The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Amendment Regulations 2021

Made: at 12.45 p.m. on 8th March 2021

Laid before the Scottish Parliament: at 4.30 p.m. on 8th March 2021

Coming into force: 26th March 2021

The urgency of this matter does not allow for open and transparent public consultation through representative bodies 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[^f00003], during the preparation and evaluation of these Regulations.

Citation and commencement

1

These Regulations may be cited as the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Amendment Regulations 2021 and come into force on 26 March 2021.

Amendment of the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020

2

• (1) The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020[^f00004] are amended as follows.

• (2) After regulation 6(3) (revocations, savings and transitional provisions) insert—

(4) Regulations 2 to 5 do not apply in respect of infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022. (5) Schedule 4 makes provision in relation to infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.

• (3) After schedule 3 (revocations) insert the schedule in the schedule to these Regulations.

SCHEDULE

Signed

BEN MACPHERSON — Authorised to sign by the Scottish Ministers — At 12.45 p.m. on 8th March 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020 (S.S.I. 2020/6) (“the 2020 Regulations”) to apply the law that existed before 21 February 2021 in relation to infant formula and follow-on formula manufactured from protein hydrolysates from 26 March 2021 until 22 February 2022.

Regulation 2 amends regulation 6 of the 2020 Regulations to disapply regulations 2 to 5 of the 2020 Regulations from infant formula and follow-on formula manufactured from protein hydrolysates. Regulation 2 also inserts a new schedule 4 into the 2020 Regulations. New schedule 4 contains the regulatory regime that applied to infant formula and follow-on formula manufactured from protein hydrolysates prior to 21February 2021.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 1990 c.16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 6(4) was amended by the Deregulation and Contracting Out Act 1994 (c.40), schedule 9, paragraph 6, the Food Standards Act 1999 (c.28) (“the 1999 Act”), schedule 5, paragraph 10(1) and (3) and S.I. 2002/794. Sections 16(1) and 48(1) were amended by the 1999 Act, schedule 5, paragraph 8 and section 16(1) was also amended by the Food (Scotland) Act 2015 (asp 1), section 34(1). Section 26(3) was partially repealed by the 1999 Act, schedule 6, paragraph 1. Amendments made by schedule 5 of the 1999 Act are to 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, in so far as within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the 1998 Act. In so far as not so transferred, and in so far as relating to food (including drink) including the primary production of food, those functions were transferred to the Scottish Ministers by S.I. 2005/849.

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

[^f00003]: EUR 2002/178, to which there are amendments, but none are relevant.

[^f00004]: S.S.I. 2020/6.

[^f00005]: OJ L 401, 30.12.2006, p.1. As amended by Article 1(1) of Commission Delegated Regulations (Ref no. C/2021/155) amending Commission Delegated Regulation (EU) No 2016/127 as regards the date of application of certain of its provisions 20.1.2021. These Regulations were adopted on 20.1.2021 but are undergoing scrutiny per European Parliament proceedings and have not yet been published on the Official Journal of the European Union. The text can be found here https://webgate.ec.europa.eu/regdel/#/delegatedActs/1599