Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 20073.
(1)
(2)
““the Directive” means Directive 2009/39 of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses, as amended from time to time;”.
(3)
In regulation 3 (restriction on sale)—
(a)
“(1)
No person who, in respect of a PNU food product of a particular type—
(a)
is a manufacturer or an importer referred to in Article 11 of the Directive, but
(b)
has failed to comply with—
(i)
a requirement to notify the competent authority, as referred to in sub-paragraph (a) or (b) of paragraph (1) of that Article, or
(ii)
a requirement to produce anything to the competent authority, as referred to in sub-paragraph (c) of paragraph (1) of that Article,
shall sell a PNU food product of that type.”; and
(b)
in paragraph (2)(b) for “Article 9” substitute “Article 11”.
(4)
In paragraph (1) of regulation 4 (declaration), for “Article 1(2)” substitute “Article 1(2) and (3)”.