The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2002

Restriction on sale

3.—(1) No person who, in respect of PNU food of a particular type–

(a) is a manufacturer or an importer referred to in Article 9 of the Directive; and

(b) has failed to comply with–

(i) a requirement to notify the competent authority, as referred to in paragraph 1 or 2 of that Article; or

(ii) a requirement to produce anything to the competent authority, as referred to in paragraph 3 of that Article,

shall sell a PNU food of that type.

(2) For the purposes of paragraph (1) above the competent authority is–

(a) in respect of PNU food manufactured in Scotland, or imported into Scotland from outside the United Kingdom, the Food Standards Agency;

(b) in respect of PNU food manufactured in or imported from outside the United Kingdom into another territory within the United Kingdom, the authority duly designated in that territory as the competent authority for the purposes of Article 9 of the Directive in respect of the food.