The Infant Formula and Follow-on Formula (Scotland) Amendment Regulations 2008

Scottish Statutory Instrument 2008 No. 322 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 24 September 2008
In force from: 4 November 2008
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, In accordance with section 48(4A) of the 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 amend the Infant Formula and Follow on Formula (Scotland) Regulations 2007 (“the 2007 Regulations”). The amendments are necessary to give effect to the decision of the Court of Session in the Petition of the Infant and Dietetic Food Association Limited and others for Judicial Review of a decision by the Scottish Ministers to make and lay before the Scottish Parliament the Infant Formula and Follow on Formula (Scotland) Regulations 2007. The Court’s judgement was issued on 10th June 2008, and held that the 2007 Regulations, in relation to the enforcement of the labelling requirements, were invalid. These Regulations seek to correct that position. These Regulations amend the 2007 Regulations to– a revise the list of regulations with which the marketing of infant formula and follow on Formula must comply (regulation 2(2)); b provide that the presentation of infant formula and follow on formula shall comply with the provisions of specific regulations (regulation 2(3)); c revise the list of regulations with which infant formula exported to third countries must comply (regulation 2(4)); d revise the list of regulations with which export of follow on formula to third countries must comply (regulation 2(5)); and e create transitional arrangements that apply in relation to the enforcement of– i the labelling requirements for infant formula and follow-on formula, and ii the requirements that apply in relation to the shape, appearance and packaging of infant formula and follow-on formula (regulation 2(6)). These Regulations also provide transitional arrangements with regard to the Foods for Special Medical Purposes (Scotland) Regulations 2000 (regulation 3) and correct a typographical error in the Schedule to the 2007 Regulations (regulation 2(7)). No regulatory impact assessment has been produced for this instrument.

Offences created by this instrument

For paragraph (3) of regulation 31 (revocation and transitional arrangements) substitute– 3 In respect of any… regulation 2(6) · Status not determined · Strict liability
– Transitional arrangements 8 In respect of any contravention before 1st January 2010, no person commits an offence… regulation 3 · Status not determined · Strict liability
Transitional arrangements regulation 8 · Status not determined · Strict liability

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

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Other instruments from 2008