New and emerging policy and regulation

Updates on developing policy.

We are responsible for developing food and feed safety, labelling, composition and standards policy in Scotland. The regulatory context we work in has changed now that the UK has left the European Union (EU). Along with the Scottish Government we have developed provisional frameworks with UK Government departments, with a view to agreeing changes to retained EU law in future. 

Given that EU law continues to apply in Northern Ireland, and given the 4-country nature of these framework arrangements, we will be keeping track of EU policy developments, for example by monitoring discussions taking place at the Standing Committee on Plants, Animals, Food and Feed.

We also work with the Scottish Government and other UK departments to ensure Scottish interests are represented in international discussions on food and feed law and standards, including Codex.

New legislation and technical amendments can progress quickly, and it is important that stakeholders in Scotland are kept informed on the latest changes and have an opportunity to input their views. Our enhanced risk analysis process will also offer stakeholders a chance to contribute to the development of new food and feed controls.


Consultations

Engagement and consultation with stakeholders is a key part of the policy development process. All of our consultations are published on Citizen Space, where you can also view closed consultations.


Announcements

Publication of safety assessments (opinions) on three food additives and 25 feed additives applications - 29 September 2023

Food Standards Scotland (FSS) alongside the Food Standards Agency (FSA) has produced safety assessments (opinions) on 3 food additives and 25 feed additives applications (covering 20 feed additives) for authorisation for placement on the market in Great Britain.

The full opinions can be found on the FSA website and relate to the following:

3 food additives
RP217 Polyglycerol polyricinoleate (PGPR, E476) Extension of use of an existing authorised food additive Link to full opinion
RP1084 Steviol Glycosides produced from Stevia Leaf Extract Produced by Enzymatic Bioconversion New additive Link to full opinion
RP1057 E 471 mono- and diglycerides of fatty acids (Edipeel) Extension of use of an existing authorised food additive Link to full opinion

 

20 feed additives
RP16 Chromium chelate of DL-methionine (Availa®Cr)  New authorisation Link to full opinion
RP24, 25, 26 Saccharomyces cerevisiae MUCL 39885 (Biosprint®) Renewal authorisation for weaned piglets; new authorisations for pig sub-groups, dogs and cats Link to full opinion
RP29 Pediococcus acidilactici CNCM I-4622 New authorisation  Link to full opinion
RP140, 141, 142, 284 Monensin sodium (Coxidin®) Renewal authorisations and extension of use Link to full opinion
RP185 6-phytase (OptiPhos®) Renewal authorisations and extension of use Link to full opinion
RP222 Selenised yeast Saccharomyces cerevisiae CNCM I-3060, inactivated Modification of formulation Link to full opinion
RP641 Bacillus velezensis DSM 15544) (Calsporin®) Renewal authorisations and extension of use Link to full opinion
RP658 ‘Reduction of the risk of milk fever and subclinical hypocalcaemia’ Modification of values (Feed for particular nutritional purpose (PARNUT)) Link to full opinion
RP1105 L-histidine monohydrochloride monohydrate by fermentation with Escherichia coli KCCM 80212 New authorisation Link to full opinion
RP1125 L-histidine monohydrochloride monohydrate by fermentation with Escherichia coli KCCM 80210 New authorisation Link to full opinion
RP1126 L-lysine sulphate produced by Corynebacterium glutamicum KCCM 80227 New authorisation Link to full opinion
RP1198 Butylated hydroxyanisole (BHA) New authorisation Link to full opinion
RP1199 L-lysine monohydrochloride and concentrated liquid L-lysine (base) produced by fermentation with Corynebacterium glutamicum KCCM 80183  New authorisation Link to full opinion
RP1200 Disodium 5’-guanylate produced by fermentation with Corynebacterium stationis KCCM 10530 and Escherichia coli K-12 KFCC 11067 New authorisation Link to full opinion
RP1259 Muramidase produced by Trichoderma reesei DSM 32338 (Balancius®) Extension of use Link to full opinion
RP1349 Phytomenadione vitamin K1 New authorisation Link to full opinion
RP1386 Copper chelate of hydroxy analogue of methionine  Renewal authorisation Link to full opinion
RP1387 Manganese chelate of hydroxy analogue of methionine Renewal authorisation Link to full opinion
RP1388 Zinc chelate of hydroxy analogue of methionine  Renewal authorisation Link to full opinion
RP1591 Fumonisin esterase from Komagataella phaffii DSM 32159 Extension of use Link to full opinion

FSS consultations on these applications will be carried out in the near future.

Visit Citizen Space to view current consultations.

Publication of safety assessments (opinions) on four novel food applications for authorisation - 14 August 2023

Food Standards Scotland (FSS) alongside the Food Standards Agency (FSA) has produced safety assessments (opinions) on four novel food applications for authorisation for placement on the market in Great Britain.

The full opinions can be found on the FSA website and relate to the following four novel foods:

RP549 lacto-N-fucopentaose I (LNFP-l) and 2'-fucosyllactose (2'-FL) New authorisation Link to full opinion
RP1202 3-fucosyllactose (3-FL) New authorisation Link to full opinion
RP19 Barley Rice Protein New authorisation Link to full opinion
RP200 Cetylated Fatty Acids New authorisation Link to full opinion

An FSS consultation on these applications will be carried out in the near future. 

Visit Citizen Space to view current consultations.

Proposed changes to the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013

In July 2021, the UK signed a Free Trade Agreement (the Agreement) with Norway, Iceland and Liechtenstein. These countries are members of both the European Economic Area (EEA) and the European Free Trade Association (EFTA) so are collectively referred to as the ‘EEA EFTA states’. The Agreement establishes a system for the recognition of professional qualifications (RPQ) and places an obligation on the UK and EEA EFTA states to put in place necessary measures and require its ‘relevant authorities’ to operate on RPQ system.

As part of this obligation our intention is to amend the 2013 regulations to accommodate the recognition of qualifications from EEA EFTA states by 1st December 2023.

The Scottish Government propose to use powers under Section 3 of the Professional Qualifications Act 2022 (the Act) to do this.

The proposed amendment is relevant for the professional qualification of “Food Examiner”. No changes are proposed in relation to the Public Analyst qualification at this time given its specificity in domestic law and the exemption under the Agreement that exists in relation to certain types of qualification for which an international equivalent may not exist.

The proposed amendments will update Schedule 2 of the Food Safety (Sampling and Qualifications) (Scotland) Regulations 2013 to recognise relevant qualifications obtained in any of the EEA EFTA States.

The proposed amendments to Part 1 of Schedule 2 will allow for the recognition of relevant degrees obtained from universities in these EEA EFTA states.

Similarly, the proposed amendments to Part 2 of Schedule 2, will provide for the recognition of laboratories owned by the governments of the EEA EFTA states as well as laboratories owned by universities in these states.

Our view is that this requirement is unlikely to affect the delivery of food examiner services.

Should you have any questions or comments on this proposal please send to exports@fss.scot by 20th September.

Call for evidence for T-2/HT-2 toxins in food

The FSA and FSS are issuing a call for evidence on T-2 and HT-2 toxins in food. Please follow the link below to find further details on the sort of information we are looking for and how you can send this to us.

Full details of the call for evidence for T-2 and HT-2 toxins in food including privacy policy.

General information about calls for evidence.

Please submit data to fsacallsforevidence@food.gov.uk.

The call for evidence will close on 31 October 2023.

The Feed Additives (Form of Provisional Authorisations) (Cobalt(II) Compounds) (Scotland) Regulations 2023

The Minister for Public Health and Women’s Health has decided to provisionally authorise four cobalt compounds to allow for their continued use in animal feed. The Feed Additives (Form of Provisional Authorisations) (Cobalt(II) Compounds) (Scotland) Regulations 2023, Scottish Statutory Instrument (SSI 2023 No.170), provides the prescribed form of these four cobalt compounds and comes into force on 30 June 2023. The instrument provides a provisional authorisation period of three years, starting on 15 July 2023. This will allow the four cobalt compounds to continue to be placed on the market, processed and used as well as protect animal health until decisions are made on their applications for full authorisation.

Publication of amendments to High Risk Food and Feed of Non-Animal Origin Regulation

Commission Implementing Regulation (EU) 2019/1793 sets temporary increases of official controls and emergency measures governing the entry into GB of specific high risk food and feed not of animal origin (HRFNAO) from certain countries. The Regulation requires regular review of products subject to enhanced controls listed within its Annexes in order to take into account new information and non-compliance. Review is delivered by FSS on behalf of Ministers in Scotland through our enhanced risk analysis process. The outcome of the risk analysis is implemented by way Scottish Statutory Instrument. Accordingly, legislation has now been published that makes amendment to Regulation (EU) 2019/1793.

The Official Controls (Import of High Risk Food and Feed of Non-Animal Origin) (Amendment) (Scotland) Regulations 2022 (Statutory Instrument 2022 No. 341) came into force on 17 January 2023.

Consultation summaries have been published for two regulated product consultations - 1 June 2022

The first concerned six applications for the authorisation of novel foods and received no responses. View the summary here. The second consultation related to five of these novel food applications, and included revisions which did not affect the safety assessment of the products. This consultation also invited feedback on the transfer of authorisation holder for five smoke flavourings and received four responses. View the summary here.

The Genetically Modified Food and Feed (Authorisations) (Scotland) Regulations 2022 have come into force - 1 June 2022

The Regulations came into force on 31 May 2022 and authorise nine genetically modified organisms (GMOs) - five new and four renewal authorisations - for food and feed use in Scotland. Separate legislation came into force in England and Wales on 20 May 2022. The GMOs are already authorised for use in the European Union (EU). Due to the Northern Ireland Protocol (NIP), EU legislation continues to apply in Northern Ireland. Updated GMO authorisations can be found on the GM Register.

Authorisation of Eleven Feed Additives for Use in Scotland

The Minister for Public Health, Women’s Health and Sport in Scotland made the decision to authorise applications for the renewal, modification and use of eleven feed additives in Scotland. The Feed Additives (Authorisations) (Scotland) Regulations 2022 (SSI No 288) entered into force on the 24th November 2022, with equivalent regulations coming into force in England and Wales on the 25th November 2022. The relevant feed additives can therefore be placed on the market and used for the purposes stated in the authorisations in Great Britain.

A register of feed additives permitted for use in Great Britain can be found here: Authorised Regulated Food and Feed Products for Great Britain. EU law that applies to Northern Ireland after the transition period is specified in Annex II to the Northern Ireland Protocol. This means that any business seeking a new authorisation for a regulated feed product placed on the Northern Ireland market will have to continue to follow EU rules. 

Summary of responses for consultation concerning genetically modified organisms (GMOs) has been published - 20 February 2023

Consultation summaries have been published for the consultation on applications for eight genetically modified organisms (GMOs) for food and feed uses and for the change of authorisation holder for fifty-one authorised GMOs. The consultation recieved eight responses.  The summaries and main themes identified, along with FSS replies to the consultation responses, can be found on Citizen Space.

The Genetically Modified Food and Feed (Authorisations and Modifications of Authorisations) (Scotland) Regulations 2023 to be laid in Parliament on 02 March 2023

Following a public consultation, the Minister for Public Health, Women's Health & Sport has decided to authorise the 8 Genetically Modified food and feed products and modify the authorisation holders’ details for 51 Genetically Modified Organisms. The Minister has signed the Scottish Statutory Instrument (SSI) implementing the Minister’s decision on authorisation. The SSI will be laid in Parliament on the 2nd of March.

More on this topic

Related

Post EU Exit

Changes to the regulatory and business environment.

Related

Consultations

We regularly consult with stakeholders and consumers to develop policy that will ensure food and feed in Scotland continues to be safe, and help consumers make informed decisions about the food they eat.

Related

EU Exit — health and identification marks

Guidance for food businesses in Scotland producing products of animal origin (POAO).