
2010 No. 48
Food
The Food for Particular Nutritional Uses (Miscellaneous Amendments) (Scotland) Regulations 2010
Made 11th February 2010
Laid before the Scottish Parliament 12th February 2010
Coming into force 15th March 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990, as read with paragraph 1A of Schedule 2 to the European Communities Act 1972, and all other powers enabling them to do so.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Scottish Ministers that it is expedient for certain references to Directive 2009/39/EC of the European Parliament and of the Council on foodstuffs intended for particular nutritional uses to be construed as references to that instrument as amended from time to time.
In accordance with section 48(4A) of the Food Safety Act 1990, the Scottish Ministers have had regard to relevant advice given by the Food Standards Agency.

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
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 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 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)”.
SHONA ROBISON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
11th February 2010