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The Nutrition and Health Claims (Scotland) Regulations 2007 (SSI 2007 No. 383) make provision for the execution and enforcement of Regulation (EC) No. 1924/20061 . According to regulation 2(1)(d) of the SSI 'the Regulation' is defined as Regulation 1924/2006 as corrected.
Article 8.2 of Regulation 1924/2006 provides for the list of nutrition claims in the annex to be amended in accordance with the regulatory procedure with scrutiny. At the 1st October meeting of the Standing Committee on the Food Chain and Animal Health, EU member states voted to add five fatty acid claims ('source of omega-3 fatty acids'; 'high omega-3 fatty acids'; 'high monounsaturated fat'; 'high polyunsaturated fat' and 'high unsaturated fat') to the list. The draft Commission Regulation to amend the Annex accordingly, after undergoing scrutiny by the Council and the European Parliament, is likely to be adopted in mid February 2010 and will come into force 20 days after publication in the Official Journal of the European Union.
In order to provide for enforcement with respect to the new claims SSI 2007 No. 383 needs to be amended so that it refers to 1924/2006 as amended by this forthcoming Commission Regulation. However, the European Commission has recently put forward a draft proposal which would make further amendments to the nutrition claims annex and any resultant Commission Regulation would require the SSI to be amended again. It is possible that there will also be further future amendments.
1 As corrected by a Corrigendum (OJ No. L12, 18.1.2007, p3) and since amended by EC Regulations 107/2008 and 109/2008.
Here are the documents we were able to locate that relate to this consultation: