Scottish Statutory Instruments
Food
Made
28th October 2015
Laid before the Scottish Parliament
30th October 2015
Coming into force
28th November 2015
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 6(4), 16(1), 17(1), 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) and (6) of that Act, the Scottish Ministers have had regard to relevant advice given by Food Standards Scotland(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 paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40), paragraph 10(3) of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”) and S.I. 2002/794. Section 6(4A) was inserted by paragraph 3(2) of the schedule to the Food (Scotland) Act 2015 (asp 1). Section 16(1)(e) was amended by section 34(1) of the Food (Scotland) Act 2015. Sections 17(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17(1) was also amended by paragraph 12 of Schedule 5 to the 1999 Act. Section 26(3) was amended by paragraph 1 of Schedule 6 to the 1999 Act. Section 48(4) is disapplied in respect of these Regulations by virtue of section 48(4C) which was inserted by S.I. 2004/2990. By virtue of section 40(2) of the 1999 Act, amendments made by Schedule 5 to that Act are to be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c.46). The functions of the Secretary of State, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of that Act. In so far as not transferred, and in so far as relating to food (including drink) including the primary production of food, relevant functions were transferred to the Scottish Ministers by S.I. 2005/849.
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act. Section 48(6) was added by paragraph 3(1) of the schedule to the Food (Scotland) Act 2015.
OJ L 31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ L 188, 18.7.2009, p.14).