Retained EU Law Act: what it means

Food

The unilateral use of the powers within the UK Government’s Retained EU Law (Revocation and Reform) Act 2023 could drastically reduce the high standards and important protections for food sold in Scotland if those powers are used at the expense of consumer protection.

Consumer protection in relation to food includes having high baseline (or minimum) standards in the following areas:

• food labelling – including requirements in relation to allergens as well as compositional requirements for baby food
• food safety – including requirements such as chemical contaminant limits in food

• food hygiene standards with which all food businesses must comply

Stakeholder reaction

Food Standards Scotland

“The Act provides Ministers with the powers to amend our high legal standards in relation to food but only if those amendments do not add any regulatory burdens to business. As Scotland’s food safety and standards regulator, our view is that any change to the law should be evidence based, and focused on public health protection rather than simply cost based. 

“Taken in tandem with the Internal Market Act 2020, this Act further erodes our ability to safeguard our high standards applicable to food sold in Scotland, with standards across GB having the potential to be lowered by deregulation because of these two Acts.”

The Royal Environmental Health Institute of Scotland

“The Institute recognises that legislation provides an important role in securing food safety, information for consumers, workplace safety and environmental protection. It also provides a level playing field for businesses. Without this legislation there is a danger to public safety and to business competitiveness.”