TerraLex Cross-Border Guide to Cross-Border Food & Beverage Guide

Yes.

Food Standards Scotland (FSS) In Scotland, FSS has statutory responsibilities including policy development in relation to food matters. It is the primary agency responsible for food safety and standards, including non-alcoholic products. FSS was established by the Food (Scotland) Act 2015.

The FSS has the statutory remit to oversee various aspects of food regulation, including:

• Food Standards: setting and enforcing standards for food quality and product labelling;
• Food Safety: Ensuring that food is safe for consumption; and
• Nutrition: Promoting healthy eating and nutritional standards; and
• Meat Inspection: Regulating the inspection of meat products to ensure safety and compliance.

FSS also provides guidance on healthy eating, supports food businesses in producing safe food, and enforces food safety regulations. FSS also advises on food policy and works to protect consumer interests in Scotland.

The Food Standards Agency (FSA) is primarily responsible for ensuring food safety and hygiene across England, Wales, and Northern Ireland. It oversees food production, processing, and distribution to protect consumers from foodborne illnesses and contamination. However, it is worth noting that the FSA operates across the UK, including Scotland, and collaborates with FSS on broader food safety and regulatory issues.

Regulatory enforcement In Scotland, regulatory enforcement of food law is primarily coordinated by FSS who issue guidance to local authorities on how to enforce food safety regulation. This regulatory oversight is set out in the Food Law Code of Practice and details the powers held by local authorities as well as the procedures for inspections and compliance checks on food businesses.

Local authorities are responsible for the day-to-day enforcement of food laws. They conduct inspections, investigate complaints, and ensure that food businesses comply with safety standards. They also have the authority to impose penalties for non-compliance.

FSS also works closely with the FSA and other regulatory bodies to ensure a joined up approach to food safety across the UK, especially in light of changes following Brexit.

Advertising regulation The Advertising Standards Authority (ASA) has a UK wide remit and has responsibility to ensure that all advertisements for food and beverages are truthful, not misleading, and socially responsible. Includes aspects such as High Fat, Salt, and Sugar (HFSS) Regulations, Nutritional and Health claims and general compliance and enforcement.

The majority of UK food law stems from EU regulation. Following the process of devolution, food legislation is now commonly made on a separate basis in England, Scotland, Wales and Northern Ireland.

In brief, material legislation includes:

• Food Safety Act 1990 this provides the framework for all food legislation in England, Wales, and Scotland and aims to protect consumers from consuming food that could be harmful to their health.
• A core element of UK food law derives from EU Regulation 178/2002 (commonly referred to as the 'General Food Law'). It was introduced into the UK through The General Food Regulations 2004. In general terms, this legislation amended the Food Safety Act 1990 to bring it in line with EU law Regulation (EC) 178/2002, which forms retained law post-Brexit.
• Food Standards Act 1999 – Established the Food Standards Agency (FSA) to oversee food safety and standards throughout the UK. The Act provides the FSA with powers to act in the consumer’s interest at any stage of the food production and supply chain.
• Food Hygiene (Scotland) Regulations 2006 – Establishes comprehensive hygiene standards for food businesses in Scotland, ensuring safe food handling, preparation, and storage practices to protect public health.
• The Food Information Regulations 2014 introduced EU Regulation (EU) No 1169/2011 on the provision of food information to consumers. It covers labelling requirements, including allergen information, nutritional information, and country of origin labelling.
• Food (Scotland) Act 2015 - Established FSS and outlines its responsibilities. FSS operates under the framework established by various laws, including the Food Safety Act 1990 and the General Food Regulations 2004.

As noted above, the majority of UK food law stems from EU law. Following the process of devolution, food legislation is now commonly made on a separate basis in England, Scotland, Wales and Northern Ireland. Also, the majority of EU law has been retained in the UK following Brexit.

Recycling initiatives: The UK Deposit Return Scheme It should be noted that the deposit return scheme (DRS) will be a major piece of legislation that stands to significantly impact producers, importers, wholesalers and retailers. A Scottish DRS was suspended in August 2023. However, it is expected that new legislation will be laid before UK Parliament in 2025. The UK Government has stated that a UK DRS scheme will go live in October 2027.

Yes.

FSS In Scotland, whilst primarily focused on food safety, FSS also plays a role in regulating alcohol products, particularly in terms of labelling and safety standards.

Local licensing boards Scotland has 32 local authorities and each local authorities has an independent Licensing Board responsible for regulating the sale of alcohol within their area. These boards issue licenses for premises selling alcohol and ensure compliance with local and national laws.

It should also be noted that HM Revenue and Customs (HMRC) regulates the taxation and duty aspects of alcohol production and sale throughout the UK.

OPSS The Office for Product Safety and Standards (OPSS) is responsible for ensuring that products, including alcoholic beverages, comply with safety standards. This includes monitoring compliance with relevant legislation and regulations, particularly through age verification technology to prevent underage sales. The OPSS works in conjunction with local authorities and other regulatory bodies to ensure comprehensive enforcement of alcohol regulations.

Advertising and promotion There are strict regulations governing the advertising and promotion of alcohol to prevent misleading claims and to protect public health. This includes restrictions on marketing to young people. The Advertising Standards Authority regulates alcohol advertising to ensure that it adheres to guidelines, particularly in promoting responsible drinking and avoiding targeting underage audiences.

In addition, the Portman Group is a trade organisation focussed on the responsible consumption and promotion of alcohol. Its primary mission is to promote responsible drinking and prevent alcohol misuse.

Whisky regulation In Scotland, whisky regulation is governed by the Scotch Whisky Regulations 2009 (SWR), which came into force on November 23, 2009. The SWR established comprehensive rules for the production, labelling, advertising, and packaging of Scotch whisky.

In terms of licensing, the main piece of legislation is the Licensing (Scotland) Act 2005, which sets out the framework for alcohol licensing, including objectives like preventing crime and protecting public health.

Minimum Unit Pricing In Scotland, Minimum Unit Pricing (MUP) for alcohol is governed by the Alcohol (Minimum Pricing) (Scotland) Act 2012. This legislation sets a minimum price per unit of alcohol. MUP was first implemented in May 2018, with an initial price of 50 pence per unit, which was later increased to 65 pence in 2024.

A license is required to produce and sell alcohol in Scotland. These are summarised as follows:

• Personal licence: A person who manages the sale of alcohol in licensed premises must hold a personal license. The license holder is responsible for ensuring that all alcohol sales comply with the law.
• Premises licence: Any establishment that sells alcohol, whether it's a bar, restaurant, or shop, must obtain a premises license from the local Licensing Board. This license allows the sale of alcohol on the premises.
• Production licence (also known as a distillers licence in the spirit drinks sector): A production/ distillers licence must be held by an person or organisation engaged in the production of alcohol such as distilleries or breweries. This involves compliance with various regulations regarding production methods and safety standards.

Whisky In the case of Scotch whisky production, a distillery must be licensed and registered with HMRC. This involves compliance with specific regulations regarding production methods, safety standards, and record-keeping. Producers must also comply with the strict regulations established under the Scotch Whisky Regulations 2009

Scotch Whisky Association (SWA) The SWA plays an important role in advocating the interests of the Scotch whisky association. It provides a broad range of support to its members, which include distillers, bottlers, and brand owners. One of the SWA's primary responsibilities is to protect the geographical indication of Scotch whisky. This means ensuring that only whisky produced in Scotland and adhering to specific regulations can be labelled as Scotch whisky. Crucially, the SWA actively monitors and takes legal action against infringements globally.