Scottish Statutory Instrument SI 2020/6 Scotland

The Foods for Specific Groups (Infant Formula and Follow-on Formula) (Scotland) Regulations 2020

These Regulations, which extend to Scotland only, make provision to enforce Commission Delegated Regulation (EU) 2016/127 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating …

Read it on legislation.gov.uk (opens in a new tab)
Status
Amended (in force with amendments)
Penalty ceiling
Prosecution 6 of 24 obligations carry a criminal penalty. 1 carries different penalties and 17 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person16 Manufacturer7 Operator1

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Manufacturer — also bound by 502 other Acts
Operator — also bound by 746 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

7 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.002 Interpretation
s.003 Enforcement
s.004 Offences and penalties
s.005 Application of provisions of the Act
s.006 Revocations, savings and transitional provisions
s.007 Consequential amendment
Schedules

Schedules

24 of 26 shown
s.sch004 Prohibitions and limitations on the use of food ingredients (infant formula and follow-on formula) Regulated
  • Comply with ingredient prohibitions and restrictions for infant formula and follow-on formulaAny Person
s.sch004 Listed substances and their purity criteria (infant formula and follow-on formula) Regulated
  • Use only listed substances meeting purity criteria in infant formula manufactureAny Person
s.sch004 Notification of infant formula Regulated
  • Notify Food Standards Scotland before placing new infant formula on the Scottish marketOperator
s.sch004 Pesticide residues (infant formula and follow-on formula) Regulated
  • Ensure infant formula and follow-on formula meet strict pesticide residue limitsManufacturer
s.sch004 Naming of infant formula Regulated
  • Only sell your product under the name 'infant formula'Any Person
s.sch004 Naming of follow-on formula Regulated
  • Sell follow-on formula only under the name 'follow-on formula'Any Person
s.sch004 Labelling of infant formula Regulated
  • Ensure infant formula labelling meets all legal requirementsAny Person
s.sch004 Labelling of follow-on formula Regulated
  • Ensure follow-on formula labelling meets mandatory requirementsAny Person
s.sch004 Avoidance of the risk of confusion between infant formula and follow-on formula Regulated
  • Label infant formula and follow-on formula distinctly to avoid confusionManufacturer
s.sch004 Presentation (infant formula and follow-on formula) Regulated
  • Ensure presentation of infant formula and follow-on formula complies with legal rulesAny Person
s.sch004 Prohibition on the marketing of infant formula or follow-on formula unless certain conditions are met Regulated
  • Market infant or follow-on formula without meeting required conditionsAny Person
s.sch004 Restrictions on advertising infant formula Regulated
  • Advertise infant formula without following legal restrictionsAny Person
s.sch004 Restrictions on advertising follow-on formula Regulated
  • Advertise follow-on formula in breach of restrictionsAny Person
s.sch004 Restrictions on promotion of infant formula Regulated
  • Promote infant formula in prohibited waysManufacturer
s.sch004 Provision of informational and educational material dealing with the feeding of infants Regulated
  • Produce non-compliant infant feeding materials or make improper donationsManufacturer
s.sch004 Free or reduced rate infant formula Regulated
  • Use free or reduced-rate formula only for infants who need itAny Person
s.sch004 Offences and enforcement Prosecution
  • Fail to comply with infant formula marketing or labelling rulesAny Person

Unlimited fine

s.sch004 Prohibition on the marketing of products other than infant formula for normal healthy infants Regulated
  • Market non-infant formula as suitable for young infantsAny Person
s.sch004 Substances in such quantity as to endanger the health of infants and young children Regulated
  • Ensure infant formula contains no harmful substancesAny Person
s.sch004 Protein hydrolysates and other food ingredients suitable for infants from birth (infant formula) Regulated
  • Prove suitability of protein hydrolysates and other ingredients in infant formulaAny Person
s.sch004 Protein hydrolysates and other food ingredients suitable for infants aged over six months (follow-on formula) Regulated
  • Manufacture follow-on formula only from approved protein hydrolysates and other proven ingredientsManufacturer
s.sch004 Compositional criteria for infant formula Regulated
  • Ensure infant formula meets compositional criteria and, for certain protein hydrolysates, conduct suitability studiesAny Person
s.sch004 Compositional criteria for follow-on formula Regulated
  • Ensure follow-on formula meets compositional and nutritional study requirementsManufacturer
s.sch004 Addition of water (infant formula and follow-on formula) Regulated
  • Make sure your infant or follow-on formula only needs water added before useManufacturer
2 other schedules
s.sch004 Interpretation
s.sch004 Application of various sections of the Food Safety Act 1990

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.