Spreadable Fats (Marketing Standards) (Scotland) Regulations 1999

JurisdictionScotland
CitationSSI 1999/34

1999 No.34

FOOD

The Spreadable Fats (Marketing Standards) (Scotland) Regulations 1999

Made 19th August 1999

Laid before the Scottish Parliament 3rd September 1999

Coming into force 1st October 1999

The Scottish Ministers, in exercise of the powers conferred on them by sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 19901and of all other powers enabling them in that behalf, after consultation in accordance with section 48(4) of that Act with such organisation as appear to them to be representative of interest likely to be substantially affected by the Regulations, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Spreadable Fats (Marketing Standards) (Scotland) Regulations 1999 and shall come into force on 1 October 1999.

S-2 Interpretation

Interpretation

2.—(1) In these Regulations–

“the Act” means the Food Safety Act 1990;

“the Commission Regulation” means Commission Regulation (EC) No. 577/972laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No. 1898/87on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No. 1278/973Commission Regulation (EC) No. 2181/974Commission Regulation (EC) No. 623/985Commission Regulation (EC) No. 1298/986Commission Regulation (EC) No. 2521/987and Commission Regulation (EC) No. 568/19998

“Community provision” means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1;

“the Council Regulation” means Council Regulation (EC) No. 2991/949laying down standards for spreadable fats;

“EEA Agreement” means the Agreement on the European Economic Area10signed at Oporto on 2nd May 1992 as adjusted by the Protocol11signed at Brussels on 17th March 1993;

“EEA State” means a State which is a Contracting Party to the EEA Agreement;

“sell” includes possess for sale, and offer, expose or advertise for sale;

“sell by retail” means sell to a person buying otherwise than for the purpose of re-sale;

“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent;

“vitamin D” means the anti-rachitic vitamins.

(2) Other expressions used both in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation.

S-3 Exemptions

Exemptions

3.—(1) Except where paragraph (2) below applies, unless and until there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which–

(a)

(a) is brought into Scotland–

(i) from an EEA State (other than a member State) in which it was lawfully produced and sold, or

(ii) from another part of the United Kingdom if that spreadable fat was brought there from such an EEA State; and

(b)

(b) is suitably labelled to indicate the nature of the spreadable fat.

(2) Regulation 4 of these Regulations shall not apply in respect of any margarine which–

(a)

(a) is brought into Scotland –

(i) from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold;

(ii) from a Member State (other than the United Kingdom) in which it was in free circulation and lawfully sold; and

(iii) from another part of the United Kingdom in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and

(b)

(b) is suitably labelled to indicate the nature of the margarine.

(3) For the purposes of paragraph (2) above, “free circulation” has the same meaning as in Article 23(2) of the Treaty establishing the European Community.

S-4 Vitamin content of margarine

Vitamin content of margarine

4.—(1) Any margarine sold by retail shall contain in every 100 grams of such margarine–

(a)

(a) not less than 800 micrograms and not more than 1000 micrograms of vitamin A, and

(b)

(b) not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,

and a proportionate amount in any part of 100 grams.

(2) No person shall sell by retail any margarine in contravention of this regulation.

S-5 Enforcement

Enforcement

5. Each food authority shall enforce and execute within its area the Community provisions and these Regulations.

S-6 Offences and penalty

Offences and penalty

6. If any person contravenes or fails to comply with–

(a) regulation 4 of these Regulations, or

(b) any Community provision,

he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

S-7 Defence in relation to exports

Defence in relation to exports

7. In any proceedings under regulation 6(b) of these Regulations it shall be a defence for the person charged to prove–

(a) that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and

(b) that the legislation complies with the Council Regulation and the Commission Regulation in the case of–

(i) export to a member State, or

(ii) where there is a...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT