph 1(4)(a)(iii), schedule 1, S.S.I. 2020/7.
5.—(1) The Food and Feed Safety and Hygiene (EU Exit) (Scotland) (Amendment) Regulations 2019 M8 are amended as follows.
(2) In regulation 2 (amendment of the General Food Regulations 2004) for paragraph (2) substitute—
“(2) In regulation 4 (requirements under Regulation (EC) No. 178/2002: offences), paragraph (a), for “the Community” F11... substitute “ Great Britain ””.
(3) In regulation 6 (amendment of the Food Irradiation (Scotland) Regulations 2009) for paragraph (4) substitute—
“(4) In the heading to schedule 3 (“list of approved facilities in member states”) substitute “ List of Facilities in Member States and the United Kingdom ”.”
(4) In regulation 7 (amendment of the Official Feed and Food Controls (Scotland) Regulations 2009) omit paragraphs (11) to (14).
(5) In regulation 10 (amendment of the Materials and Articles in Contact with Food (Scotland) Regulations 2012) in paragraph (6) in the new regulation 10A to be inserted by that paragraph, for “the United Kingdom” each time it occurs substitute “ Great Britain ”.
Textual Amendments
F11Words in reg. 5(2) omitted (31.12.2020 immediately before IP completion day) by virtue of The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(3)
Commencement Information
I5Reg. 5 in force at 31.12.2020 in force immediately before IP completion day, see reg. 1(2)(a)
Marginal Citations
6.—(1) The Food Composition, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 M9 are amended as follows.
(2) In regulation 6 (amendment of The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013) for paragraph (2) substitute—
“(2) In regulation 8(b) for “the European Union” substitute “ Great Britain ””.
Commencement Information
I6Reg. 6 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(a)
Marginal Citations
7.—(1) The Nutrition (EU Exit) (Scotland) (Amendment) Regulations 2019 M10 are amended as follows.
(2) Omit regulation 2 (amendment of the Foods for Special Medical Purposes (Scotland) Regulations 2000).
(3) Omit regulation 6 (amendment of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007).
Commencement Information
I7Reg. 7 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(a)
Marginal Citations
8.—(1) The Fishery Products (Official Controls Charges) (EU Exit) (Scotland) (Amendment) Regulations 2019 M11 are amended as follows.
(2) In regulation 2 (amendment of the Fishery Products (Official Control Charges) (Scotland) Regulations 2007 for paragraph (2) substitute—
“(2) In regulation 2 (interpretation) [F12for] the definition of “third country” [F13substitute “third country”] (except in the expression “third country import”) means any country or territory other than the British Islands;”.
Textual Amendments
F12Word in reg. 8(2) inserted (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(4)(a)
F13Words in reg. 8(2) inserted (31.12.2020 immediately before IP completion day) by The Animals, Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/455), regs. 1(3), 5(4)(b)
Commencement Information
I8Reg. 8 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(a)
Marginal Citations
9.—(1) The Food Information, Labelling and Standards (EU Exit) (Scotland) (Amendment) Regulations 2019 M12 are amended as follows.
(2) In regulation 2 (amendment of the Quick-frozen Foodstuff Regulations 1990) in paragraph (2), in the new paragraph (1D) to be inserted by that paragraph, for “exit day” each time it occurs substitute “ IP completion day ”.
(3) In regulation 3 (amendment of the Food Hygiene (Scotland) Regulations 2006) for paragraph (2)(b) substitute—
“(b)after paragraph (8), insert—
“(9) Provided the requirements of subparagraph (a) or (b), as the case may be, are met, a person is to be considered not to have contravened or failed to comply with Article 5(1) of (EU) Regulation 853/2004 M13, where—
(a)in the case of a health mark—
(i)the health mark was applied to a product of animal origin subject to Article 5(1) before IP completion day, and
(ii)the health mark complied with Article 5(1) as it applied immediately before IP completion day,
(b)in the case of an identification mark—
(i)the identification mark—
(aa)was applied to a product of animal origin subject to Article 5(1) before IP completion day, or
(bb)is applied to a product of animal origin subject to Article 5(1) no later than 21 months after the day after IP completion day using a label, wrapping or packaging (bearing the identification mark) owned by the food business operator before IP completion day, and
(ii)the identification mark complied or would have complied with Article 5(1) as it applied immediately before IP completion day.”.”.
(4) In regulation 4(amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013) in paragraph (2), in the new regulation 15A to be inserted by that paragraph, for “exit day” each time it occurs substitute “ IP completion day ”.
(5) In regulation 5 (amendment of the Honey (Scotland) Regulations 2015) in paragraph 3 after “appropriate—” substitute—
““blends of honeys from more than one country”,
“blend of honeys from (insert name of a specified continent or trading bloc)”,
“blend of honeys from outwith (insert name of a specified continent or trading bloc)”,
“blend of honeys from (insert name of a specified country) and (other countries)”,
“blend of honeys from (insert name of a specified continent or trading bloc) and outwith (insert name of a specified continent or trading bloc)”, or
“blend of honeys from (insert name of a specified country or specified continent or trading bloc) and (other countries”).”.
(6) In Regulation 6 (amendment of the Caseins and Caseinates (Scotland) (No. 2) Regulations 2016) in paragraph (3), in the new regulation 6A to be inserted by that paragraph, for “exit day” each time it occurs substitute “ IP completion day ”.
Commencement Information
I9Reg. 9 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)(a)
Marginal Citations
M13Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin; relevantly amended by S.I. 2019/640 and S.I. 2019/1013.
JOE FITZPATRICK
Authorised to sign by the Scottish Ministers
St Andrew's House,
Edinburgh
(This note is not part of the Regulations)
These Regulations are made by Scottish Ministers in exercise of the powers conferred by paragraphs 1(1), 3 and 11M(1) of schedule 2 and paragraph 21(b) of schedule 7 of the European Union (Withdrawal) Act 2018 (c.16). The Regulations are made in order to address failures of retained EU law to operate effectively arising as a result of the withdrawal of the UK from the European Union and to implement the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement.
In accordance with paragraph 4 of schedule 2 of the European Union (Withdrawal) Act 2018, the Scottish Ministers have consulted with the Secretary of State.
These Regulations make amendments to subordinate legislation in the field of food and feed in relation to Scotland.
A Business and Regulatory Impact Assessment has not been carried out for this instrument as no significant impact on the private or voluntary sector is foreseen.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys