Amendment of the Foods for Specific Groups (Scotland) Regulations 20164

1

The Foods for Specific Groups (Scotland) Regulations 2016 M1 are amended in accordance with paragraphs (2) and (3).

2

In regulation 2 (interpretation)—

a

in paragraph (1)—

i

after the definition of “the Act” insert “ “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 ”M2 , and

ii

in the definition of “specified EU requirement” after “the EU Regulation” insert “ or the Delegated Regulation ”,

b

in paragraph (2) after “EU Regulation” insert “ or the Delegated Regulation, as the case may be ”,

c

for paragraph (3) substitute—

3

Expressions defined in Article 2 of the EU Regulation have the same meaning in these Regulations as they have in that Regulation.

d

in paragraph (4)—

i

after “Article 2” insert “ of the EU Regulation ”, and

ii

after “EU Regulation” in the second place it appears insert “ or the Delegated Regulation, as the case may be ”.

3

In schedule 1 (specified EU requirements) replace the table with the following.

Column 1

Column 2

Specified provision of the EU Regulation

Provisions of the EU Regulation to be read with the specified provision of the EU Regulation

Article 4(1) (requirement for placing food on the market)

Article 1 (1)

Article 4(2) (requirement for food to be pre-packed)

Articles 1(1) and 4(1)

Article 9(1) (requirement for the composition of food to be nutritionally appropriate and suitable)

Articles 1(1), 4(1), 9(3) and (4)

Article 9(2) (prohibition on substances in dangerous quantities)

Articles 1(1) and 4(1)

Article 9(3) (requirement for substances added to food)

Article 1 (1)

Article 9(5) (requirements as to labelling, presentation and advertising of food)

Articles 1(1), 4(1) and 9(6)

Article 10 (additional requirements for infant formula and follow-on formula)

Article 4(1)

Specified provision of the Delegated Regulation

Provisions of the Delegated Regulation to be read with the specified provision of the Delegated Regulation

Article 2(2) (requirement for the formulation of food to be based on sound medical and nutritional principles)

Article 1

The second sub-paragraph of Article 2(3) (requirement for food to comply with Part B of Annex I)

Articles 1 and 2(4), and Part B of Annex I

Article 3(2) (requirement on pesticides in food for special medical purposes developed to satisfy the nutritional requirements of infants and young children)

Article 3(5)

Article 3(4) (maximum residue levels)

Article 3(5)

Article 4 (name of the food)

Annex IV

Article 5(2) (specific requirements on food information)

Articles 1, and 5(1) (3)

Article 6 (specific requirements on the nutrition declaration)

Article 1

Article 7 (nutrition and health claims)

Article 1

Article 9 (notification)

Article 1