Citation, commencement and extent

1.–(1) These Regulations may be cited as the Food for Particular Nutritional Uses (Miscellaneous Amendments) (Scotland) Regulations 2010 and come into force on 15th March 2010.

(2) These Regulations extend to Scotland only.

Amendment of the Food Labelling Regulations 1996

2.–(1) The Food Labelling Regulations 1996(6) are amended in accordance with the following paragraphs.

(2) In paragraph (1) of regulation 2 (interpretation)–

(a) omit the definition of "Directive 89/398"; and

(b) immediately after the definition of "Directive 2000/13" insert–

""Directive 2009/39" means Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses, as amended from time to time;".

(3) In regulation 3 (exemptions), for sub-paragraph (iv) of paragraph (1) substitute–

"(iv) where applicable, the requirements of Directive 87/250, Directive 90/496, Directive 94/54, Directive 99/2 and Directive 2009/39 are met in respect of that food.".

Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007

3.–(1) The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007(7) are amended in accordance with the following paragraphs.

(2) In paragraph (1) of regulation (2) (interpretation), for the definition of "the Directive" substitute–

""the Directive" means Directive 2009/39 of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses, as amended from time to time;".

(3) In regulation 3 (restriction on sale)–

(a) for paragraph (1) substitute–

"(1) No person who, in respect of a PNU food product of a particular type–

(a) is a manufacturer or an importer referred to in Article 11 of the Directive, but

(b) has failed to comply with–

(i) a requirement to notify the competent authority, as referred to in sub-paragraph (a) or (b) of paragraph (1) of that Article, or

(ii) a requirement to produce anything to the competent authority, as referred to in sub-paragraph (c) of paragraph (1) of that Article,

shall sell a PNU food product of that type."; and

(b) in paragraph (2)(b) for "Article 9" substitute "Article 11".

(4) In paragraph (1) of regulation 4 (declaration), for "Article 1(2)" substitute "Article 1(2) and (3)".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply in relation to Scotland only, amend the Food Labelling Regulations 1996 and the Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007 to reflect the repeal and replacement of Council Directive 89/398/EC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses (O.J. No. L 186, 30.6.1989, p.27) ("the original Directive"), by Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses ("the new Directive").

These Regulations amend the Food Labelling Regulations 1996 by omitting the definition for the old Directive from regulation 2(1) and inserting a definition for the new Directive into that provision and substituting a reference to the new Directive for the reference to the old Directive in regulation 3(1)(iv) (regulation 2).

These Regulations amend the Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007 by substituting a revised definition to refer to the new Directive instead of the old Directive and substituting references to specified provisions of the new Directive for the existing references to specified provisions in the old Directive in regulations 3 and 4 (regulation 3).

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.