
1 

(1) These Regulations may be cited as the Foods for Specific Groups (Scotland) Regulations 2016 and come into force on 20th July 2016.
(2) These Regulations extend to Scotland only.
2 

(1) In these Regulations—
 “the Act” means the Food Safety Act 1990;
 “food authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
 “the EU Regulation” means Regulation (EU) No 609/2013 of the European Parliament and of the Council, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009; and
 “specified EU requirement” means any provision of the EU Regulation specified in column 1 of schedule 1 as read with the provisions specified in the corresponding entry in column 2.
(2) Unless the context otherwise requires any reference in these Regulations to an Article is a reference to an Article of the EU Regulation.
(3) Expressions defined in Article 2 have the same meaning in these Regulations as they have in the EU Regulation.
(4) Any reference to Article 2 or a provision of the EU Regulation specified in schedule 1 is a reference to that provision as amended from time to time.
3 
Each food authority must execute and enforce these Regulations within its area.
4 

(1) A person is guilty of an offence if they fail to comply with any specified EU requirement.
(2) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5 
The provisions of the Act specified in column 1 of the table in schedule 2 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.
6 

(1) The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 are amended in accordance with paragraph (2).
(2) For the definition of “relevant food” in regulation 1(2) substitute—“
 “relevant food” means specially formulated food intended for use in energy-restricted diets for weight reduction, being food which complies with the compositional requirements in schedule 1 and which, when used as instructed by the manufacturer, replaces the whole of the total daily diet.”.
7 

(1) Regulations 26 and 27 of the Infant Formula and Follow-on Formula (Scotland) Regulations 2007 are revoked.
(2) The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2007 are revoked.
AILEEN CAMPBELL
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
2nd June 2016
SCHEDULE 1
Regulation 2


Column 1Specified EU requirement Column 2Provisions to be read with the specified EU requirement
Article 4(1) (requirement for placing food on the market) 
Article 4(1) (requirement for placing food on the market) 
Article 4(2) (requirement for relevant food to be pre-packed) Articles 1(1) and 4(1)
Article 9(1) (requirement for the composition of food to be nutritionally appropriate and suitable for the persons for whom it is intended) Articles 1(1), 4(1) and 9(3) and (4)
Article 9(2) (prohibition on substances in dangerous quantities) Articles 1(1) and 4(1)
Article 9(3) (requirement for substances added to food) 
Article 9(5) (requirements as to labelling, presentation and advertising of relevant food) Articles 1(1), 4(1) and 9(6)
Article 10 (additional requirements for infant formula and follow-on formula) Article 4(1)
SCHEDULE 2
Regulation 5


Provision of the Act Modifications
Section 3 (presumptions that food intended for human consumption) In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 20 (offences due to fault of another person) For “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 21 (defence of due diligence) In subsection (1), for “any of the preceding provisions of this Part” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 22 (defence of publication in the course of business) In subsection (1), for “any of the preceding provisions of this Part” substitute “any provision of the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 29 (procurement of samples) In paragraph (b)(ii), after “under section 32 below” insert “including under section 32 as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 30(8) (evidence of certificates given by a food analyst or examiner) For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 32 (powers of entry) In subsection (1), for paragraphs (a) to (c) substitute “(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of a specified EU requirement (as defined in regulation 2 of the Foods for Specific Groups (Scotland) Regulations 2016); (b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement; and (c) when exercising a power of entry under this section, to exercise the associated powers in sub-sections (5) and (6) relating to records.”.
Section 33 (obstruction etc. of officers) In subsection (1), for “this Act” (in each place where it occurs) substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 35(1) (punishment of offences) After “section 33(1) above” insert “as applied and modified by regulation 5 and schedule 2 of the Foods for Specific Groups (Scotland) Regulations 2016,”.
Section 36 (offences by bodies corporate) In subsection (1), for “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 36A (offences by Scottish partnerships) For “this Act” substitute “the Foods for Specific Groups (Scotland) Regulations 2016”.
Section 44 (protection of officers acting in good faith) For “this Act”—(a) where it first appears substitute “the Foods for Specific Groups (Scotland) Regulations 2016 (“the 2016 Regulations”)”; and(b) on each other occasion it appears substitute “the 2016 Regulations”.