Scotland has introduced the Food Safety Act 1990 Amendment (Scotland) Regulations 2026 to update terminology in the 1990 Act. The instrument applies in Scotland only and takes effect on 15 January 2026. It replaces references to ‘EU’ obligations and to ‘directly applicable EU provision’ with ‘assimilated’ obligations and ‘provisions of assimilated direct legislation’. ([legislation.gov.uk](https://www.legislation.gov.uk/sdsi/2026/9780111064115?utm_source=openai))
‘Assimilated law’ is the post‑2023 term for what was previously retained EU law, reflecting the removal of EU interpretive effects. Section 12 of the Retained EU Law (Revocation and Reform) Act 2023 empowers devolved authorities to restate secondary assimilated law to improve clarity and accessibility, with the power available until 23 June 2026. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/2023/28/notes/division/17/index.htm?utm_source=openai))
The amendment focuses on section 17 of the Food Safety Act 1990, which governs the enforcement of EU‑derived requirements. The heading will now refer to ‘assimilated’ provisions, and subsections (1) and (2) are updated accordingly, including substituting ‘directly applicable EU provision’ with ‘provisions of assimilated direct legislation’. This aligns the 1990 Act with current REUL drafting. ([legislation.gov.uk](https://www.legislation.gov.uk/ukpga/1990/16/section/17?utm_source=openai))
According to Food Standards Scotland, correcting EU references to ‘assimilated’ law is a minor technical fix. It does not change policy intent or the obligations that apply under food law, and is designed to tidy the statute book following the end of the EU law transition. ([foodstandards.gov.scot](https://www.foodstandards.gov.scot/news/consultation-on-correcting-references-in-the-food-safety-act-1990?utm_source=openai))
The instrument records that consultation took place in line with Article 9 of Regulation (EC) No 178/2002. Article 9 requires open and transparent public consultation in the preparation, evaluation and revision of food law, except where urgency prevents it. ([legislation.gov.uk](https://www.legislation.gov.uk/sdsi/2026/9780111064115?utm_source=openai))
For enforcement authorities, the operational impact is administrative. Environmental health teams should ensure notices, templates and local guidance reflect the updated ‘assimilated’ terminology in section 17 from commencement. The enforcement framework and powers under the 1990 Act are unchanged by this amendment.
For food businesses, no new compliance steps arise from this update. Internal manuals and contracts that cite ‘directly applicable EU provision’ in the context of section 17 should be checked and cross‑references updated; underlying duties and standards continue as before. ([foodstandards.gov.scot](https://www.foodstandards.gov.scot/news/consultation-on-correcting-references-in-the-food-safety-act-1990?utm_source=openai))
The Regulations were laid for approval by resolution of the Scottish Parliament under paragraph 7(1) of Schedule 5 to the 2023 Act, the procedure used for restatements. The timing consolidates terminology ahead of the 23 June 2026 expiry of the section 12 restatement power. ([legislation.gov.uk](https://www.legislation.gov.uk/sdsi/2026/9780111064115?utm_source=openai))