Legislation and Regulation

Introduction of the Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023

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Summary

On 30 June 2023, the Food (Scotland) Act 2015 (Compliance Notices) Regulations 2023 came into force.

This means that enforcement officers authorised in food law controls may serve this type of notice to any food business that manufactures or retails any food products that have breached food information or composition standards legislation.

This new notice will allow authorised officers to take a more proportionate and graduated approach to enforcing food standards. Before these regulations came into force, the only options available to officers were to either seize and detain any non-compliant food products or to submit a report to the procurator fiscal to consider for prosecution.

The aim of the compliance notice is to give authorised officers the power to instruct food businesses to rectify any food standards non-compliances within a defined timescale, no shorter than the minimum specified period of 14 days.

We envisage that this notice will improve compliance and allow officers to work more effectively with businesses to ensure that their food information and composition standards of their products are more accurate. This in turn will improve consumer confidence in businesses and regulators.