Health, Social Care and Sport Committee 09 December 2025
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.