The Contaminants in Food (Scotland) Regulations 2005

Scottish Statutory Instrument 2005 No. 606 — creates 2 criminal offences.

2offences created

0recorded in force

2revoked

Made: 28 November 2005
In force from: 1 January 2006
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No. 178/2002, 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, revoke and re-enact with changes the Contaminants in Food (Scotland) Regulations 2004 (S.S.I. 2004/525) as amended. The Regulations– a make provision for the execution and enforcement of Commission Regulation (EC) No. 466/2001 setting maximum levels for contaminants in foodstuffs (O.J. No. L 77, 16.3.01, p.1, as corrected and amended) (“the Commission Regulation”); b implement the following Commission Directives– i Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (O.J. No. L 201, 17.7.98, p.93, as amended); ii Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3 MCPD in foodstuffs (O.J. No. L 77, 16.3.01, p.14, as corrected and amended); iii Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of levels of ochratoxin A in foodstuffs (O.J. No. L 75, 16.3.02, p.38, as amended); iv Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin like PCBs in foodstuffs (O.J. No. L 209, 6.8.02, p.5, as corrected and amended); v Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs (O.J. No. L 203, 12.8.03, p.40); vi Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods (O.J. No. L 42, 13.2.04, p.16); and vii Commission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a)pyrene in foodstuffs (O.J. No. L 34, 8.2.05, p.15); c subject to transitional provisions, provide that it is an offence to– i place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and fresh spinach); ii use food containing such contaminants at such levels as ingredients in the production of certain foods; iii mix foods which do not comply with the maximum levels referred to above with foods which do; iv mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption; or v detoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3); d specify the enforcement authorities (regulation 4); e prescribe requirements in relation to the methods of sampling and the analysis of samples of foods subject to the Commission Regulation (regulation 5); f provide for the application of specified provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 6); and g make consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 10), the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community provisions implemented in these Regulations. A regulatory impact assessment, which includes a compliance cost assessment of the effect which these Regulations would have on business costs, has been prepared for these Regulations and placed in the Scottish Parliament Information Centre. Copies may be obtained from the Food Standards Agency (Scotland), 6th Floor, St Magnus House, 25 Guild Street, Aberdeen AB11 6NJ.

Offences created by this instrument

Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is… regulation 3(1) · Revoked · Strict liability
Application of various sections of the Food Safety Act 1990 regulation 6(2) · Revoked · 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 2005