The Foods for Specific Groups (Scotland) Regulations 2016

Contents

1Citation, commencement and extent#

(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.

2Interpretation#

(1)In these Regulations—• “the Act” means the Food Safety Act 1990;• “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;• “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• “specified requirement” means any provision of the EU Regulation 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 or the Delegated Regulation, as the case may be.

(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 of the EU Regulation or a provision of the EU Regulation 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.

3Enforcement#

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

4Offences and penalties#

(1)Subject to regulation 4A, a person is guilty of an offence if they fail to comply with any 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.

4ATransitional Provision#

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.

5Application of provisions of the Act#

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.

6Amendment of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997#

(1)The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 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.”

7Revocations#

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

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

Schedule 1 · Specified requirements

Schedule 2 · Modification of provisions of the Act

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 6

Show every defined term

food authority
means a council constituted under section 2 of the Local Government etc.
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.”
specified requirement
means any provision of the EU Regulation or the Delegated Regulation specified in column 1 of schedule 1 as read with the provisions specified in the corresponding entry in column 2.
the Act
means the Food Safety Act 1990;
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.
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;