Westminster Policy News & Legislative Analysis

Scottish SSI 2025/407 updates agri-food to 'assimilated law'

Scottish Ministers have made the Retained EU Law (Revocation and Reform) Act 2023 (Agricultural Products) (Consequential Amendment) (Scotland) Regulations 2025 (SSI 2025/407). The instrument was made on 18 December 2025, laid before the Scottish Parliament on 22 December 2025, and will come into force on 14 February 2026. It is signed on behalf of the Scottish Ministers by Jim Fairlie.

Using powers in section 19(1) of the Retained EU Law (Revocation and Reform) Act 2023, the Regulations align terminology by replacing references to “retained EU” with “assimilated” across selected agri‑food legislation. A public consultation was undertaken as required by Article 9 of Regulation (EC) No 178/2002 (General Food Law).

Targeted updates are made within provisions of Council Regulation (EC) No 1234/2007 concerning marketing standards for milk and milk products. Article 114(2) and Annex XV, point 2, paragraph 3 on the labelling and presentation of spreadable fats are amended so that occurrences of “retained EU” read “assimilated”.

In the Eggs and Chicks (Scotland) (No. 2) Regulations 2008, the headings of schedules 1 and 2 are changed from “RETAINED EU” to “ASSIMILATED”. In schedule 2, Part 2, the final row of the table (Article 30(3)), column 3, is also updated from “retained EU” to “assimilated”.

The Beef and Pig Carcase Classification (Scotland) Regulations 2010 are amended throughout to reflect the new terminology. This includes regulation 2(1) on interpretation, regulation 5(3) on small‑scale bovine operators, the headings and text of the offence provisions for beef and pig provisions (regulations 19 and 20), regulation 28(1) on penalties, and the headings and column descriptors of schedules 1 and 2.

The Poultrymeat (Scotland) Regulations 2011 are similarly updated. Amendments cover the interpretation clause, the offences provision, the enforcement provision, the drafting of compliance notices, and the schedule heading listing assimilated poultrymeat provisions contravention of which is an offence.

This is a consequential drafting exercise rather than a change of policy. Product specifications, grading schemes and enforcement thresholds remain the same; the effect is to standardise references so that offences, compliance notices and statutory citations point to “assimilated” rather than “retained EU” law.

The note to the Regulations confirms interaction with the common organisation of the markets framework. Although Regulation 1234/2007 has been repealed by Regulation (EU) No 1308/2013, the relevant provisions continue to apply by virtue of Article 230(1)(c) of 1308/2013, as amended domestically by SSI 2022/361. The amendments made by SSI 2025/407 operate within that continuing framework.

For operators, the impact is administrative. Compliance manuals, internal procedures, template notices and legal citations should be reviewed for references to “retained EU law” and updated to “assimilated law” by 14 February 2026. Consumer‑facing labels and classification practices are not altered by this instrument.

Local authorities and Food Standards Scotland are likely to update enforcement templates and training materials so that offence descriptions and schedule headings mirror the revised wording. Aligning terminology reduces the scope for avoidable procedural challenge where statutory wording is quoted in notices, reports or prosecutions.

The measure forms part of wider post‑REUL tidying across the Scottish statute book. Similar technical amendments can be expected in adjacent domains as legacy terminology is replaced, and stakeholders should continue to monitor Scottish Government and legislation.gov.uk updates for further consequential instruments.

Key dates for planning purposes are clear: made on 18 December 2025, laid on 22 December 2025, and in force from 14 February 2026. No transitional derogations are specified beyond the commencement date.