Official Report 836KB pdf
The Food Safety Act 1990 Amendment (Scotland) Regulations 2026 [Draft]
The third item on our agenda is consideration of an affirmative instrument. The purpose of the draft Food Safety Act 1990 Amendment (Scotland) Regulations 2026 is to amend provisions of the 1990 act by restating secondary assimilated law within the meaning of section 12(2)(b) of the Retained EU Law (Revocation and Reform) Act 2023. Regulation 2 amends section 17 of the 1990 act to replace references to “EU” obligations and provisions with “assimilated” obligations and provisions, and it replaces a reference to “directly applicable EU provision” with
“provisions of assimilated direct legislation”.
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 18 November 2025 and made no recommendations in relation to it.
We will now have an evidence session on the instrument with the Minister for Public Health and Women’s Health and her supporting officials. Once any questions that we have are answered, we will proceed to a formal debate on the motion. I welcome Jenni Minto, the minister; Emma Luton, a Scottish Government lawyer; Greig Walker, project lead in the Scottish Government’s constitutional policy unit; and Jennifer Howie, UK and international relations team lead at Food Standards Scotland.
I invite the minister to make a brief opening statement.
I am pleased to join the committee to consider the draft Food Safety Act 1990 Amendment (Scotland) Regulations 2026. As the committee will be aware, I am advised on food safety standards and labelling by Food Standards Scotland. The proposed minor technical amendments arise as a consequence of the UK Government’s decision to leave the European Union and the need to ensure that the statute book in Scotland remains operable. Food Standards Scotland worked diligently with the Food Standards Agency and the Scottish Government to update “EU law” references to “retained EU law” references where they were found.
The instrument relates to a deficiency in the 1990 act, which provides the legal foundation for food safety standards in Great Britain. The amendments to the 1990 act were originally going to be made by a GB statutory instrument. However, once it became apparent that the Food Standards Agency and the UK Government were pausing the GB SI, Food Standards Scotland and the Scottish Government agreed that the responsible approach would be to introduce a Scottish statutory instrument instead. The approach serves to enhance the clarity and accessibility of the devolved statute book and give the Parliament reassurance that orderly preparations are being made in Scotland for an EU reset. I stress that the amendments are technical in nature and do not amount to any change in policy. They are necessary to ensure that the statute book is brought up to date. There will be no impact on businesses or any other stakeholder group. I ask the committee to agree to the proposed instrument, and I am happy to take any questions.
Thank you for coming to the committee, minister. The changes are technical, but will there be any implications for industry?
In what respect?
In any respect. Will there be any implications for industry as a consequence of the way in which the regulations are written?
The reason for introducing the SSI is to return the statute book to how it should be. The statute book has not been updated, so it still refers to “EU law”, which is no longer factually correct, because we now have “assimilated law”. That is the change that will be made.
The UK Government is currently working to improve relationships with the EU. Of course, the Scottish Government believes that Scotland’s best interests would be served by rejoining the EU as an independent member state, but, until we get to that point, it is important that we rebuild a close relationship. When the work on an EU reset is done, we will have a statute book in which that work can be integrated quickly and efficiently.
I have had no indication that any other member wishes to ask a question, so we will move to agenda item 4, which is the formal debate on the instrument on which we have just taken evidence. I remind the committee that officials may not speak in the debate. I ask the minister to move motion S6M-19531.
Motion moved,
That the Health, Social Care and Sport Committee recommends that the Food Safety Act 1990 Amendment (Scotland) Regulations 2026 [draft] be approved.—[Jenni Minto]
Motion agreed to.
That concludes our consideration of the instrument.
The National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2025 (SSI 2025/337)
The fifth item on our agenda is consideration of a negative instrument. The purpose of the National Health Service (General Ophthalmic Services) (Scotland) Amendment Regulations 2025 is to deliver the full implementation phase of a policy to support independent prescribing optometrists and ophthalmic medical practitioners to manage patients with 10 complex acute anterior eye conditions through general ophthalmic services, thereby reducing the number of patients who need to be referred to hospital eye services.
The Delegated Powers and Law Reform Committee considered the instrument at its meeting on 18 November and made no recommendations in relation to it. No motion to annul the instrument has been lodged.
Do members have any comments on the instrument?
As members have no comments, I propose that the committee does not make any recommendations in relation to the negative instrument. Does any member disagree with that?
Members: No.
At our next meeting, on Tuesday 16 December, the committee will conclude its stage 1 scrutiny of the Non-surgical Procedures and Functions of Medical Reviewers (Scotland) Bill by taking evidence from a panel of witnesses on part 2 of the bill, followed by a concluding evidence session with the Minister for Public Health and Women’s Health.
That concludes the public part of our meeting.
12:11 Meeting continued in private until 12:31.