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The Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023

As Enacted Cited authorities 93 Cited in Related
Vincent
JurisdictionScotland
Year2023
CitationSSI 2023/161

2023 No. 161

Food

The Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023

Made 23th May 2023

Laid before the Scottish Parliament 25th May 2023

Coming into force 30th June 2023

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 49(1) and (2)(c), and 52 of the Food (Scotland) Act 20151and 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 50(1)(a) of the Food (Scotland) Act 2015.

There has been consultation as required by Article 9 of Regulation (EC) 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the Food Safety Authority and laying down procedures in matters of food safety2.

S-1 Citation, commencement and interpretation

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023.

(2) These Regulations come into force on 30 June 2023.

(3) In these Regulations—

(a)

(a) “the 1990 Act” means the Food Safety Act 19903,

(b)

(b) “the 2015 Act” means the Food (Scotland) Act 2015.

S-2 Meaning of relevant offence, specified standard and specified period

Meaning of relevant offence, specified standard and specified period

2.—(1) For the purposes of Part 3 (administrative sanctions) of the 2015 Act, as it applies to compliance notices, an offence specified in the schedule is a “relevant offence”.

(2) The “specified standard” for the purposes of section 42(3) (compliance notices) of the 2015 Act is on the balance of probabilities.

(3) The “specified period” for the purposes of section 43(3) (content and form of a compliance notice) of the 2015 Act is 14 days.

S-3 Application of provisions of the 1990 Act

Application of provisions of the 1990 Act

3. The following provisions of the 1990 Act apply for the purposes of the provisions of the 2015 Act mentioned, subject to the modifications specified—

(a) section 30(8) (documentary evidence in proceedings for offences) applies for the purposes of sections 44 (failure to comply with a compliance notice) and 48 (appeal against a compliance notice) of the 2015 Act with the modification that the reference to “this Act” is to be read as a reference to Part 3 of 2015 Act, as that Part applies to compliance notices,

(b) section 34 (time limit for prosecutions) applies for the purposes of section 44 (failure to comply with a compliance notice) of the 2015 Act with the modification that the reference to “this Act which is punishable under section 35(A1), (A2) or (2) below” is to be read as a reference to section 44 of the 2015 Act,

(c) section 40 (power to issue codes of practice) applies for the purposes of Part 3 of the 2015 Act as that Part applies to compliance notices with the modifications that—

(i) any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act, as that Part applies to compliance notices,

(ii) any reference to a “food authority” is to be read as a reference to an enforcement authority,

(d) section 49(3) to (5) (form and authentication of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modifications that any reference to a “food authority” is to be read as a reference to an enforcement authority,

(e) section 50 (service of documents) applies for the purposes of sections 42 (compliance notices) and 47 (withdrawal of a compliance notice) of the 2015 Act with the modification that any reference to “this Act” is to be read as a reference to Part 3 of the 2015 Act as that Part applies to compliance notices.

JENNI MINTO

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd May 2023

SCHEDULE

Regulation 2(1)

Relevant Offences for the purposes of Part 3 of the 2015 Act as it applies to compliance notices

SCH-1.1

1. The Quick-frozen Foodstuffs Regulations 1990

An offence under any of the following provisions of the Quick-frozen Foodstuffs Regulations 19904—

(a) regulation 3 (sale of quick-frozen foodstuffs),

(b) regulation 4 (packaging of quick-frozen foodstuffs intended for supply to the ultimate consumer),

(c) regulation 5(1), (2), (3) and (4) (labelling of quick-frozen foodstuffs),

(d) regulation 6 (equipment),

(e) regulation 7(1A) (penalties and enforcement).

SCH-1.2

2. Food (Lot Marking) Regulations 1996

An offence under regulation 5(1) (enforcement) of the Food (Lot Marking) Regulations 19965.

SCH-1.3

3. Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

An offence under regulation 6(1) (offences and penalties) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 19976.

SCH-1.4

4. Bread and Flour Regulations 1998

An offence under any of the following provisions of the Bread and Flour Regulations 19987—

(a) regulation 4(4)(a) and (4)(b)(ii) (composition of flour),

(b) regulation 5 (additional ingredients),

(c) regulation 6(2) (restrictions on the use of the words ‘wholemeal’ and ‘wheatgerm’).

SCH-1.5

5. Coffee Extracts and Chicory Extracts (Scotland) Regulations 2001

An offence under regulation 7(1) (penalties and enforcement) of the Coffee Extracts and Chicory Extracts (Scotland) Regulations 20018.

SCH-1.6

6. Kava-kava in Food (Scotland) Regulations 2002

An offence under regulation 4(1) (penalty and enforcement) of the Kava-kava in Food (Scotland) Regulations 20029.

SCH-1.7

7. Food Supplements (Scotland) Regulations 2003

An offence under regulation 9 (offences and penalties) of the Food Supplements (Scotland) Regulations 200310.

SCH-1.8

8. Cocoa and Chocolate Products (Scotland) Regulations 2003

An offence under regulation 8(1) (penalties and enforcement) of the Cocoa and Chocolate Products (Scotland) Regulations 200311.

SCH-1.9

9. Condensed Milk and Dried Milk (Scotland) Regulations 2003

An offence under regulation 7(1) (penalties and enforcement) of the Condensed Milk and Dried Milk (Scotland) Regulations 200312.

SCH-1.10

10. Specified Sugar Products (Scotland) Regulations 2003

An offence under regulation 7(1) (penalties and enforcement) of the Specified Sugar Products (Scotland) Regulations 200313.

SCH-1.11

11. Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 2004

An offence under any of the following provisions of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Scotland) Regulations 200414—

(a) regulation 4 (restrictions on the sale of processed CEREAL-BASED foods and baby foods),

(b) regulation 5(1), (3) and (4) (general requirements as to manufacture and composition),

(c) regulation 6 (added nutritional substances and nutrients),

(d) regulation 7 (pesticide residues),

(e) regulation 8 (labelling).

SCH-1.12

12. Jam and Similar Products (Scotland) Regulations 2004

An offence under regulation 7(1) (penalties and enforcement) of the Jam and Similar Products (Scotland) Regulations 200415.

SCH-1.13

13. Genetically Modified Food (Scotland) Regulations 2004

An offence under regulation 5 (offences and penalties) of the Genetically Modified Food (Scotland) Regulations 200416.

SCH-1.14

14. General Food Regulations 2004

An offence under any of the following provisions of the General Food Regulations 200417—

(a) regulation 4(b) (Article 14(1) food safety requirements),

(b) regulation 4(c) (Article 16 (presentation) in so far as it relates to food),

(c) regulation 4(d) (Article 18(2) or (3) (traceability) in so far as it relates to food business operators),

(d) regulation 4(e) (Article 19(4) responsibilities for food: food business operators).

SCH-1.15

15. Tryptophan in Food (Scotland) Regulations 2005

An offence under regulation 6(1) (offences and penalty) of the Tryptophan in Food (Scotland) Regulations 200518.

SCH-1.16

16. Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 2007

An offence under any of the following provisions of the Addition of Vitamins, Minerals and Other Substances (Scotland) Regulations 200719—

(a) regulation 4(2)(a) (Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules)),

(b) regulation 4(2)(b) (Article 4 (prohibition on addition of vitamins and minerals to certain foods)),

(c) regulation 4(2)(c) (Article 5(2) (requirement to observe purity criteria)),

(d) regulation 4(2)(d) (Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined)),

(e) regulation 4(2)(e) (Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added) as read with the first subparagraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006and (EC) No 1925/2006of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/ECof the European Parliament and of the Council, Commission Directives 2002/67/ECand 2008/5/ECand Commission regulation (EC) No 608/2004).

SCH-1.17

17. Nutrition and Health Claims (Scotland) Regulations 2007

An offence under regulation 5 (offences and penalties) of the Nutrition and Health Claims (Scotland) Regulations 200720.

SCH-1.18

18. Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007

An offence under regulation 20 (offences and penalties) of...

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