Explanatory Note
(This note is not part of the Regulations)
These Regulations, which extend to Scotland only, make provision to enforce Commission Delegated Regulation (EU) 2016/127 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding (“the Delegated Regulation”).
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and references in them to provisions of the Delegated Regulation are to be construed as references to such provisions as they are amended from time to time.
Definitions of expressions used in the Delegated Regulation are contained in Article 2 of 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 (“the EU Regulation”). Expressions used in these Regulations which are defined in Article 2 of the EU Regulation are to be construed in accordance with the definitions in that Article, as it is amended from time to time.
Regulation 3 outlines that each food authority must execute and enforce these Regulations within its area. A “food authority” in relation to Scotland is defined in section 5(2) of the Food Safety Act 1990 (c.16) as a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39).
Regulation 4 provides that subject to transitional arrangements, it is an offence under these Regulations to fail to comply with any of the requirements of the Delegated Regulation which are specified in column 1 of the table in schedule 1. Regulation 4 also provides the penalty for breaching any of these requirements.
Regulation 5 introduces schedule 2, which applies provisions of the Food Safety Act 1990 for the purposes of these Regulations.
Regulation 6 outlines transitional arrangements, whereby infant formula or follow-on formula which has been placed on the market or labelled prior to the date of application of the Delegated Regulation (22 February 2020 or, in the case of infant formula or follow-on formula manufactured from protein hydrolysates, 22 February 2021) can continue to be marketed until stocks are exhausted, provided that certain requirements are met.
Regulation 6 and schedule 2 provide for revocations in consequence of these Regulations.
Regulation 7 makes an amendment which arises as a consequence of those revocations.