UK Offence Report

The Guar Gum (Restriction on First Placing on the Market) (Scotland) Regulations 2008 (revoked)

Scottish Statutory Instrument 2008 No. 176 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
2 May 2008
In force from
5 May 2008
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
European Communities Act 1972

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 Commission Decision 2008/352/EC imposing special conditions governing guar gum originating in or consigned from India due to contamination risk of those products by pentachlorophenal and dioxins (“the Commission Decision”). By virtue of European Parliament and Council Directive 95/2/EC (O.J. No. L 61, 18.3.95, p.1), the additive guar gum is legally authorised for use in all Member States. That Directive was implemented by the Miscellaneous Food Additive Regulations 1995. However, the Commission Decision imposes special conditions for guar gum and products containing guar gum originating or consigned from India. These Regulations– a provide that no person shall first place on the market any “guar gum product” (defined in regulation 2(1)), except where various conditions specified in the Commission Decision have been complied with (regulation 3(1)); b provide that a person who knowingly contravenes that prohibition is guilty of an offence and prescribe penalties for that offence (regulation 3(2)); c make special provision in relation to products that leave or are consigned from India before 5th May 2008 (regulation 3(3)); d provide for their enforcement (regulation 4); e provide for the recovery of costs incurred from sampling, analysis, storage or measures following non-compliance (regulation 5); and f apply with modifications certain provisions of the Food Safety Act 1990 for the purposes of the Regulations (regulation 6). No regulatory impact assessment has been prepared in relation to these Regulations.

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.

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