UK Offence Report

The Notification of Marketing of Food for Particular Nutritional Uses (Scotland) Regulations 2002 (revoked)

Scottish Statutory Instrument 2002 No. 50 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
8 February 2002
In force from
8 March 2002
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
Food Safety Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which extend to Scotland only, implement Article 9 of Council Directive 89/398/EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses, as amended by Directive 1999/41/EC of the European Parliament and of the Council (“the Directive”). The Regulations cover foodstuffs which, owing to their special composition or manufacturing process, are clearly distinguishable from foodstuffs for normal consumption and which are marketed as suitable for categories of consumers with disturbed digestive processes or metabolism or in a special physiological condition, or for infants or young children in good health, but which are neither covered, nor to be covered, by other Directives on specific types of foodstuffs for particular nutritional uses (definition of “PNU food” in regulation 2(1)). Article 9 of the Directive requires notification (followed, where necessary, by provision of supplementary material) to competent authorities of placing on the market of such products; the requirement applies when the product is manufactured or imported, and regulation 3 of these Regulations prohibits sale of products of that type by manufacturers and importers covered by the requirement unless they have complied with the notification requirements. “Sell” is given an extended meaning (regulations 2(1) and 6(a)). In the case of products manufactured in Scotland, or imported into Scotland from outside the United Kingdom, the Food Standards Agency is the competent authority. Enforcement responsibilities, offences and penalties and application of provisions of the Food Safety Act 1990 are set out in regulations 4, 5 and 6 of these Regulations. Labelling provisions of the Directive are implemented in the Food Labelling Regulations 1996 (S.I. 1996/1499). A Regulatory Impact Assessment, which includes a compliance cost assessment of the effect which these Regulations would 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.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source