The Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020

Contents

1Citation and commencement#

These Regulations may be cited as the Foods for Specific Groups (Medical Foods for Infants) and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020 and come into force on 22February 2020.

2Amendment of the Foods for Specific Groups (Scotland) Regulations 2016#

Schedule 1 has effect.

3Amendment of the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007#

(1)The Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007 are amended as follows.

(2)In regulation 2(1) (interpretation), in the definition of “the EC Regulation”, for “I or II”, substitute “I, II or III”.

(3)In regulation 4(2) (offences and penalties)—

(a)at the end of sub-paragraph (d), omit “and”,

(b)after sub-paragraph (e), insert—“f Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex III, Part A to foods or its use in the manufacture of foods), andg Article (8)(2)(a)(ii) (prohibition of the addition of a substance listed in Annex III, Part B to foods or its use in the manufacture of foods, unless that substance is added or used in accordance with the conditions specified in that Part).”

4Revocations and saving#

(1)The instruments specified in column 1 of the table in schedule 2 are revoked to the extent specified in column 3 of that table, subject to paragraph 2.

(2)The instruments specified in column 1 of the table in schedule 2 continue to have effect (so far as otherwise revoked to the extent specified in column 3 of that table) for the purposes of regulation 4A of the Foods for Specific Groups (Scotland) Regulations 2016.

Schedule 1 · Amendment of the Foods for Specific Groups (Scotland) Regulations 2016

(1)

(1)The Foods for Specific Groups (Scotland) Regulations 2016 are amended as follows.

(2)In regulation 4(1) (offences and penalties), for “A person” substitute “Subject to regulation 4A, a person”.

(3)After regulation 4, insert—“4A 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, orii before 22 February 2020 in the case of food for special medical purposes developed to satisfy the nutritional requirements of infants, andc the requirements specified in regulation 3 of the Foods for Special Medical Purposes (Scotland) Regulations 2000 are met.”

(4)In schedule 1 (specified EU requirements)—

(a)in the part of the table relating to the EU Regulation—

(i)omit the entry relating to Article 4(1) (requirement for placing food on the market),

(ii)omit the entry relating to Article 9(3) (requirement for substances added to food), and

(iii)insert, at the end—“”

(b)for the part of the table relating to the Delegated Regulation substitute—“”

Schedule 2 · Revocations

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