The Genetically Modified Food (Scotland) Regulations 2004
Scottish Statutory Instrument 2004 No. 432 — creates 3 criminal offences.
- Made
- 4 October 2004
- In force from
- 15 November 2004
- 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, provide for the enforcement and execution of Chapter II of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (O.J. No. L 268, 18.10.03, p.1) (“the Community Regulation”) which relates to food. The Genetically Modified Animal Feed (Scotland) Regulations 2004 (S.S.I. 2004/[ ]) make provision for the enforcement of those provisions of the Community Regulation relating to animal feed. In particular the Regulations– a designate the Food Standards Agency as the national competent authority for receiving applications for the authorisation of new genetically modified organisms for food use, food containing or consisting of genetically modified organisms, or food produced from or containing ingredients produced from genetically modified organisms (regulation 3); b provide for food authorities to enforce the provisions of these Regulations and Chapter II of the Community Regulation (regulation 4); c establish penalties for failing to comply with certain specified provisions of the Community Regulation (regulation 5 and the Schedule); d apply various provisions of the Food Safety Act 1990 with some modifications in their application for the purposes of these Regulations (regulation 6); e revoke the Genetically Modified and Novel Foods (Labelling) (Scotland) Regulations 2000 (regulation 7); and f make consequential amendments to the Novel Foods and Novel Food Ingredients Regulations 1997 by inserting a provision in the Schedule (regulation 8). 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
- Any person who contravenes or fails to comply with any of the specified Community provisions referred to in Part I of… regulation 5(1) · Status not determined · Strict liability
- Any person who contravenes or fails to comply with any of the specified Community provisions referred to in Part II of… regulation 5(2) · Status not determined · Strict liability
- Application of various provisions of the Act regulation 6(4) · Status not determined · Requires proof of a state of mind
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
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004