The Nutrition and Health Claims (Scotland) Regulations 2007

Scottish Statutory Instrument 2007 No. 383 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 20 August 2007
In force from: 1 October 2007
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, make provision to enforce Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as corrected by a Corrigendum (O.J. No. L 12, 18.1.07, p.3) (“the EC Regulation”). These Regulations– a specify the competent authority for the purposes of certain Articles of the EC Regulation (regulation 3); b specify that the food authority (which in Scotland is the relevant local authority for each local authority area) is the enforcement authority (regulation 4); c provides that, subject to certain derogations and transitional measures specified in the EC Regulation, it is an offence– i to make nutrition or health claims that do not comply with the requirements of the EC Regulation; ii to make claims on alcoholic drinks other than to the limited extent permitted by the EC Regulation; iii to make a claim that cannot be justified; iv to fail to provide the prescribed nutrition information when making a nutrition or health claim; v to make a nutrition claim that is not one of the ones listed in the Annex to the EC regulation; vi to make a comparative nutrition claim that does not comply with the requirements of the EC Regulation; vii to make a health claim that is not authorised under the procedures provided for in the EC Regulation and is not accompanied by certain specified information in the labelling or other presentation; viii to make a health claim of a type specifically prohibited by the EC Regulation; or ix in the case of health claims relating to the reduction of disease risk, to fail to accompany the claim with the statement prescribed in the EC Regulation (regulation 5). d apply sections of the Food Safety Act 1990 (regulation 6); e specify offences and penalties that relate to the obstruction of those working to implement these Regulations and other matters to do with providing information and assistance (regulation 7); and f amend the Food Labelling Regulations 1996 (regulation 8). A full regulatory impact assessment of the effect that this instrument will 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

Subject to the derogation contained in Article 1(3) (relating to trade marks etc) and to the transitional measures… regulation 5(1) · Status not determined · Strict liability
Obstruction of officers and provision of information etc regulation 7(1) · Status not determined · Requires proof of a state of mind
Obstruction of officers and provision of information etc regulation 7(2) · 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 2007