UK Statutory Instrument
2009
United Kingdom
The Scotch Whisky Regulations 2009
These Regulations impose additional national requirements in relation to Scotch Whisky in addition to the requirements that apply to Scotch Whisky by virtue of Regulation (EC) No 110/2008 (OJ No L 39, 13.2.2008, p 16) of the European Parliament and of the Council on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89. The additional national requirements regulate the manufacture (regulation 5), marketing (regulation 6), movement (regulation 7) and presentation (regulations 8 to 12 and Schedules 1 to 3) of Scotch Whisky (which is defined in regulation 3). Show full description Show less
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Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 4 other Schedules — structural / supplementary
Regulation 10(1) does not apply where the name of a...
Regulation 10(1) does not apply where the name of a...
In relation to a Blended Malt Scotch Whisky, a Blended...
Regulation 10(1) does not apply where a brand owner refers...
Browse 54 other sections — procedural / definitional / commencement
Title, commencement and application
Seriousness of the non-compliance.
Repeal and revocation
Financial harm to consumers.
Definition of “Scotch Whisky” and categories of Scotch Whisky
Financial harm to competitors.
General interpretation
Duration of non-compliance.
Manufacture
Evidence of intention behind the non-compliance.
Marketing
History of non-compliance of the person (“P”) to whom the...
Movement from Scotland to another country
Financial gain made by P as a result of the...
Compulsory sales descriptions
Financial resources of P.
Names of distilleries and distillers etc.
Size of P’s business.
Locality and region geographical indications
Availability of the non-compliant product, including the number of retail...
Use of the words ‘pure’ and ‘malt’ and derivations
Where P is a retailer with a number of retail...
Maturation, age and distillation statements
The conduct of P after the non-compliance is drawn to...
Transitional provisions relating to labelling and packaging
Previous action taken by the enforcement authority to help P...
Transitional provisions relating to advertising and promotion
Designation
Enforcement
Appointment of officers
Duty to give assistance and provide information
Powers of entry
Powers of an authorised officer
Procedure on seizure
Improvement notices
Appeals against improvement notices
Powers relating to appeals
Publication of notices
Obstruction
Offences
Fines
Offences by bodies corporate etc.
Default of third person
Defences
Giving of penalty notice for penalty offence
Contents and form of penalty notice
Amount of penalty
Restriction on proceedings for penalty offence
Payment of penalty
Certificate of payment or non-payment of a penalty
Penalty receipts
Withdrawal of penalty notice
Civil remedy
Giving of notices
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Food safety and standards in Scotland. Independent public body with similar remit to FSA but for Scotland specifically. Administers Food Hygiene Information …
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