The Food Enzymes (Scotland) Regulations 2009

Made: 10th December 2009

Laid before the Scottish Parliament: 11th December 2009

Coming into force: 20th January 2010

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 , and all other powers enabling them to do so.

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency .

There has been consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety .

Citation, extent and commencement

1

These Regulations may be cited as the Food Enzymes (Scotland) Regulations2009, extend to Scotland only and come into force on 20thJanuary 2010.

Interpretation

2

• (1) In these Regulations—

• “the Act” means the Food Safety Act1990;

• “the EC Regulation” means Regulation (EC) No.1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97[^f00004].

• (2) Any other expression used in these Regulations and in the ECRegulation has the same meaning in these Regulations as it bears in the ECRegulation.

• (3) Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation.

Offences, penalties and savings

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• (1) A person who contravenes or fails to comply with any of the provisions of the EC Regulation specified in paragraph(2) as read with the transitional arrangements contained in Article18 and Article24 is guilty of an offence.

• (2) The provisions mentioned in paragraph(1) are—

• (a) Article4 (restriction on placing on the market and use of food enzymes not on the list provided for in Article 17);

• (b) Article5 (prohibition on placing on the market of non-compliant food enzymes or foods containing such enzymes);

• (c) Article10(1) (requirements for labelling of food enzymes and preparations not intended for sale to the final consumer);

• (d) Article12(1) (requirements for labelling of food enzymes and preparations intended for sale to the final consumer); and

• (e) Article14(1) and (2) (requirement to provide specified information to the Commission).

• (3) Anyone convicted of an offence under paragraph(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Enforcement and competent authorities

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It shall be the duty of each food authority within its area to execute and enforce these Regulations and the ECRegulation.

Application of various sections of the Food Safety Act 1990

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• (1) 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 is to be construed as a reference to these Regulations—

• (a) section20 (offences due to fault of another person);

• (b) section21 (defence of due diligence)[^f00005], with the modification that—

• (i) subsections(2) to(4) shall apply in relation to an offence under regulation 3(1) as they apply in relation to an offence under section14 (selling food not of the nature or substance or quality demanded) or15 (falsely describing or presenting food); and

• (ii) in subsection(4) the references to “sale” are deemed to include references to “placing on the market”;

• (c) section30(8) (which relates to documentary evidence);

• (d) section35(1) (punishment of offences), in so far as it relates to offences under section33(1) as applied by paragraph(3)(b);

• (e) section35(2) and(3)[^f00006], in so far as it relates to offences under section33(2) as applied by paragraph(3)(c);

• (f) section36 (offences by bodies corporate); and

• (g) section36A (offences by Scottish partnerships)[^f00007].

• (2) In the application of section32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection(1) to the Act is to be construed as including references to the ECRegulation.

• (3) 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 is to be construed as including a reference to the EC Regulation and these Regulations—

• (a) section3 (presumption that food is intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;

• (b) section33(1) (obstruction of officers);

• (c) section33(2) (offence of furnishing false or misleading information) with the modification that the reference to “any such requirement as is mentioned in subsection(1)(b) above” is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub‑paragraph(b); and

• (d) section44 (protection of officers acting in good faith).

• (4) Section34 of the Act (time limit for prosecutions) applies to offences under regulation 3(1) as it applies to offences punishable under section35(2) of the Act.

Condemnation of food

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Where any food is certified by a food analyst as being food which it is an offence under these Regulations to place on the market, that food may be treated for the purposes of section9 of the Act (under which food may be seized and destroyed) as failing to comply with food safety requirements.

Amendment of the Food Labelling Regulations 1996

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• (1) The Food Labelling Regulations 1996[^f00008] are amended in accordance with paragraphs (2) to (5).

• (2) In regulation 2(1) (interpretation)—

• (a) after the definition of “follow-on formula” insert—

• “food enzyme” has the meaning that it bears in Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes[^f00009];

; and

• (b) in the definition of “ingredient”, after “any additive” insert “, any food enzyme”.

• (3) In regulation 14 (names of ingredients) after paragraph (9) insert—

(9A) A food enzyme other than one referred to in regulation 17(b) or (c) shall be identified by the appropriate category in Schedule 4 followed by the specific name of that enzyme.

• (4) In regulation 17 (ingredients which need not be named)—

• (a) in paragraphs (b) and (c) in each case after “any additive” insert “or food enzyme”; and

• (b) in paragraph (d) after “an additive” insert “or food enzyme”.

• (5) In the heading to Schedule 4, for “additives” substitute “ingredients”.

Amendment of the Caseins and Caseinates (Scotland) Regulations 1986

8

In the Schedule to the Caseins and Caseinates Regulations 1985[^f00010], in column 2 of Part II (technological adjuvants and bacterial cultures) after “rennet” and “other milk-coagulating enzymes” in each case add “meeting the requirements of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes”.

Amendment of the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003

9

In Schedule 4 (permitted treatments and additional substances) to the Fruit Juices and Fruit Nectars (Scotland) Regulations 2003[^f00011], after “Pectolytic enzymes”, “Proteolytic enzymes” and “Amylolytic enzymes” in paragraphs 4, 5 and 6 respectively in each case add “meeting the requirements of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes”.

Amendment of the Novel Food and Novel Food Ingredients Regulations 1997

10

In regulation 2(1) (interpretation) of the Novel Foods and Novel Food Ingredients Regulations 1997[^f00012], for the definition of “Regulation (EC) No 258/97” substitute—

• “Regulation (EC) No 258/97” means Regulation (EC) No 258/97 of the European Parliament and of the Council concerning novel foods and food ingredients[^f00013] as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes;

Signed

SHONA ROBISON — Authorised to sign by the Scottish Ministers — 2009-12-10

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1990 c.16: section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16, 17 and 48 were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”); section 17 was also amended by paragraph 12 of Schedule 5 to the 1999 Act and section 48 was also amended by (i) paragraph 21 of Schedule 5 to the 1999 Act and (ii) S.I. 2004/2990; section 26(3) was amended by Schedule 6 to the 1999 Act, and is read with section45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 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) (“the 1998 Act”) 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 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

[^f00002]: Section48(4A) was inserted by section40(1) of, and paragraph21 of Schedule5 to, the 1999 Act.

[^f00003]: O.J. No. L31, 1.2.02, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (O.J. No. L 188, 18.7.2009, p.14).

[^f00004]: O.J. No. L354, 31.12.08, p.7.

[^f00005]: Section 21(2) was amended by S.I. 2004/3279.

[^f00006]: Section 35(3) was amended by S.I. 2004/3279.

[^f00007]: Section 36A was inserted by section 40 of, and Schedule 5 to, the Food Standards Act 1999 (c.28).

[^f00008]: S.I.1996/1499; relevantly amended by S.I. 1998/1398, 1999/747, 1136 and 1483 and S.S.I. 2000/83, 2002/524, 2003/578, 2004/395 and 472, 2005/456 and 222, 2007/534 and 2008/129, 180 and 395.

[^f00009]: O.J. No. L 354, 31.12.2008, p.7.

[^f00010]: S.I. 1985/2026, as amended by S.S.I. 2004/472. There are other amending instruments but none are relevant to this instrument.

[^f00011]: S.S.I. 2003/293, as amended by S.S.I. 2005/616.

[^f00012]: S.I. 1997/1335, as amended by S.I. 1999/1756, S.S.I. 2000/62 and 83, and S.S.I. 2004/432.

[^f00013]: O.J. No. L43, 14.2.1997, p.1, as amended by Regulations (EC) No. 1829/2003 (O.J. No. L268, 18.10.2003, p.1), No.1882/2003 (O.J. No. L284, 31.10.2003, p.1) and No. 1332/2008 (O.J. No. L354, 31.12.2008, p.7).

1

These Regulations may be cited as the Food Enzymes (Scotland) Regulations 2009, extend to Scotland only and come into force on 20th January 2010.

2

• (1) In these Regulations—

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

• “the EC Regulation” means Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No. 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No. 258/97 .

• (2) Any other expression used in these Regulations and in the EC Regulation has the same meaning in these Regulations as it bears in the EC Regulation.

• (3) Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation.

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8

In the Schedule to the Caseins and Caseinates (Scotland) Regulations 1986, in column 2 of Part II (technological adjuvants and bacterial cultures) after “rennet” and “other milk-coagulating enzymes” in each case add “meeting the requirements of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes”.

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10

In regulation 2(1) (interpretation) of the Novel Foods and Novel Food Ingredients Regulations 1997 , for the definition of “Regulation (EC) No 258/97” substitute—

“Regulation (EC) No 258/97” means Regulation (EC) No 258/97 of the European Parliament and of the Council concerning novel foods and food ingredients as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes;

Editorial notes

[^c2002075]: 1990 c.16: section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990; sections 16, 17 and 48 were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”); section 17 was also amended by paragraph 12 of Schedule 5 to the 1999 Act and section 48 was also amended by (i) paragraph 21 of Schedule 5 to the 1999 Act and (ii) S.I. 2004/2990; section 26(3) was amended by Schedule 6 to the 1999 Act, and is read with section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 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) (“the 1998 Act”) 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 1998 Act. Insofar as not so transferred and insofar as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849).

[^c2002076]: Section 48(4A) was inserted by section 40(1) of, and paragraph 21 of Schedule 5 to, the 1999 Act.

[^c2002077]: O.J. No. L 31, 1.2.02, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (O.J. No. L 188, 18.7.2009, p.14).

[^c2002078]: O.J. No. L 354, 31.12.08, p.7.

[^c2002086]: S.I. 1997/1335, as amended by S.I. 1999/1756, S.S.I. 2000/62 and 83, and S.S.I. 2004/432.

[^c2002087]: O.J. No. L43, 14.2.1997, p.1, as amended by Regulations (EC) No. 1829/2003 (O.J. No. L268, 18.10.2003, p.1), No. 1882/2003 (O.J. No. L 284, 31.10.2003, p.1) and No. 1332/2008 (O.J. No. L 354, 31.12.2008, p.7).

[^key-4b0dba9d0c743b6144b3c0a37bc8acb1]: Reg. 8 substituted (12.2.2010) by The Food Enzymes (Scotland) Amendment Regulations 2010 (S.S.I. 2010/26), regs. 1, 2(2)

[^M_F_d1f7a584-60e9-4b6b-eff7-90e1a555bf0c]: Reg. 3 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, Sch. 5

[^M_F_67a11fb4-a4d6-4eae-aa0a-f2b4a4b08257]: Reg. 4 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, Sch. 5

[^M_F_20b11c25-5f68-4d61-e16d-05a6c872e066]: Reg. 5 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, Sch. 5

[^M_F_3a5d7710-65c5-4187-f71d-ccf333e5cfea]: Reg. 6 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (Scotland) Regulations 2013 (S.S.I. 2013/266), reg. 1, Sch. 5

[^M_F_94659712-6432-4b1c-99fb-b212f5d1c768]: Reg. 9 revoked (20.11.2013) by the Fruit Juices and Fruit Nectars (Scotland) Regulations 2013 (S.S.I. 2013/305), regs. 1(2), 19(b)

[^M_F_111d6f89-be04-4454-9d16-5db1d4054eb7]: Reg. 7 revoked (13.12.2014) by The Food Information (Scotland) Regulations 2014 (S.S.I. 2014/312), reg. 1, Sch. 4 Pt. 1