Statutory Instruments of the Scottish Parliament

"the Act" means the Food Safety Act 1990;

"baby foods" means foods for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food, but excludes processed cereal-based foods;

- the amount of added carbohydrates from these sources shall not exceed 1.8 g /100 kJ (7.5 g/100 kcal),

- the amount of added fructose shall not exceed 0.9 g/100 kJ (3.75 g/100 kcal).

     3.2 If sucrose, fructose, glucose syrups or honey are added to products mentioned in paragraph 2 of Part I:

- the amount of added carbohydrates from these sources shall not exceed 1.2 g /100 kJ (5 g/100 kcal),

- the amount of added fructose shall not exceed 0.6 g/100 kJ (2.5 g/100 kcal).

     4. Fat

     4.1 For products mentioned in paragraphs 1 and 4 of Part I, the fat content shall not exceed 0.8 g/100 kJ (3.3 g/100 kcal).

     4.2 For products mentioned in paragraph 2 of Part I, the fat content shall not exceed 1.1 g/100 kJ (4.5 /100 kcal). If the fat content exceeds 0.8 g/100 kJ (3.3 g/100 kcal):

(a) the amount of lauric acid shall not exceed 15 per cent of the total fat content;

(b) the amount of myristic acid shall not exceed 15 per cent of the total fat content;

(c) the amount of linoleic acid (in the form of glycerides = linoleates) shall not be less than 70 mg/100 kJ (300 mg/100 kcal) and shall not exceed 285 mg/100 kJ (1200 mg/100 kcal).

     5. Minerals

     5.1. Sodium

- sodium salts may only be added to processed CEREAL-BASED foods for technological purposes,

- the sodium content of processed CEREAL-BASED foods shall not exceed 25 mg/100 kJ (100 mg/100 kcal).

     5.2. Calcium

     5.2.1. For products mentioned in paragraph 2 of Part I, the amount of calcium shall not be less than 20 mg/100 kJ (80 mg/100 kcal).

     5.2.2. For products mentioned in paragraph 4 of Part I manufactured with the addition of milk (milk biscuits) and presented as such, the amount of calcium shall not be less than 12 mg/100 kJ (50 mg/100 kcal).

     6. Vitamins

     6.1. For processed CEREAL-BASED foods the amount of thiamin shall not be less than 25 µg/100 kJ (100 µg/100 kcal).

     6.2. For products mentioned in paragraph 2 of Part I:

	Per 100 kJ		Per 100 kcal
	Minimum	Maximum	Minimum	Maximum
Vitamin A (µg RE)(1)	14	43	60	180
Vitamin D (µg)(2)	0.25	0.75	1	3

(¹)RE = all trans retinol equivalents

(²)In the form of cholecalciferol, of which 10 µg = 400 i.u. of Vitamin D

These limits are also applicable if vitamins A and D are added to other processed CEREAL-BASED foods.

- the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 40 per cent by weight of the total product,

- each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources,

- the total protein from the named sources shall not be less than 1.7 g/100 kJ (7 g/100 kcal).

     1.2. If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination, are mentioned first in the name of the product, whether or not the product is presented as a meal, then:

- the named poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 10 per cent by weight of the total product,

- each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent by weight, of total named protein sources,

- the protein from the named sources shall not be less than 1 g/100 kJ (4 g/100 kcal).

     1.3. If meat, poultry, fish, offal or other traditional source of protein, singularly or in combination are mentioned, but not first, in the name of the product, whether or not the product is presented as a meal, then:

- the named meat, poultry, fish, offal or other traditional protein source, in total, shall constitute not less than 8 per cent by weight of the total product,

- each named meat, poultry, fish, offal or other traditional source of protein shall constitute not less than 25 per cent, by weight, of total named protein sources,

- the total protein from the named sources shall not be less than 0.5 g/100 kJ (2.2 g/100 kcal),

- the total protein in the product from all sources shall not be less than 0.7 g/100 kJ (3 g/100 kcal).

     1.4. If cheese is mentioned together with other ingredients in the name of a savoury product, whether or not the product is presented as a meal, then:

- the protein from the dairy sources shall not be less than 0.5 g/100 kJ (2.2 g/100 kcal),

- the total protein in the product from all sources shall not be less than 0.7 g/100 kJ (3 g/100 kcal).

     1.5 If the product is designated on the label as a meal, but does not mention meat, poultry, fish, offal or other traditional source of protein in the name of the product, the total protein in the product from all sources shall not be less than 0.7 g / 100 kJ (3 g /100 kcal).

     1.6. Sauces presented as an accompaniment to a meal are exempt from the requirements of paragraph 1.1 to 1.5.

     1.7. Sweet dishes that mention dairy products as the first or only ingredient in the name shall contain not less than 2.2 g dairy protein / 100 kcal. All other sweet dishes are exempt from the requirements in paragraph 1.1 to 1.5.

     1.8. The addition of amino acids is permitted solely for the purpose of improving the nutritional value of the protein present, and only in the proportions necessary for that purpose.

     2. Carbohydrates

The quantities of total carbohydrates present in fruit and vegetable juices and nectars, fruit-only dishes, and desserts or puddings shall not exceed:

- 10 g/100 ml for vegetable juices and drinks based on them,

- 15 g/100 ml for fruit juices and nectars and drinks based on them,

- 20 g/100 g for fruit-only dishes,

- 25 g/100 g for desserts and puddings,

- 5 g/100 g for other non-milk-based drinks.

     3. Fat

     3.1. For products referred to in paragraph 1.1 if meat or cheese are the only ingredients or are mentioned first in the name of a product, the total fat in the product from all sources shall not exceed 1.4 g/100 kJ (6 g/100 kcal).

     3.2. For all other products the total fat in the product from all sources shall not exceed 1.1 g/100 kJ (4.5 g/100 kcal).

     4. Sodium

     4.1. The final sodium content in the product shall be either not more than 48 mg/100 kJ (200 mg/100 kcal) or not more than 200 mg per 100 g. However if cheese is the only ingredient mentioned in the name of the product, the final sodium content in the product shall not be more than 70 mg/100 kJ (300 mg/100 kcal).

     4.2. Sodium salts may not be added to products based on fruit, nor to desserts or puddings except for technological purposes.

     5. Vitamins

Vitamin C-

In a fruit juice, nectar, or vegetable juice the final content of vitamin C in the product shall be either not less than 6 mg / 100 kJ (25 mg / 100 kcal) or not less than 25 mg per 100 g.

Vitamin A-

In vegetable juices, the final content of vitamin A in the product shall be not less than 25 µg RE/100 kJ (100 µg RE/100 kcal) and, for the purposes of this paragraph, RE = all trans retinol equivalents.

Vitamin A shall not be added to other baby foods.

Vitamin D-

Vitamin D shall not be added to baby foods.

(a) prohibit the sale of processed cereal-based foods and baby foods for infants and young children unless they comply with the manufacturing and compositional requirements in regulations 5 to 7 and the labelling requirements in regulation 8 (regulation 4);

(b) exempt from their application any baby food which is a milk intended for young children (regulation 3);

(c) specify the enforcement authorities (regulation 9);

(d) create an offence and prescribe a penalty (regulation 10);

(e) provide a defence in relation to exports in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (O.J. No. L 186, 30.6.89, p.23) on the official control of foodstuffs (regulation 11);

(f) apply certain provisions of the Food Safety Act 1990 (regulation 12); and

(g) make a consequential amendment (regulation 13) and contain a revocation provision (regulation 14).

In implementation of Directive 2003/13/EC these Regulations prohibit the sale of processed CEREAL-BASED foods and baby foods for infants and young children if those foods contain pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulation 7 and Schedules 6 and 7). In implementation of the final sentence of Article 6(2) of Directive 96/5/EC as substituted by Commission Directive 1999/39/EC provision is made as to the analytical methods for determining levels of pesticide residues (regulation 7(5)).

These Regulations also make some minor drafting and technical changes, particularly to the provision applying certain provisions of the 1990 Act. The offence provision now relates only to a contravention of the restrictions on sale in regulation 4 (regulation 10).

A Regulatory Impact Assessment which includes a compliance cost assessment of the effect which these Regulations are likely to have on business costs, has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency, 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.