FOOD Citation, commencement and extent 1 1 These Regulations may be cited as the Nutrition and Health Claims (Scotland) Regulations 2007, and come into force on 1st October 2007. 2 These Regulations extend to Scotland only. Interpretation 2 1 In these Regulations– “ the Act ” means the Food Safety Act 1990; and “the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as the Annex to that Regulation may be amended from time to time . 2 Expressions used in these Regulations and in the Regulation have the same meaning in these Regulations as they do in that Regulation. 3 Any reference to a numbered Article is a reference to the Article so numbered in the Regulation. Competent Authorities 3 The competent authority for the purposes of the Regulation– a in relation to Articles 1(4), 15(1B) and (2), 16(2) and 18(1B) and (2) is the Food Standards Scotland ; and b in relation to Article 6(3) is each food authority in its area. Enforcement 4 Each food authority within its area shall execute and enforce the provisions of these Regulations and of the Regulation. Offences and Penalties 5 1 Subject to the derogation contained in Article 1(3) (relating to trade marks etc ) and to the transitional measures contained in Article 28, any person who contravenes or fails to comply with the provisions of the Regulation specified in paragraph (2) is guilty of an offence and liable– a on conviction on indictment to a term of imprisonment not exceeding 2 years or to a fine or both; b on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum or both. 2 The specified provisions are– a Article 3 (general requirements relating to all claims); b Article 4(3) (restrictions on claims that may be made on alcoholic beverages); c Article 6(2) (requirement for justification of claims); d Article 7 (requirements for nutrition information) as read with the first subparagraph of Article 54(3) of Regulation ( EU ) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations ( EC ) No 1924/2006 and ( EC ) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/ EEC , Council Directive 90/496/ EEC , Commission Directive 1999/10/ EC , Directive 2000/13/ EC of the European Parliament and of the Council, Commission Directives 2002/67/ EC and 2008/5/ EC and Commission Regulation ( EC ) No 608/2004 . e Article 8(1) (requirements for nutrition claims); f Article 9 (requirements for comparative claims); g Article 10(1), (2) and (3) (requirements for health claims); h Article 12 (prohibition of certain health claims); and i Article 14(2) (requirements for reduction of disease risk claims). Application of various provisions of the Act 6 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 of it is to be construed as a reference to these Regulations:– a section 2 (extended meaning of “sale” etc. ); b section 3 (presumption that food is intended for human consumption); c section 20 (offences due to the fault of another person); d section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15; e section 22 (defence of publication in the course of a business); f section 30(8) (which relates to documentary evidence); g section 34 (time limit for prosecutions); h section 36 (offences by bodies corporate); i section 36A (offences by Scottish partnerships); and j section 44 (protection of officers acting in good faith). Obstruction of officers and provision of information etc 7 1 Any person who– a intentionally obstructs any person acting in the execution of these Regulations; or b without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require; is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or to a fine not exceeding level 5 on the standard scale or both. 2 Any person who, in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly supplies information that is false or misleading in any material particular, is guilty of an offence and liable– a on conviction on indictment, to a term of imprisonment not exceeding 2 years or to a fine or both; b on summary conviction, to a term of imprisonment not exceeding 3 months or to a fine not exceeding the statutory maximum or both. 3 Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate that person. Amendment of the Food Labelling Regulations 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S ROBISON Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 20th August 2007