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Scottish Statutory Instruments
Food
Made
21st November 2022
Laid before the Scottish Parliament
23rd November 2022
Coming into force
18th January 2023
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 16(1)(a) and (e) of the Food Safety Act 1990(1) and all other powers enabling them to do so.
The Scottish Ministers have had regard to relevant advice given by Food Standards Scotland in accordance with section 48(4A) of the Food Safety Act 1990(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 (“the 1990 Act”). Section 16(1) was amended by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), schedule 5, paragraph 8. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).
Section 48(4A) was inserted by the 1999 Act, schedule 5, paragraph 21. In accordance with section 48(6) of the 1990 Act, the reference to the Food Standards Agency in that section is to be read as a reference to Food Standards Scotland.
EUR 178/2002, as amended by S.I. 2019/641. In accordance with section 48(4C) of the 1990 Act, the consultation requirement at section 48(4) does not apply as consultation is required by Article 9 of EUR 178/2002.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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