Contaminants in Food (Scotland) Amendment Regulations 2002 (S.S.I. No. 349 of 2002)

The Contaminants in Food (Scotland) Amendment Regulations 2002 file:///D/HTML/uk33945.htm[16.01.2025 11:38:13] Scottish Statutory Instrument 2002 No. 349 The Contaminants in Food (Scotland) Amendment Regulations 2002 © Crown Copyright 2002 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Royal Arms and the Queen's Printer for Scotland imprints. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer for Scotland copy published by The Stationery Office Limited as the The Contaminants in Food (Scotland) Amendment Regulations 2002, ISBN 0 11061575 1. Purchase this item. For details of how to obtain an official copy see How to obtain The Stationery Office Limited titles. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. This Scottish Statutory Instrument has been made in consequence of the correction of a defect in Commission Regulation (EC) No. 563/2002 which was reflected in S.S.I. 2002/267 and is being issued free of charge to all known recipients of that instrument. SCOTTISH STATUTORY INSTRUMENTS 2002 No. 349 FOOD The Contaminants in Food (Scotland) Amendment Regulations 2002 Made 23rd July 2002 Laid before the Scottish Parliament 23rd July 2002 Coming into force 24th July 2002 The Scottish Ministers, in exercise of the powers conferred by sections 6(4), 16(1)(a) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990[1], and of all other powers enabling them in that behalf, having had regard, in accordance with section 48(4A) [2] of that Act, to relevant advice given by the Food Standards Agency, and after consultation in accordance with section 48(4) and (4B)[3] of that Act, hereby make the following Regulations: The Contaminants in Food (Scotland) Amendment Regulations 2002 file:///D/HTML/uk33945.htm[16.01.2025 11:38:13] Citation, commencement and extent 1. - (1) These Regulations may be cited as the Contaminants in Food (Scotland) Amendment Regulations 2002 and shall come in force on 24th July 2002. (2) These Regulations shall extend to Scotland only. Amendment of the Contaminants in Food (Scotland) Regulations 2002 2. The Contaminants in Food (Scotland) Regulations 2002[4] shall be amended in accordance with regulations 3 to 5. 3. In regulation 2(1) (interpretation), for the definition of "the Commission Regulation" there shall be substituted " "the Commission Regulation" means Commission Regulation (EC) No. 466/2001[5] setting maximum levels for certain contaminants in foodstuffs as amended by Council Regulation (EC) No. 2375/2001[6], Commission Regulation (EC) No. 221/2002[7], Commission Regulation (EC) No. 257/2002[8], Commission Regulation (EC) No. 472/2002[9] as corrected by a corrigendum published on 23rd March 2002[10] and Commission Regulation (EC) No. 563/2002[11] as corrected by a corrigendum published on 14th June 2002[12];". 4. In regulation 8 (transitional provisions) for "Regulation 3(1)(a)(i), (b)(i) and (c)(i)" there shall be substituted "Regulation 3(1)(a)(i) and (b)(i)". 5. In regulation 9 for "Regulation 3(1)(a)(ii), (b)(ii) and (c)(ii)" there shall be substituted "Regulation 3(1)(a)(ii) and (b)(ii)". Revocations 6. The instruments specified in columns 1 and 2 of the Schedule shall be revoked to the extent specified in column 3 of the Schedule. MARY MULLIGAN Authorised to sign by the Scottish Ministers St Andrew's House, Edinburgh 23rd July 2002 SCHEDULE Regulation 6 REVOCATIONS Column 1 Column 2 Column 3 Instruments revoked References Extent of revocation The Food and Drugs (Scotland) Act 1956 (Transfer S.I. 1983/270 The reference to the Lead in Food (Scotland) Regulations 1979 in column 2 of The Contaminants in Food (Scotland) Amendment Regulations 2002 file:///D/HTML/uk33945.htm[16.01.2025 11:38:13] of Enforcement Functions) Regulations 1983 Schedule 2 and the corresponding entries in columns 1 and 3 of that Schedule. The Food (Revisions of Penalties and Mode of Trial) (Scotland) Regulations 1985 S.I. 1985/1068 The reference to the Lead in Food (Scotland) Regulations 1979 in column 2 of Schedule 1 and the corresponding entries in columns 1 and 3 of that Schedule. The reference to the Lead in Food (Scotland) Regulations 1979 in column 2 of Schedule 2 and the corresponding entry in column 1 of that Schedule. The Lead in Food (Scotland) Amendment Regulations 1985 S.I. 1985/1438 The whole Regulations. EXPLANATORY NOTE (This note is not part of the Regulations) The Contaminants in Food (Scotland) Regulations 2002 ("the principal Regulations") make provision for the enforcement and execution of Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs (O.J. No. L 77, 16.3.2001, p.1, as amended). There is therefore a definition of that Commission Regulation in regulation 2(1) of the principal Regulations which refers to amendments made to that Commission Regulation. The definition of Commission Regulation (EC) No. 466/2001 in the principal Regulations includes a reference to the amendment effected by Commission Regulation (EC) No. 563/2002 (O.J. No. L 86, 3.4.2002, p.5). An error in Commission Regulation (EC) No. 563/2002 necessitated the issue of a corrigendum to it, which was published on 14th June 2002 (O.J. No. L 155, 14.6.2002, p.63). Regulation 3 gives effect to that corrigendum by amending the definition of "the Commission Regulation" in the principal Regulations. Regulations 4 and 5 correct minor errors in regulations 8 and 9 of the principal Regulations. Regulation 6 revokes specified instruments. These revocations supplement the revocations which were effected by the principal Regulations. No regulatory impact assessment has been prepared in relation to these Regulations. Notes: [1] 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(2) 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 The Contaminants in Food (Scotland) Amendment Regulations 2002 file:///D/HTML/uk33945.htm[16.01.2025 11:38:13] 1998.back [2] Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back [3] Section 48(4B) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.back [4] S.S.I. 2002/267.back [5] O.J. No. L 77, 16.3.01, p.1.back [6] O.J. No. L 321, 6.12.01, p.1.back [7] O.J. No. L 37, 7.2.02, p.4.back [8] O.J. No. L 41, 13.2.02, p.12.back [9] O.J. No. L 75, 16.3.02, p.18.back [10] O.J. No. L 80, 23.3.02, p.42.back [11] O.J. No. L 86, 3.4.02, p.5.back [12] O.J. No. L 155, 14.6.02, p.63.back ISBN 0 11061575 1