The Food Supplements (Scotland) Regulations 2003

JurisdictionScotland
CitationSSI 2003/278
(1) These Regulations may be cited as the Food Supplements (Scotland) Regulations 2003 and shall come into force on 1st August 2005.(2) These Regulations shall extend to Scotland only.(1) In these Regulations–it is ready for sale to the ultimate consumer or to a catering establishment; andit is put into packaging before being offered for sale in such a way that the food supplement cannot be altered without opening or changing the packaging.(3) Other expressions used both in these Regulations and in Directive 2002/46 have the same meaning in these Regulations as they have in that Directive.(1) These Regulations apply to food supplements sold as food and presented as such.(2) These Regulations do not apply to medicinal products as defined by Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use .
  • No person shall sell any food supplement to the ultimate consumer unless it is prepacked.
  • is listed in column 1 of Schedule 1; andis listed in Schedule 2; andmeets the relevant purity criteria.the purity criteria, if any, specified by Community legislation for the use of the substance in question in the manufacture of food for purposes other than those covered by Directive 2002/46; orin the absence of such purity criteria, generally acceptable purity criteria for the substance in question recommended by international bodies.the substance in question was used in the manufacture of a food supplement which was on sale in the European Community on 12th July 2002;a dossier supporting use of the substance in question was submitted to the European Commission by the Food Standards Agency or a member State other than the United Kingdom by 12th July 2005; andthe European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form in the manufacture of food supplements.(1) No person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the name under which it is sold is “food supplement”.the name of the category of any vitamin or mineral or other substance with a nutritional or physiological effect which characterises the product or an indication of the nature of that vitamin or mineral or other substance;the portion of the product recommended for daily consumption;a warning not to exceed the stated recommended daily dose;a statement to the effect that food supplements should not be used as a substitute for a varied diet;a statement to the effect that the product should be stored out of the reach of young children; andthe amount of any vitamin or mineral or other substance with a nutritional or physiological effect which is present in the product.be given in numerical form;in the case of a vitamin or mineral listed in column 1 of Schedule 1, be given using the relevant unit specified in column 2 of that Schedule;be the amount per portion of the product as recommended for daily consumption on the labelling of the product;be an average amount based on the manufacturer’s analysis of the product; andin the case of a vitamin or mineral listed in the Annex to Council Directive 90/496/EEC on nutrition labelling for foodstuffs , be expressed also as a percentage (which may also be given in graphical form) of the relevant recommended daily allowance specified in that Annex.(4) No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the labelling, presentation or advertising of that food supplement includes any mention, express or implied, that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.on the packaging;on a label attached to the packaging; oron a label which is clearly visible through the packaging:on a label attached to the food supplement;on a ticket or notice which is readily discernible by the intending purchaser at the place where the purchaser chooses the food supplement; orin commercial documents relating to the food supplement where it can be guaranteed that such documents either accompany the food supplement to which they relate or were sent before, or at the same time as, delivery of the food supplement.(3) No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are easy to understand, clearly legible and indelible and, when a food is sold to the ultimate consumer, those particulars are marked in a conspicuous place in such a way as to be easily visible.(4) No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are in any way hidden, obscured or interrupted by any other written or pictorial matter.
  • Each food authority shall...
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