1.—(1) These Regulations may be cited as the Foodstuffs Suitable for People Intolerant to Gluten (Scotland) Regulations 2010 and come into force on 1st January 2012.
(2) These Regulations extend to Scotland only.
2.—(1) In these Regulations—
“the Commission Regulation” means Commission Regulation (EC) No. 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten(1);
“specified provision” means any provision of the Commission Regulation that is specified in Column 1 of the Schedule and whose subject-matter is described in Column 2 of that Schedule.
(2) Any expression used both in these Regulations and in the Commission Regulation has the meaning that it bears in the Commission Regulation.
3.—(1) Any person who contravenes any of the specified provisions shall be guilty of an offence.
(2) A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Each food authority shall execute and enforce these Regulations within its area.
4. For the purposes of these Regulations, the specified provisions shall apply to foodstuffs for people intolerant to gluten that are placed on the retail market irrespective of whether they are in pre-packaged form.
5. The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof shall be construed as a reference to these Regulations—
(a)section 3 (presumptions that food intended for human consumption);
(b)section 20 (offences due to fault of another person);
(c)section 21 (defence of due diligence)(2), with the following modifications—
(i)that subsections (2) to (4) shall apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section 14 or 15; and
(ii)that in subsection (4)(b) the references to “sale or intended sale” shall be deemed to include references to “labelling, advertising or presentation”;
(d)section 30(8) (analysis etc. of samples);
(e)section 33(1) (obstruction etc. of officers);
(f)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (e);
(g)section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);
(h)section 35(2) and (3)(3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (f);
(i)section 36 (offences by bodies corporate);
(j)section 36A (offences by Scottish partnerships)(4); and
(k)section 44 (protection of officers acting in good faith).
NICOLA STURGEON
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
6th October 2010