Amendment of the Food Supplements (Scotland) Regulations 20034.

(1)

The Food Supplements (Scotland) Regulations 20037 are amended as follows.

(2)

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

omit the definition of “Directive 2001/83”,

(ii)

after the definition of “food supplement”, add—

““nutrients” means the following substances:

  1. (i)

    vitamins, and

  2. (ii)

    minerals;” and

(iii)

after the definition of “sell”, add—
““the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 20198;”, and

(b)

omit paragraphs (3) and (4).

(3)

In regulation 3 (scope of regulations), in paragraph (2) for “Directive 2001/83”, substitute “regulation 2(1) of the Human Medicines Regulations 20129”.

(4)

In regulation 5 (prohibitions on sale relating to composition of food supplements)–

(a)

in paragraph (1)—

(i)

in sub-paragraph (a) for “Annex I to Directive 2002/46”, substitute “schedule 1 of the 2019 Regulations”, and

(ii)

in sub-paragraph (b)(i) for “Annex II to Directive 2002/46”, substitute “schedule 2 of the 2019 Regulations”, and

(b)

in paragraph (2) for sub-paragraph (a), substitute—

“(a)

the purity criteria, if any, specified in retained EU law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or”.

(5)

In regulation 6 (restrictions on sale relating to labelling etc of food supplements), in paragraph (3)(b) for “Annex I to Directive 2002/46”, substitute “schedule 1 of the 2019 Regulations”.