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The Food Safety Act 1990 (Consequential Modifications) (Scotland) Order 1990

Type Statutory-Instrument
Publication 1990-12-21
State In force
Department Queen's Printer of Acts of Parliament
Source legislation.gov.uk
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articles Not indexed
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Made: 21st December 1990

Laid before Parliament: 21st December 1990

Coming into force: 1st January 1991

The Secretary of State, in exercise of the powers conferred on him by sections 4(1) and 59(2) of the Food Safety Act 1990[^f00001] and of all other powers enabling him in that behalf, hereby makes the following Order:

PART I — CITATION, EXTENT, COMMENCEMENT AND INTERPRETATION

Citation, extent, commencement and interpretation

1

PART II — MODIFICATIONS RELATING TO “THE ACT”, “FOOD” AND “FOOD AUTHORITY”

Definition of “the Act”

2

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

Definition of “food”

3

—In regulation 2(1) of each of the Regulations specified in Schedule 2 the definition of “food” shall cease to have effect.

Definition of “food authority”

4

  • “food authority” means an islands or district council;
  • “food authority” means an islands or district council;

PART III — APPLICATION OF PROVISIONS OF THE ACT

Application of sections of the Food Safety Act 1990

5

(2A) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:– - section 2 (extended meaning of “sale” etc.); - section 3 (presumptions that food intended for human consumption); - section 20 (offences due to fault of another person); - section 21 (defence of due diligence); - section 30(8) (which relates to documentary evidence); - section 33 (obstruction etc. of officers); - section 36 (offences by bodies corporate); and - section 44 (protection of officers acting in good faith).

(2A) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:– - section 2 (extended meaning of “sale” etc.); - section 3 (presumptions that food intended for human consumption); - section 20 (offences due to fault of another person); - section 21 (defence of due diligence); - section 22 (defence of publication in the course of business); - section 30(8) (which relates to documentary evidence); - section 33 (obstruction etc. of officers); - section 36 (offences by bodies corporate); and - section 44 (protection of officers acting in good faith).

Application of other provisions

6

Where any food is certified by a food analyst as being food which it is an offence against these Regulations to sell or import that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.

The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:– - section 20 (offences due to fault of another person); - section 21 (defence of due diligence).

Time limit for prosecutions

7

To the provisions of the Regulations specified in column 3 of Schedule 8 there shall be added at the end the following paragraph:–

No prosecution for an offence under these Regulations which is triable either summarily or on indictment shall be begun after the expiry of– 1. three years from the commission of the offence; or 2. one year from its discovery by the prosecutor, whichever is the earlier.

PART IV — MODIFICATIONS RELATING TO IMPORTS

Consequential modifications to the Imported Food (Scotland) Regulations 1985

8

(b) where that place is in Scotland, England or Wales a food authority within the meaning of the Food Safety Act 1990;

(2) If on such examination being made it appears to an authorised officer that the food is being or has been imported in contravention of regulation 6, that food may be treated for the purposes of section 9 of the Act as failing to comply with food safety requirements and section 8(3) shall apply for the purposes of these Regulations as it applies for the purposes of the Act.

(23) Any disputed question as to the right to or amount of any compensation payable under these Regulations shall be determined by arbitration.

PART V — MODIFICATIONS RELATING TO MEAT

Consequential modifications to the Poultry Meat (Water Content) (Scotland) Regulations 1983

9

, made under section 31 of the Act,

Consequential modifications to the Food (Meat Inspection) (Scotland) Regulations 1988

10

Consequential modifications to the Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989

11

  • “the Act” means the Food Safety Act 1990

(14) (1) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:– - section 3 (presumptions that food intended for human consumption); - section 8(3) (presumption relating to batches etc.); - section 30(8) (which relates to documentary evidence); - section 32 (powers of entry); and - section 33 (obstruction etc. of officers). (2) Any disputed question as to the right or amount of any compensation payable under these Regulations shall be determined by arbitration.

Consequential modifications to the Bovine Offal (Prohibition) (Scotland) Regulations 1990

12

In the Bovine Offal (Prohibition) (Scotland) Regulations 1990[^f00006] for regulation 34 there shall be substituted the following regulation:–

(34) The following provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to these Regulations:– - section 20 (offences due to fault of another person); - section 21 (defence of due diligence); - section 30(8) (which relates to documentary evidence); - section 44 (protection of officers acting in good faith).

PART VI — MODIFICATIONS RELATING TO MILK

Consequential modifications to the Milk and Dairies (Channel Islands and South Devon Milk) (Scotland) Regulations 1967

13

  • “the Act” means the Food Safety Act 1990

; and

  • “special designation” has the meaning assigned to it by article 3(1) of the Milk (Special Designations) (Scotland) Order 1988;

Consequential modification to the Milk Bottles (Labelling and Cap Colour) (Scotland) Order 1976

14

In article 2(1) of the Milk Bottles (Labelling and Cap Colour) (Scotland) Order 1976[^f00008] for the definition of “special designation” there shall be substituted the following definition:–

  • “special designation” has the meaning assigned to it by article 3(1) of the Milk (Special Designations) (Scotland) Order 1988;

Consequential modification to the Milk Labelling (Scotland) Regulations 1983

15

In regulation 5(1)(a) of the Milk Labelling (Scotland) Regulations 1983[^f00009] after the words “Secretary of State” there shall be substituted the words:–

by virtue of Regulations made under section 18(2)(c) of the Food Safety Act 1990;

Consequential modifications to the Milk-based Drinks (Scotland) Regulations 1983

16

The Milk-based Drinks (Scotland) Regulations 1983[^f00010] shall be amended as follows:–

on a road except upon final delivery to the ultimate consumer.

; and

(2) Heat treatment shall be carried out only at premises licensed under regulation 3 of the Milk and Dairies (Scotland) Regulations 1990[^f00022].

Consequential modifications to the Cream (Heat Treatment) (Scotland) Regulations 1983

17

and includes reconstituted cream, that is, a substance which, not being cream, resembles cream in appearance and contains no ingredient not derived from milk, except– (a) water; or (b) ingredients (not added fraudulently to increase bulk, weight or measure, or conceal inferior quality) which may lawfully be contained in a substance sold for human consumption as cream or butter.

Consequential modification to the Importation of Milk (Scotland) Regulations 1988

18

For paragraph 2(a) of Schedule 3 to the Importation of Milk (Scotland) Regulations 1988[^f00012] there shall be substituted:–

(a) as regards standardised whole milk, the Milk (Special Designations) (Scotland) Order 1988;

The Milk (Special Designations) (Scotland) Order 1988

19

20

  • “licence held by a retailer” means a licence authorising the use of a special designation held by a person carrying on a business which includes any sales which are sales for the purpose of which the use of a special designation is obligatory by virtue of article 2B and are of milk in relation to which that licence authorises the use of a special designation;
  • “selling milk by retail” means selling it– to any person other than a milk dealer (that is a person who carries on a business which consists in or comprises the selling of milk) or a manufacturer of milk products (that is a person who carries on a business which consists in or comprises the making of things made from milk or of which milk is an ingredient); or to such a dealer or manufacturer otherwise than for the purposes of his business as such;

21

In article 2(1) of the said Order after the definition of “bulk milk” there shall be inserted the following definition:–

  • “catering sale” means a sale of milk, or of things made from milk or of which milk is an ingredient, as, or as part of, a meal or refreshments; and “caterer” means a person who carries on a business which consists of or comprises making such sales;

22

After Part I of the said Order there shall be inserted the following Part:–

(2A) (1) Subject to paragraph (2) below, no person shall, for the purpose of the sale or advertisement of any milk, use a special designation in any manner likely to suggest that it refers to that milk unless he holds a licence authorising the use of that designation in connection with that milk. (2) For the purpose of a sale or advertisement of milk as, or as part of, a meal or refreshments, a special designation may be used by a person who does not hold a licence authorising the use of that designation in connection with the milk if– (a) the milk is milk bought by him; and (b) that designation was used for the purpose of the sale of milk to him. (3) No person shall, for the purpose of the sale or advertisement of any milk, refer to that milk by any such description, not being a special designation, as is calculated falsely to suggest– (a) that there is in force a licence authorising the use of a special designation in connection with that milk; or (b) that the cows from which the milk is derived are free from the infection of tuberculosis or of any other disease; or (c) that the milk is tested, approved or graded by any competent person. (4) In any proceedings taken under paragraph (3) above it rests on the person charged to prove the truth of any suggestion which, in the opinion of the court, his acts or conduct as proved by the prosecution are or is calculated to convey. (5) Where there has been a breach of a condition subject to which a licence authorising the use of a special designation is granted but the licence has not been revoked or suspended, the breach shall not be treated as rendering the use of the designation unauthorised for any of the purposes of this Order. (2B) (1) Subject to paragraph (2) below, no person shall sell milk either to a caterer or by retail for human consumption unless he uses a special designation in accordance with this Order. (2) Paragraph (1) above shall not apply to– (a) a sale by a caterer if either– (i) he holds a licence authorising him to use a special designation; or (ii) he bought the milk under a sale for the purpose of which a special designation was used; (b) a sale to a caterer if the caterer holds a licence authorising him to use the special designation appropriate to that milk; (c) a sale by a producer of milk from cows to persons– (i) employed by him in or in connection with such production; or (ii) employed by him otherwise in agriculture, if he does not engage in any other selling of milk; (d) a sale to a caterer who buys the milk with a view to subjecting it to a process to which milk is required to be subjected as a condition of the use of a special designation in connection with it, and he is the holder of a licence authorising him to use that designation; (e) a sale to a caterer who buys the milk for the purposes of a business of his as a milk dealer or a manufacturer of milk products other than his business as a caterer; (f) a non-retail sale where the seller has reasonable cause to believe that the buyer was either not a caterer, or that, if he knows the buyer is a caterer, the conditions in sub-paragraphs (d) or (e) above are fulfilled; (g) a sale made with the consent of the Secretary of State; (h) a sale by a caterer of milk sold to the caterer under a consent given by the Secretary of State. (3) The Secretary of State may give such consent for the purposes of paragraph (2) above– (a) either generally as respects selling milk in a defined area or restricted to a particular retailer or establishment or otherwise; and (b) either unconditionally or subject to conditions, as may appear to him to be requisite to meet any circumstances in which the use of a special designation appears to him to be for the time being not reasonably practicable. (2C) (1) In the event of a breach of any condition to which this article applies of a licence held by a retailer, the holder of the licence shall be guilty of an offence subject to the following provisions. (2) A person shall not be guilty of an offence under this article if the act or omission concerned renders him liable to punishment imposed by or under any enactment other than this article. (3) A person shall not be guilty of an offence under this article unless the breach of condition was the later, or a later, of two or more such breaches, occurring within a period of 12 months, of conditions either of that licence or of that licence and a former licence by way of renewal of which that licence was granted, and was committed either– (a) after the food authority had given him notice in writing as to an earlier of those two or more breaches informing him of his being alleged to have committed it, and warning him of the liability to prosecution imposed by this article; or (b) after he had been convicted of an offence under this article because of an earlier of those two or more breaches. (4) In any prosecution under this article, it shall be a defence for the holder of the licence to prove (either as to the breach for which he is being prosecuted or as to the earlier breach relied on for the purposes of paragraph (3) above, unless it is one under which he has been convicted of such an offence)– (a) that neither he nor any servant or agent of his– (i) did, or knew of the doing of, any act that constituted the breach or could reasonably be regarded as having been the cause or among the causes of it; or (ii) omitted to do, or knew of the omission to do, any act the omission of which constituted the breach, or the doing of which can reasonably be regarded as a precaution that would have prevented it; and (b) if the breach was in connection with milk that had been sold to him, or had been delivered to him after being subjected to a process to which it was required to be subjected as a condition of the use of the special designation to which his licence related, that that designation– (i) was used for the purpose of the sale to him or in connection with the delivery to him, as the case may be; and (ii) was so used without any breach, discoverable by the exercise of reasonable diligence on the part of himself or any servant or agent of his, of any condition, relating to receptacles, to closing, to fastening or to marking, of a licence to use that designation held by the person who sold the milk to him or subjected it to the process, as the case may be. (5) This article applies to the following conditions:– (a) the examination or testing of animals, the inoculation of animals, the keeping of any animal or herd away from other animals, or other measures for detecting the existence of disease in animals or preventing the contracting or spread of it; (b) the marking, or keeping of records, of any animals, or other measures for their identification; (c) the subjection of milk to any process of heat-treatment, or to any cooling or other process, requirements in connection with the subjection of milk to such a process or as to the temperature or other conditions under which it is to be kept afterwards, or the recording or retention of evidence of the observance of such requirements; (d) satisfaction of a test of milk, being a test related to the subjection of milk to such a process as is mentioned above or to the observance of any such requirements as are mentioned above; (e) measures for securing that milk produced, or subjected to a process, as required by any condition is kept away from, and free from admixture with, other milk not so produced or subjected or other things, or is not subjected to some specified process; (f) the manner in which milk produced, or subjected to any process, in accordance with any conditions is to be dealt with or kept as respects the receptacles in which it is to be put or to remain, the closing or fastening of receptacles, or the marking of receptacles, or of things by which they are closed or fastened; (g) the manner of describing milk produced, or subjected to any process, in accordance with any conditions; (h) the making or keeping of records of milk produced, bought, subjected to any process, or sold. (2D) (1) A person– (a) who adds any water or colouring matter, or any dried or condensed milk or liquid reconstituted from it, to milk intended for sale for human consumption; or (b) who sells, or offers or exposes for sale, or has in his possession for the purpose of sale, for human consumption, any milk to which any addition has been made in contravention of sub-paragraph (a) above, is guilty of an offence. (2) For the purposes of paragraph (1)(b) above, a person shall be deemed to retain the possession of milk which is deposited in any place for collection until it is actually collected. (3) The treatment of milk by the application of steam shall not be treated for the purposes of this article as the making of an addition of water to that milk if it is done in accordance with Schedules 2 to 4 and 9. (2E) Nothing in this Part shall apply to imported milk.

23

In article 12(1) and (3) of the said Order for the words “section 8 of the Act of 1949” there shall be substituted the words “article 2C”, in article 12(1)(a) for the words “that section” there shall be substituted the words “that article”, and in article 12(1)(b) for the words “the Milk and Dairies (Scotland) Acts 1914 to 1949 (other than an offence under the said section 8) or of an offence under any order or byelaw made under any of the said Acts” there shall be substituted the words “articles 2A or 2B (or an offence under any order or regulations having effect as if made under the provisions of the Act by virtue of Schedule 4 to the Act (other than offences under article 2C))”.

24

After article 19 of the said Order there shall be inserted the following articles:–

(19A) A person guilty of an offence under this Order is liable– (a) on summary conviction to a fine not exceeding the statutory maximum; and (b) on conviction on indictment to a fine or imprisonment for a term not exceeding two years or to both. (19B) No prosecution for an offence under this Order shall be begun after the expiry of– (a) three years from the commission of the offence; or (b) one year from its discovery by the prosecutor, whichever is the earlier. (19C) The following provisions of the Act shall apply for the purposes of this Order as they apply for the purposes of section 8, 14 or 15 of the Act and unless the context otherwise requires any reference in them to the Act shall be construed as a reference to this Order:– - section 2 (extended meaning of “sale” etc.); - section 3 (presumptions that food intended for human consumption); - section 20 (offences due to fault of another person); - section 21 (defence of due diligence); - section 22 (defence of publication in the course of business); - section 33 (obstruction etc. of officers); - section 36 (offences by bodies corporate); and - section 44 (protection of officers acting in good faith).

25

In paragraph 8 of Schedule 7 to the said Order for the words “section 8 of the Milk (Special Designations) Act 1949” there shall be inserted “article 2C of this Order”.

PART VII — MISCELLANEOUS MODIFICATIONS AND REVOCATIONS

Miscellaneous consequential modifications

26

the powers of an authorised officer of an enforcement authority under section 29 of the Act and the duties of such an officer under any Regulations made under the Act

the power of an authorised officer of an enforcement authority under section 29 of the Act to procure samples and the duties of such an officer under any Regulations made under the Act shall be exer cised in accordance with Part I of Schedule 4.

Miscellaneous revocations

27

SCHEDULE 1 — MODIFICATIONS TO THE DEFINITION OF “THE ACT”

PART I

Column 1 Column 2 Column 3
References Title Provisions amended
1956/1162 The Public Analysts (Scotland) Regulations 1956 Regulation 1(2)
1963/1591 The Liquid Egg (Pasteurisation) (Scotland) Regulations 1963 Regulation 2(1)
1964/44 The Meat (Treatment) (Scotland) Regulations 1964 Regulation 2(1)
1964/767 The Soft Drinks (Scotland) Regulations 1964 Regulation 2(1)
1966/1206 The Salad Cream (Scotland) Regulations 1966 Regulation 2(1)
1966/1252 The Butter (Scotland) Regulations 1966 Regulation 2(1)
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 2(1)
1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulation 2(1)
1970/108 The Cheese (Scotland) Regulations 1970 Regulation 2(1)
1970/1191 The Cream (Scotland) Regulations 1970 Regulation 2(1)
1970/1285 The Ice-Cream (Scotland) Regulations 1970 Regulation 2(1)
1970/1286 The Margarine (Scotland) Regulations 1970 Regulation 2(1)
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulation 2(1)
1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976 Regulation 2(1)
1976/946 The Specified Sugar Products (Scotland) Regulations 1976 Regulation 2(1)
1976/1221 The Poultry Meat (Hygiene) (Scotland) Regulations 1976 Regulation 2(1)
1976/1818 The Honey (Scotland) Regulations 1976 Regulation 2(1)
1976/1888 The Drinking Milk (Scotland) Regulations 1976 Regulation 2(1)
1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 Regulation 2(1)
1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977 Regulation 2(1)
1977/1028 The Erucic Acid in Food (Scotland) Regulations 1978 Regulation 2(1)
1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulation 2(1)
1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979 Regulation 2(1)
1979/1641 The Lead in Food (Scotland) Regulations 1979 Regulation 2(1)
1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulation 2(1)
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulation 2(1)
1981/1320 The Jam and Similar Products (Scotland) Regulations 1981 Regulation 2(1)
1983/704 The Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 Regulation 2(1)
1983/1372 The Poultry Meat (Water Content) (Scotland) Regulations 1983 Regulation 2
1983/1497 The Sweeteners in Food (Scotland) Regulations 1983 Regulation 2(1)
1983/1514 The Milk-based Drinks (Scotland) Regulations 1983 Regulation 2(1)
1983/1515 The Cream (Heat Treatment) (Scotland) Regulations 1983 Regulation 2(1)
1984/1518 The Bread and Flour (Scotland) Regulations 1984 Regulation 2(1)
1984/1519 The Food Labelling (Scotland) Regulations 1984 Regulation 2(1)
1984/1714 The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 Regulation 2(1)
1985/913 The Imported Food (Scotland) Regulations 1985 Regulation 2(1)
1987/800 The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 Regulation 2(1)
1988/2190 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988 Regulation 2(1)
1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulation 2(1)
1989/837 The Tetrachloroethylene in Olive Oil (Scotland) Regulations 1989 Regulation 2
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulation 2(1)
1990/112 The Bovine Offal (Prohibition) (Scotland) Regulations 1990 Regulation 2(1)
1990/1139 The Preserved Sardines (Marketing Standards) (Scotland) Regulations 1990 Regulation 2(1)
1990/1196 The Spirit Drinks (Scotland) Regulations 1990 Regulation 2(1)
1990/1336 The Ungraded Eggs (Hygiene) (Scotland) Regulations 1990 Regulation 2
1990/1792 The Tryptophan in Food (Scotland) Regulations 1990 Regulation 2

PART II

Column 1 Column 2 Column 3
References Title Provisions amended
1948/960 The Ice Cream (Scotland) Regulations 1948 Regulation 1(3)
1959/413 The Food Hygiene (Scotland) Regulations 1959 Regulation 2(1)
1959/928 The Arsenic in Food (Scotland) Regulations 1959 Regulation 2(1)
1960/2437 The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 Regulation 2(1)
1963/2001 The Food (Preparation and Distribution of Meat) (Scotland) Regulations 1963 Regulation 2(1)
1976/875 The Milk Bottles (Labelling and Cap Colour) (Scotland) Order 1976 Article 2(1)
1978/1273 The Slaughterhouse (Hygiene) (Scotland) Regulations 1978 Regulation 2(1)
1986/836 The Caseins and Caseinates (Scotland) Regulations 1986 Regulation 2
1988/1484 The Food (Meat Inspection) (Scotland) Regulations 1988 Regulation 2(1)

SCHEDULE 2 — DEFINITION OF “FOOD”

Column 1 Column 2
References Title
1959/413 The Food Hygiene (Scotland) Regulations 1959
1959/928 The Arsenic in Food (Scotland) Regulations 1959
1966/1206 The Salad Cream (Scotland) Regulations 1966
1966/1252 The Butter (Scotland) Regulations 1966
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966
1968/263 The Solvents in Food (Scotland) Regulations 1968
1970/108 The Cheese (Scotland) Regulations 1970
1970/1191 The Cream (Scotland) Regulations 1970
1970/1285 The Ice-Cream (Scotland) Regulations 1970
1970/1286 The Margarine (Scotland) Regulations 1970
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973
1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976
1976/946 The Specified Sugar Products (Scotland) Regulations 1976
1976/1818 The Honey (Scotland) Regul ations 1976
1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977
1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977
1977/1028 The Erucic Acid in Food (Scotland) Regulations 1977
1978/492 The Antioxidants in Food (Scotland) Regulations 1978
1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979
1979/1641 The Lead in Food (Scotland) Regulations 1979
1980/289 The Chloroform in Food (Scotland) Regulations 1980
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980
1985/913 The Imported Food (Scotland) Regulations 1985
1989/581 The Preservatives in Food (Scotland) Regulations 1989
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989

SCHEDULE 3 — “FOOD AUTHORITY” IN PLACE OF “LOCAL AUTHORITY”

PART I

Column 1 Column 2 Column 3
References Title Provisions amended
1948/960 The Ice Cream (Scotland) Regulations 1948 Regulation 1(3)
1959/413 The Food Hygiene (Scotland) Regulations 1959 Regulation 2(1)
1959/928 The Arsenic in Food (Scotland) Regulations 1959 Regulation 3(3)
1960/2437 The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 Regulation 2(1)
1963/1591 The Liquid Egg (Pasteurisation) (Scotland) Regulations 1963 Regulation 3(3)
1963/2001 The Food (Preparation and Distribution of Meat) (Scotland) Regulations 1963 Regulation 2(1)
1964/44 The Meat (Treatment) (Scotland) Regulations 1964 Regulation 3(3)
1964/767 The Soft Drinks (Scotland) Regulations 1964 Regulation 4(3)
1966/1206 The Salad Cream (Scotland) Regulations 1966 Regulation 3(3)
1966/1252 The Butter (Scotland) Regulations 1966 Regulation 3(3)
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 3(3)
1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulation 3(3)
1970/108 The Cheese (Scotland) Regulations 1970 Regulation 16(3)
1970/1191 The Cream (Scotland) Regulations 1970 Regulation 12(3)
1970/1285 The Ice-Cream (Scotland) Regulations 1970 Regulation 8(3)
1970/1286 The Margarine (Scotland) Regulations 1970 Regulation 11(3)
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulations 2(1) and 9(3)
1976/1221 The Poultry Meat (Hygiene) (Scotland) Regulations 1976 Regulation 2(1)
1976/1888 The Drinking Milk (Scotland) Regulations 1976 Regulation 2(1)
1978/1273 The Slaughterhouse Hygiene (Scotland) Regulations 1978 Regulation 2(1)
1983/704 The Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 Regulation 2(1)
1983/1372 The Poultry Meat (Water Content) (Scotland) Regulations 1983 Regulation 2
1983/1514 The Milk-based Drinks (Scotland) Regulations 1983 Regulation 2(1)
1983/1515 The Cream (Heat Treatment) (Scotland) Regulations 1983 Regulation 2(1)
1985/913 The Imported Food (Scotland) Regulations 1985 Regulation 2(1)
1987/800 The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 Regulation 2(1)
1988/1484 The Food (Meat Inspection) (Scotland) Regulations 1988 Regulation 2(1)
1988/1814 The Importation of Milk (Scotland) Regulations 1988 Regulation 2(1)
1988/2190 The Milk and Dairies (Semi-Skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988 Regulation 2(1)
1989/2157 The Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989 Regulation 2(1)
1990/112 The Bovine Offal (Prohibition) (Scotland) Regulations 1990 Regulation 2(1)
1990/1196 The Spirit Drinks (Scotland) Regulations 1990 Regulation 2(1)

PART II — REFERENCES TO ISLANDS OR DISTRICT COUNCILS

Column 1 Column 2 Column 3 Column 4
References Title Provisions amended Provisions in which Definition inserted
1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976 Regulation 17 2(1)
1976/946 The Specified Sugar Products (Scotland) Regulations 1976 Regulation 11 2(1)
1976/1818 The Honey (Scotland) Regulations 1976 Regulation 11 2(1)
1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 Regulation 13 2(1)
1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977 Regulation 11 2(1)
1977/1028 The Erucic Acid in Food (Scotland) Regulations 1977 Regulation 7 2(1)
1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulation 9 2(1)
1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979 Regulation 11 2(1)
1979/1641 The Lead in Food (Scotland) Regulations 1979 Regulation 7 2(1)
1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulation 7 2(1)
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulation 8 2(1)
1981/1320 The Jam and Similar Products (Scotland) Regulations 1981 Regulation 17 2(1)
1983/938 The Milk Labelling (Scotland) Regulations 1983 Regulation 13 2(1)
1983/1497 The Sweeteners in Food (Scotland) Regulations 1983 Regulation 10 2(1)
1984/1518 The Bread and Flour (Scotland) Regulations 1984 Regulation 12 2(1)
1984/1519 The Food Labelling (Scotland) Regulations 1984 Regulation 41 2(1)
1984/1714 The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 Regulation 15(2) 2(1)
1986/836 The Caseins and Caseinates (Scotland) Regulations 1986 Regulation 7(2) 2
1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulation 10(2) 2(1)
1989/837 The Tetrachloroethylene in Olive Oil (Scotland) Regulations 1989 Regulation 3(3) 2
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulation 8(2) 2(1)
1990/816 The Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990 Regulation 2(2)
1990/1139 The Preserved Sardines (Marketing Standards) (Scotland) Regulations 1990 Regulation 4(2) 2(1)
1990/1336 The Ungraded Eggs (Hygiene) (Scotland) Regulations 1990 Regulation 5(2) 2(1)
1990/1792 The Trytophan in Food (Scotland) Regulations 1990 Regulation 5(2) 2(1)

SCHEDULE 4 — APPLICATION OF SECTIONS 2, 3, 20, 21, 30(8), 33, 36 AND 44 OF THE ACT

Column 1 Column 2 Column 3
References Title Provision revoked
1959/928 The Arsenic in Food (Scotland) Regulations 1959 Regulation 2(3)
1963/1591 The Liquid Egg (Pasteurisation) (Scotland) Regulations 1963 Regulation 6
1964/44 The Meat (Treatment) (Scotland) Regulations 1964 Regulation 7
1964/767 The Soft Drinks (Scotland) Regulations 1964 Regulations 2(3) and 18
1966/1206 The Salad Cream (Scotland) Regulations 1966 Regulations 2(5) and 11
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 8
1967/81 The Milk and Dairies (Channel Islands and South Devon Milk) (Scotland) Regulations 1967 Regulation 8
1976/1888 The Drinking Milk (Scotland) Regulations 1976 Regulation 9
1977/1028 The Erucic Acid in Food (Scotland) Regulations 1977 Regulations 2(4) and 8
1979/1641 The Lead in Food (Scotland) Regulations 1979 Regulations 2(3) and 9
1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulations 2(2) and 8
1983/1372 The Poultry Meat (Water Content) (Scotland) Regulations 1983 Regulation 13
1983/1515 The Cream (Heat Treatment) (Scotland) Regulations 1983 Regulation 8
1985/913 The Imported Food (Scotland) Regulations 1985 Regulation 24
1988/2190 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988 Regulation 6
1989/837 The Tetrachloroethylene in Olive Oil (Scotland) Regulations 1989 Regulation 5
1989/2157 The Meat and Meat Products (Hormonal Substances) (Scotland) Regulations 1989 Regulations 2(2), 14, 19, 20 and 21
1990/112 The Bovine Offal (Prohibition) (Scotland) Regulations 1990 Regulations 2(2), 33 and 34
1990/1139 The Preserved Sardines (Marketing Standards) (Scotland) Regulations 1990 Regulation 5
1990/1196 The Spirit Drinks (Scotland) Regulations 1990 Regulation 6
1990/1336 The Ungraded Eggs (Hygiene) (Scotland) Regulations 1990 Regulation 6
1990/1792 The Tryptophan in Food (Scotland) Regulations 1990 Regulation 6

SCHEDULE 5 — APPLICATION OF SECTIONS 2, 3, 20, 21, 22, 30(8), 33, 36 AND 44 OF THE ACT

Column 1 Column 2 Column 3
References Title Provision revoked
1960/2437 The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 Regulation 5(3)
1966/1252 The Butter (Scotland) Regulations 1966 Regulations 2(5), 9 and 10
1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulations 2(5), 10 and 11
1970/108 The Cheese (Scotland) Regulations 1970 Regulations 2(5), 18 and 19
1970/1191 The Cream (Scotland) Regulations 1970 Regulations 2(5), 14 and 15
1970/1285 The Ice-Cream (Scotland) Regulations 1970 Regulations 2(5), 10 and 11
1970/1286 The Margarine (Scotland) Regulations 1970 Regulations 2(5), 13 and 14
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulations 2(6), 11 and 12
1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976 Regulations 2(5), 18 and 19
1976/946 The Specified Sugar Products (Scotland) Regulations 1976 Regulations 2(6), 12 and 13
1976/1818 The Honey (Scotland) Regulations 1976 Regulations 2(6), 12 and 13
1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 Regulations 2(5), 14 and 15
1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977 Regulations 2(6), 12 and 13
1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulations 2(5), 10 and 11
1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979 Regulations 2(4), 12 and 13
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulations 2(4), 9 and 10
1981/1320 The Jam and Similar Products (Scotland) Regulations 1981 Regulations 2(5), 18 and 19
1983/938 The Milk Labelling (Scotland) Regulations 1983 Regulations 2(2), 14 and 15
1983/1497 The Sweeteners in Food (Scotland) Regulations 1983 Regulations 2(2), and 11
1983/1514 The Milk-based Drinks (Scotland) Regulations 1983 Regulation 11
1984/1518 The Bread and Flour (Scotland) Regulations 1984 Regulations 2(2) and 13
1984/1519 The Food Labelling (Scotland) Regulations 1984 Regulations 2(2), 42 and 43
1984/1714 The Meat Products and Spreadable Fish Products (Scotland) Regulations 1984 Regulations 2(2), 16 and 17
1986/836 The Caseins and Caseinates (Scotland) Regulations 1986 Regulations 8 and 9
1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulations 2(5), 11 and 12
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulations 2(4), 9 and 10

SCHEDULE 6 — APPLICATION OF SECTIONS 8(3) AND 9 OF THE ACT

Column 1 Column 2 Column 3
References Title Provisions substituted
1959/928 The Arsenic in Food (Scotland) Regulations 1959 Regulation 5
1964/44 The Meat (Treatment) (Scotland) Regulations 1964 Regulation 5
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 6
1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulation 8
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulation 8
1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulation 7
1979/1641 The Lead in Food (Scotland) Regulations 1979 Regulation 5
1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulation 5
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulation 6
1983/1497 The Sweeteners in Food (Scotlan d) Regulations 1983 Regulation 8
1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulation 9
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulation 7
1990/1792 The Tryptophan in Food (Scotland) Regulations 1990 Regulation 4

SCHEDULE 7 — APPLICATION OF SECTIONS 20 and 21 OF THE ACT

Column 1 Column 2 Column 3
References Title Provision substituted
1976/1221 The Poultry Meat (Hygiene) (Scotland) Regulations 1976 Regulation 31
1983/704 The Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 Regulations 51, 52 and 53
1987/800 The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 Regulation 20

SCHEDULE 8 — TIME LIMITS FOR PROSECUTIONS

Column 1 Column 2 Column 3
References Title Provision amended
1959/413 The Food Hygiene (Scotland) Regulations 1959 Regulation 33
1959/928 The Arsenic in Food (Scotland) Regulations 1959 Regulation 6
1960/2437 The Skimmed Milk with Non-Milk Fat (Scotland) Regulations 1960 Regulation 7
1963/1591 The Liquid Egg (Pateurisation) (Scotland) Regulations 1963 Regulation 5
1963/2001 The Food (Preparation and Distribution of Meat) (Scotland) Regulations 1963 Regulation 71
1964/44 The Meat (Treatment) (Scotland) Regulations 1964 Regulation 6
1964/767 The Soft Drinks (Scotland) Regulations 1964 Regulation 17
1966/1206 The Salad Cream (Scotland) Regulations 1966 Regulation 9
1966/1252 The Butter (Scotland) Regulations 1966 Regulation 8
1966/1263 The Mineral Hydrocarbons in Food (Scotland) Regulations 1966 Regulation 7
1967/81 The Milk and Dairies (Channel Islands and South Devon Milk) (Scotland) Regulations 1967 Regulation 7
1968/263 The Solvents in Food (Scotland) Regulations 1968 Regulation 9
1970/108 The Cheese (Scotland) Regulations 1970 Regulation 17
1970/1285 The Ice-Cream (Scotland) Regulations 1970 Regulation 9
1970/1286 The Margarine (Scotland) Regulations 1970 Regulation 12
1973/1310 The Colouring Matter in Food (Scotland) Regulations 1973 Regulation 10
1976/914 The Cocoa and Chocolate Products (Scotland) Regulations 1976 Regulation 16
1976/946 The Specified Sugar Products (Scotland) Regulations 1976 Regulation 10
1976/1818 The Honey (Scotland) Regulations 1976 Regulation 10
1977/1026 The Fruit Juices and Fruit Nectars (Scotland) Regulations 1977 Regulation 12
1977/1027 The Condensed Milk and Dried Milk (Scotland) Regulations 1977 Regulation 10
1977/1028 The Erucic Acid in Food (Scotland) Regulations 1977 Regulation 6
1978/492 The Antioxidants in Food (Scotland) Regulations 1978 Regulation 8
1979/383 The Coffee and Coffee Products (Scotland) Regulations 1979 Regulation 10
1979/1641 The Lead in Food (Scotland) Regulations 1979 Regulation 6
1980/289 The Chloroform in Food (Scotland) Regulations 1980 Regulation 6
1980/1889 The Miscellaneous Additives in Food (Scotland) Regulations 1980 Regulation 7
1981/1320 The Jam and Similar Products (Scotland) Regulations 1981 Regulation 16
1983/704 The Meat and Poultry Meat (Staining and Sterilisation) (Scotland) Regulations 1983 Regulation 50
1983/938 The Milk Labelling (Scotland) Regulations 1983 Regulation 12
1983/1497 The Sweeteners in Food (Scotland) Regulations 1983 Regulation 9
1983/1514 The Milk-based Drinks (Scotland) Regulations 1983 Regulation 10
1983/1515 The Cream (Heat Treatment) (Scotland) Regulations 1983 Regulation 7
1984/1518 The Bread and Flour (Scotland) Regulations 1984 Regulation 11
1984/1519 The Food Labelling (Scotland) Regulations 1984 Regulation 40
1984/1714 The Meat Products and Spreadable Fish Products (Scotland) 1984 Regulation 15
1985/913 The Imported Food (Scotland) Regulations 1985 Regulation 20
1986/836 The Caseins and Caseinates (Scotland) Regulations 1986 Regulation 7
1987/800 The Fresh Meat Export (Hygiene and Inspection) (Scotland) Regulations 1987 Regulation 18
1988/1484 The Food (Meat Inspection) (Scotland) Regulations 1988 Regulation 19
1988/2190 The Milk and Dairies (Semi-skimmed and Skimmed Milk) (Heat Treatment) (Scotland) Regulations 1988 Regulation 5
1989/581 The Preservatives in Food (Scotland) Regulations 1989 Regulation 10
1989/837 The Tetrachloroethylene in Olive Oil (Scotland) Regulations 1989 Regulation 3
1989/945 The Emulsifiers and Stabilisers in Food (Scotland) Regulations 1989 Regulation 8
190/112 The Bovine Offal (Prohibition) (Scotland) Regulations 1990 Regulation 32
1990/816 The Milk and Milk Products (Protection of Designations) (Scotland) Regulations 1990 Regulation 2
1990/1336 The Ungraded Eggs (Hygiene) (Scotland) Regulations 1990 Regulation 5

Signed

Strathclyde — Parliamentary Under Secretary of State, Scottish Office — 21st December 1990

Explanatory note

(This note is not part of the Order)

This Order amends various Orders and Regulations applying to Scotland which refer to the Food and Drugs (Scotland) Act 1956, the Milk and Dairies (Amendment) Act 1922 and the Milk (Special Designations) Act 1949, which have now been repealed by the Food Safety Act 1990.

The Order amends Orders and Regulations referring to the 1956 Act and the 1922 and 1949 Acts. It amends Orders and Regulations defining food so that they are consistent with the new definition in the 1990 Act, and changes references to local authorities to food authorities as defined in that Act. Where Orders and Regulations apply provisions of the earlier Acts, they are amended so that the provisions of the 1990 Act are applied.

Amendments are made to Regulations relating to imports and meat, and Orders and Regulations relating to milk are amended so that provisions contained in the earlier Acts concerning milk are now in those Orders and Regulations.

Footnotes

[^f00001]: 1990 c. 16.

[^f00002]: S.I. 1985/913.

[^f00003]: S.I. 1983/1372, amended by S.I. 1984/1576.

[^f00004]: S.I. 1988/1484.

[^f00005]: S.I. 1989/2157.

[^f00006]: S.I. 1990/112.

[^f00007]: S.I. 1967/81, to which there are amendments not relevant to this Order.

[^f00008]: S.I. 1976/875.

[^f00009]: S.I. 1983/938, amended by S.I. 1985/1068.

[^f00010]: S.I. 1983/1514, amended by S.I. 1985/1068, 1986/790 and 1988/1814.

[^f00011]: S.I. 1983/1515, to which there are amendments not relevant to this Order.

[^f00013]: S.I. 1988/2191.

[^f00014]: S.I. 1959/413.

[^f00015]: S.I. 1977/1027; regulation 9A was inserted by S.I. 1989/1975.

[^f00016]: S.I. 1986/836; regulation 6A was inserted by S.I. 1990/1.

[^f00017]: S.I. 1989/581.

[^f00018]: S.I. 1962/1668, amended by S.I. 1963/1461, 1966/1384, 1967/81 and 105 and 1970/1285.

[^f00019]: S.I. 1967/81, to which there are amendments not relevant to this Order.

[^f00020]: S.I. 1987/2.

[^f00021]: S.I. 1990/1139.

[^f00022]: S.I. 1990/2507.

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