The Foods for Specific Groups (Scotland) Regulations 2016

Citation, commencement and extent S

1.—(1) These Regulations may be cited as the Foods for Specific Groups (Scotland) Regulations 2016 and come into force on 20th July 2016.

(2) These Regulations extend to Scotland only.

Commencement Information

I1 Reg. 1 in force at 20.7.2016, see reg. 1(1)

Interpretation S

2.—(1) In these Regulations—

“the Act” means the Food Safety Act 1990;

[F1 “the Delegated Regulation” means Commission Delegated Regulation (EU) 2016/128 supplementing Regulation (EU) 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes]

“food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994(1);

“the EU Regulation” means Regulation (EU) No 609/2013 of the European Parliament and of the Council, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009; and

[F2 “specified requirement”] means any provision of the EU Regulation [F3 or the Delegated Regulation] specified in column 1 of schedule 1 as read with the provisions specified in the corresponding entry in column 2.

(2) Unless the context otherwise requires any reference in these Regulations to an Article is a reference to an Article of the EU Regulation [F4 or the Delegated Regulation, as the case may be].

[F5 (3) Expressions defined in Article 2 of the EU Regulation have the same meaning in these Regulations as they have in that Regulation.]

(4) Any reference to Article 2 [F6 of the EU Regulation] or a provision of the EU Regulation [F7 or the Delegated Regulation, as the case may be] specified in schedule 1 is a reference to that provision as amended from time to time.

Textual Amendments

F1 Words in reg. 2(1) inserted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(a)(i)

F2 Words in reg. 2(1) substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 4(2)

F3 Words in reg. 2(1) inserted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(a)(ii)

F4 Words in reg. 2(2) inserted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(b)

F5 Reg. 2(3) substituted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(c)

F6 Words in reg. 2(4) inserted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(d)(i)

F7 Words in reg. 2(4) inserted (22.2.2019) by The Foods for Specific Groups (Medical Foods) (Miscellaneous Amendments) (Scotland) Regulations 2018 (S.S.I. 2018/392), regs. 1(1), 4(2)(d)(ii)

Commencement Information

I2 Reg. 2 in force at 20.7.2016, see reg. 1(1)

Enforcement S

3.  Each food authority must execute and enforce these Regulations within its area.

Commencement Information

I3 Reg. 3 in force at 20.7.2016, see reg. 1(1)

Offences and penalties S

4.—(1)  [F8 Subject to regulation 4A, a person] is guilty of an offence if they fail to comply with any [F9 specified requirement].

(2) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F8 Words in reg. 4(1) substituted (22.2.2020) by The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/7), reg. 1, sch. 1 para. 1(2)

F9 Words in reg. 4(1) substituted (31.12.2020) by The Food and Feed (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/372), regs. 1(2)(b), 4(3)

Commencement Information

I4 Reg. 4 in force at 20.7.2016, see reg. 1(1)

[F10 Transitional Provision S

4A.   A person is not guilty of an offence under regulation 4(1) if they continue to market food for special medical purposes which does not comply with a provision of the Delegated Regulation specified in schedule 1, provided that—

(a) it complies with the requirements of the EU Regulation specified in schedule 1,

(b) it was placed on the market or labelled—

(i) before 22 February 2019, or

(ii) before 22 February 2020 in the case of food for special medical purposes developed to satisfy the nutritional requirements of infants, and

(c) the requirements specified in regulation 3 of the Foods for Special Medical Purposes (Scotland) Regulations 2000 are met.]

Textual Amendments

F10 Reg. 4A inserted (22.2.2020) by The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 (S.S.I. 2020/7), reg. 1, sch. 1 para. 1(3)

Application of provisions of the Act S

5.  The provisions of the Act specified in column 1 of the table in schedule 2 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Commencement Information

I5 Reg. 5 in force at 20.7.2016, see reg. 1(1)

Amendment of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 S

6.—(1) The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(2) are amended in accordance with paragraph (2).

(2) For the definition of “relevant food” in regulation 1(2) substitute—

““relevant food” means specially formulated food intended for use in energy-restricted diets for weight reduction, being food which complies with the compositional requirements in schedule 1 and which, when used as instructed by the manufacturer, replaces the whole of the total daily diet.”.

Commencement Information

I6 Reg. 6 in force at 20.7.2016, see reg. 1(1)

Revocations S

7.—(1) Regulations 26 and 27 of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007(3) are revoked.

(2) The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007(4) are revoked.

Commencement Information

I7 Reg. 7 in force at 20.7.2016, see reg. 1(1)

AILEEN CAMPBELL

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh