The Novel Foods (Scotland) Regulations 2017
Scottish Statutory Instrument 2017 No. 415 — creates 2 criminal offences.
- Made
- 23 November 2017
- In force from
- 1 January 2018
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- (EC) No. 178/2002, European Communities Act 1972, 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 provide for the enforcement and execution of certain specified provisions of Regulation (EU) 2015/2283 of the European Parliament and of the Council amending Regulation (EU) 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) 258/97 of the European Parliament and of the Council and Commission Regulation (EC) 1852/2001. Regulation (EU) 2015/2283 revises the requirements for placing novel foods on the market. The requirements have been updated in accordance with technical and scientific progress and include an updated definition of what constitutes a “novel food” and the European Commission will establish a European Union list of approved novel foods. Food business operators must verify that the food they intend to put on the market falls within the scope of Regulation (EU) 2015/2283 and, where they are unsure, they are under an obligation to consult the Member State where they first intend to place the food on the market. Regulation 3 makes food authorities responsible for the enforcement of these Regulations. Regulation 4 provides for offences and penalties. Regulation 5 applies specified provisions of the Food Safety Act 1990 (1990 c.16) (with modifications) to these Regulations. Regulation 6 revokes the Novel Foods and Novel Food Ingredients Regulations 1997 (S.I. 1997/1335) and the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336) in relation to Scotland. A full business and regulatory impact assessment of the effect these Regulations will have on the costs for the business sector has been prepared and placed in the Scottish Parliament Information Centre. Copies may be obtained from Food Standards Scotland, Pilgrim House, Old Ford Road, Aberdeen, AB11 5RL.
Offences created by this instrument
- A person who contravenes or fails to comply with either Article 6(2) (as read with Articles 24 and 35(2)), or Article… regulation 4 · Status not determined · Strict liability
- Application of various provisions of the Act regulation 5(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 has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2017