This Scottish Statutory Instrument has been printed to correct errors in the S.S.I. of the same number and is being issued free of charge to all known recipients of that Scottish Statutory Instrument.
Scottish Statutory Instruments
Food
Made
4th March 2010
Laid before the Scottish Parliament
5th March 2010
Coming into force
6th April 2010
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1) and all other powers enabling them to do so.
In accordance with section 48(4A) of that Act, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency(2).
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(3).
1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), Schedule 9, paragraph 6, the Food Standards Act 1999 (c.28) (“the 1999 Act”), Schedule 5, paragraph 10(3) and the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794), Schedule 2. Sections 16(1)(e) and (f) and 48(1) were amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17(2) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12. Section 26(3) was amended by the 1999 Act, Schedule 6, paragraph 1. Amendments made by Schedule 5 to the 1999 Act which extend to Scotland shall be taken as pre‑commencement enactments for the purposes of the Scotland Act 1998 (c.46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State, so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998. In so far as not transferred, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).
Section 48(4A) was inserted by the 1999 Act, Schedule 5, paragraph 21. Section 48(4) was disapplied in respect of these Regulations by virtue of section 48(4C) of the Food Safety Act 1990 which was inserted by regulation 5(b) of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990).
O.J. No. L 31, 1.2.02, p.1 as amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L 245, 29.9.2003, p.4), Commission Regulation (EC) No. 575/2006 (O.J. No. L 100, 8.4.2006, p.3), Commission Regulation (EC) No. 202/2008 (O.J. No. L 60, 5.3.2008, p.17) and Regulation (EC) No. 596/2009 of the European Parliament and of the Council (O.J. No. L 188, 18.7.2009, p.14).