The Food Information and Addition of Vitamins, Minerals and Other Substances (Scotland) Amendment Regulations 2020

Closed 27 Mar 2020

Opened 2 Mar 2020

Results Updated 29 May 2020

Food Standards Scotland (FSS) carried out a consultation on the implementation of The Food Information and Addition of Vitamins Minerals and Other Substances (Scotland) Amendment Regulations 2020.

The consultation was open from 2nd March 2020 until 27th March 2020, to provide stakeholders with the opportunity to comment and express their opinions on the Business and Regulatory Impact Assessment (BRIA) developed by FSS on the implementation of this legislation. It also requested details of any businesses impacted by the proposed change to the law and asked specific questions to ensure businesses were made aware of the potential implications. 

Two responses were received to the consultation and both supported the proposals in relation to country of origin labelling.

Of the two responses received, one was from an enforcement authority who confirmed the assumed figures regarding enforcement costs were reasonable. They also commented that the proposals in relation to trans fat would be helpful to both businesses and enforcement officers.

The second did not give permission to publish their response, but indicated they fully supported the introduction of enforcement in relation to the declaration of primary ingredients. They also indicated the proposals were a positive step to ensure misleading labelling practices are addressed. In addition, they would welcome a review of country of origin labelling, in particular considering the introduction of mandatory origin information for key primary or secondary ingredients.

FSS is grateful to and would like to thank stakeholders for responding and taking part in this consultation.

Overview

Food Standards Scotland (FSS) are preparing Scottish Regulations to provide for the enforcement of Commission Implementing Regulation (EU) No 775/2018 which lays down detailed rules on the provision of Food Information to Consumers, indicating the country of origin or place of provenance of a primary ingredient where it is not the same as the origin of the food as a whole.

The EU Implementing Regulation is directly applicable which means that food businesses are legally required to comply with its requirements.

Food businesses are already required to provide information to consumers containing specific detail on origin and or provenance of food. This includes instances where consumers would be misled in the absence of such information. Regulation (EU) No 775/2018 builds on the general country of origin requirements in the EU Food Information to Consumer Regulation (EU) No 1169/2011 and the specific requirements in Regulation (EU) No 1337/2013.  

Essentially, where the origin of such a food is given and the origin of the primary ingredient is not the same, the EU Implementing Regulation requires either an indication of the origin of the primary ingredient or that it is different from the food itself.

In addition Commission Regulation (EU) 2019/649 amends Annex III to Regulation (EU) No 1925/2006 which restricts the content of trans fat, other than trans fats naturally occurring in fat of animal origin, in food intended for the final consumer and food intended for supply to retail, to no more than 2 grams per 100 grams of fat. The Scottish Regulations are needed to amend the Addition of Vitamins, Minerals and other Substances (Scotland) Regulation 2007 to clarify that foods non compliant with the trans fats limit specified in Annex 111 of 1925/2006 can still be placed on the market until 1st April 2021.  

 

Why We Are Consulting

To provide enforcement authorities, food businesses, consumers and stakeholders with an opportunity to comment on the proposed approach to execute and provide for the enforcement of the new EU Implementing Regulation in Scotland and the associated Business and Regulatory Impact Assessment.

To seek views on the proposal to include a transitional period in domestic legislation to clarify that businesses may continue to place food on the market which does not comply with the EU limits for trans fat added to food until 1 April 2021. 

What Happens Next

Consultation responses will be analysed and feedback will be published following the consultation process.

Audiences

  • Food Manafacturer
  • Enforcer
  • Local authority

Interests

  • regulation
  • enforcement