The Food Supplements (Scotland) Regulations 2003

Made: 5th June 2003

Laid before the Scottish Parliament: 5th June 2003

Coming into force: 1st August 2005

The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(a) and (e), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990 , and of all other powers enabling them in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B) of that Act, hereby make the following Regulations:

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Food Supplements (Scotland) Regulations 2003 and shall come into force on 1st August 2005.

• (2) These Regulations shall extend to Scotland only.

Interpretation

2

• (1) In these Regulations–

• “the Act” means the Food Safety Act 1990;

• “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

• ...

• ...

• “Directive 2002/46” means Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements as last amended by Commission Regulation (EC) No. 1170/2009 amending Directive 2002/46/EC and Regulation (EC) No. 1925/2006 as regards the lists of vitamins and minerals and their forms that can be added to foods, including food supplements;

• “dose form” means a form such as capsules, pastilles, tablets, pills, and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids or powders designed to be taken in measured small unit quantities;

• “food supplement” means any food the purpose of which is to supplement the normal diet and which–is a concentrated source of a vitamin or mineral or other substance with a nutritional or physiological effect, alone or in combination; andis sold in dose form;

• “nutrients” means the following substances: vitamins, andminerals;

• “preparation” includes manufacture and any form of processing or treatment and “prepared” shall be construed accordingly;

• “Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

• “sell” includes possess for sale and offer, expose or advertise for sale, and “sold” shall be construed accordingly; and

• “the 2019 Regulations” means the Nutrition (Amendment etc.) (EU Exit) Regulations 2019 ;

• “ultimate consumer” means any person who purchases otherwise than–for the purpose of resale;for the purposes of a catering establishment; orfor the purposes of a manufacturing business.

• (2) A food supplement shall be regarded as prepacked for the purposes of these Regulations if–

• (a) it is ready for sale to the ultimate consumer or to a catering establishment; and

• (b) it is put into packaging before being offered for sale in such a way that the food supplement cannot be altered without opening or changing the packaging.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scope of Regulations

3

• (1) These Regulations apply to food supplements sold as food and presented as such.

• (2) These Regulations do not apply to medicinal products as defined by regulation 2(1) of the Human Medicines Regulations 2012.

Restriction on form in which food supplements are sold to the ultimate consumer

4

No person shall sell any food supplement to the ultimate consumer unless it is prepacked.

Prohibitions on sale relating to composition of food supplements

5

• (1) ... No person shall sell a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral–

• (a) is listed in schedule 1 of the 2019 Regulations; and

• (b) is in a form which–

• (i) is listed in schedule 2 of the 2019 Regulations; and

• (ii) meets the relevant purity criteria.

• (2) The relevant purity criteria for the purposes of paragraph (1)(b)(ii) are–

• (a) the purity criteria, if any, specified in assimilated law or in regulations made by the Scottish Ministers or the Secretary of State under regulation 3 of the 2019 Regulations; or

• (b) in the absence of such purity criteria, generally acceptable purity criteria for the substance in question recommended by international bodies.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restrictions on sale relating to labelling etc of food supplements

6

• (1) No person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the name under which it is sold is “food supplement”.

• (2) Without prejudice to Regulation (EU) No 1169/2011, no person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless it is marked or labelled with the following particulars–

• (a) the name of the category of any vitamin or mineral or other substance with a nutritional or physiological effect which characterises the product or an indication of the nature of that vitamin or mineral or other substance;

• (b) the portion of the product recommended for daily consumption;

• (c) a warning not to exceed the stated recommended daily dose;

• (d) a statement to the effect that food supplements should not be used as a substitute for a varied diet;

• (e) a statement to the effect that the product should be stored out of the reach of young children; and

• (f) the amount of any vitamin or mineral or other substance with a nutritional or physiological effect which is present in the product.

• (3) The information required by paragraph (2)(f) shall–

• (a) be given in numerical form;

• (b) in the case of a vitamin or mineral listed in schedule 1 of the 2019 Regulations, be given using the relevant unit specified in brackets after the name of that vitamin or mineral;

• (c) be the amount per portion of the product as recommended for daily consumption on the labelling of the product;

• (d) be an average amount based on the manufacturer’s analysis of the product; and

• (e) in the case of a vitamin or mineral listed in point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011, be expressed also as a percentage (which may also be given in graphical form) of the relevant reference value specified in that point.

• (4) No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the labelling, presentation or advertising of that food supplement includes any mention, express or implied, that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.

Manner of marking or labelling

7

• (1) No person shall sell any food supplement which is ready for delivery to the ultimate consumer or is ready for delivery to a catering establishment and is prepacked, unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) appear–

• (a) on the packaging;

• (b) on a label attached to the packaging; or

• (c) on a label which is clearly visible through the packaging:

Enforcement

8

Each food authority shall enforce and execute these Regulations in its area.

Offences and penalties

9

If any person contravenes regulation 4, 5, 6 or 7 that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Defence in relation to exports

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of various provisions of the Act

11

The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations–

• (a) section 2 (extended meaning of “sale” etc.);

• (b) section 3 (presumptions that food is intended for human consumption);

• (c) section 20 (offences due to fault of another person);

• (d) section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;

• (e) section 22 (defence of publication in the course of business);

• (f) section 30(8) (which relates to documentary evidence);

• (g) section 33 (obstruction etc. of officers);

• (h) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) or (2) as applied by paragraph (g) above;

• (i) section 36 (offences by bodies corporate);

• (j) section 36A (offences by Scottish partnerships); and

• (k) section 44 (protection of officers acting in good faith).

SCHEDULE 1 — VITAMINS AND MINERALS WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTS

Column 1	Column 1	Column 2
Vitamins and minerals	Vitamins and minerals	Unit
1.Vitamins	1.Vitamins
Vitamin A	Vitamin A	μg RE
Vitamin D	Vitamin D	μg
Vitamin E	Vitamin E	mg α–TE
Vitamin K	Vitamin K	μg
Vitamin B1	Vitamin B1	mg
Vitamin B2	Vitamin B2	mg
Niacin	Niacin	mg NE
Pantothenic acid	Pantothenic acid	mg
Vitamin B6	Vitamin B6	mg
Folate	Folate	μg
Vitamin B12	Vitamin B12	μg
Biotin	Biotin	μg
Vitamin C	Vitamin C	mg
2.Minerals	2.Minerals
Calcium	Calcium	mg
Magnesium	Magnesium	mg
Iron	Iron	mg
Copper	Copper	μg
Iodine	Iodine	μg
Zinc	Zinc	mg
Manganese	Manganese	mg
Sodium	Sodium	mg
Potassium	Potassium	mg
Selenium	Selenium	μg
Chromium	Chromium	μg
Molybdenum	Molybdenum	μg
Fluoride	Fluoride	mg
Chloride	Chloride	mg
Phosphorus	Phosphorus	mg

SCHEDULE 2 — FORM OF VITAMIN AND MINERAL SUBSTANCES WHICH MAY BE USED IN THE MANUFACTURE OF FOOD SUPPLEMENTS

A. Vitamins

1

VITAMIN A

• (a) retinol

• (b) retinyl acetate

• (c) retinyl palmitate

• (d) beta–carotene

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

B. Minerals

• Calcium carbonate

• Calcium chloride

• Calcium salts of citric acid

• Calcium gluconate

• Calcium glycerophosphate

• Calcium lactate

• Calcium salts of orthophosphoric acid

• Calcium hydroxide

• Calcium oxide

• Magnesium acetate

• Magnesium carbonate

• Magnesium chloride

• Magnesium salts of citric acid

• Magnesium gluconate

• Magnesium glycerophosphate

• Magnesium salts of orthophosphoric acid

• Magnesium lactate

• Magnesium hydroxide

• Magnesium oxide

• Magnesium sulphate

• Ferrous carbonate

• Ferrous citrate

• Ferric ammonium citrate

• Ferrous gluconate

• Ferrous fumarate

• Ferric sodium diphosphate

• Ferrous lactate

• Ferrous sulphate

• Ferric diphosphate (ferric pyrophosphate)

• Ferric saccharate

• Elemental iron (carbonyl+electrolytic+hydrogen reduced)

• Cupric carbonate

• Cupric citrate

• Cupric gluconate

• Cupric sulphate

• Copper lysine complex

• Sodium iodide

• Sodium iodate

• Potassium iodide

• Potassium iodate

• Zinc acetate

• Zinc chloride

• Zinc citrate

• Zinc gluconate

• Zinc lactate

• Zinc oxide

• Zinc carbonate

• Zinc sulphate

• Manganese carbonate

• Manganese chloride

• Manganese citrate

• Manganese gluconate

• Manganese glycerophosphate

• Manganese sulphate

• Sodium bicarbonate

• Sodium carbonate

• Sodium chloride

• Sodium citrate

• Sodium gluconate

• Sodium lactate

• Sodium hydroxide

• Sodium salts of orthophosphoric acid

• Potassium bicarbonate

• Potassium carbonate

• Potassium chloride

• Potassium citrate

• Potassium gluconate

• Potassium glycerophosphate

• Potassium lactate

• Potassium hydroxide

• Potassium salts of orthophosphoric acid

• Sodium selenate

• Sodium hydrogen selenite

• Sodium selenite

• Chromium (III) chloride

• Chromium (III) sulphate

• Ammonium molybdate (molybdenum (VI))

• Sodium molybdate (molybdenum (VI))

• Potassium fluoride

• Sodium fluoride

Signed

TOM McCABE — Authorised to sign by the Scottish Ministers — 2003-06-05

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1990 c. 16; section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c. 40), Schedule 9, paragraph 6 and by the Food Standards Act 1999 (c. 28) (“the 1999 Act”), Schedule 5, paragraph 10(3); sections 16(1) and 48(1) were amended by the 1999 Act, Schedule 5, paragraph 8; section 17(1) was amended by the 1999 Act, Schedule 5, paragraphs 8 and 12; section 26(3) was amended by the 1999 Act, Schedule 6; amendments made by Schedule 5 to the 1999 Act shall be taken as pre-commencement enactments for the purposes of the Scotland Act 1998 (c. 46) by virtue of section 40(2) of the 1999 Act. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00002]: Section 48(4A) was inserted by the Food Standards Act 1999, Schedule 5, paragraph 21.