Food Safety Act 1990 Amendment (Scotland) Regulations 2026: implications for Scottish food businesses and UK health and safety law

Food Safety Act 1990 Amendment (Scotland) Regulations 2026: clarifying retained EU law duties under UK health and safety law for Scottish food businesses

What has changed

The Food Safety Act 1990 Amendment (Scotland) Regulations 2026 restate secondary assimilated law within the meaning of section 12(2)(b) of the Retained EU Law (Revocation and Reform) Act 2023. This means that certain EU-derived food safety duties remain in force in Scotland, but now sit within domestic legislation rather than being treated solely as retained EU law. The change does not necessarily create new obligations but confirms the continuity of existing requirements for food business operators in Scotland.

Why this matters for UK health and safety law and business

For duty holders, the Regulations affect governance around how food safety risks are identified and controlled. By confirming assimilated provisions within Scottish legislation, the update reinforces expected standards on hygiene, allergen management, traceability and product safety. Organisations should interpret the change as a signal of enduring requirements that underpin regulatory compliance and the overall integrity of the food chain in Scotland.

Who is affected

All food business operators within Scotland, including manufacturers, processors, caterers, wholesalers and retailers, are affected insofar as they operate in scope of the Food Safety Act 1990. The change ensures continuity of EU-derived duties that underpin food safety management across the sector.

Key duties for employers

Duty holders should maintain robust food safety management practices and governance. This includes up to date risk assessments, evidence of HACCP controls, allergen management, supplier verification and traceability. Organisations should ensure staff training reflects the assimilated requirements and that records demonstrate ongoing compliance. Where appropriate, engage competent advice to support interpretation of assimilated law and to maintain an effective management system such as ISO 45001 occupational health and safety management.

• Review policies and procedures to reflect assimilated law
• Update risk assessments for food hazards and allergen controls
• Verify supplier approvals and traceability arrangements
• Provide targeted training on food safety and allergen management
• Maintain documentation to demonstrate ongoing compliance
• Align management systems with ISO 45001 where suitable

Enforcement and sanctions

Enforcement is typically carried out by local authorities under the Food Safety Act framework. Non compliance may lead to regulatory action, penalties and, where serious, prosecution. Regular audits and inspections are used to verify ongoing compliance with food safety duties.

Steps to achieve compliance

To align with the amendment, organisations should:

1. Confirm interpretation of assimilated law with competent advice if needed, for example via Competent Person support.
2. Update risk assessments to reflect EU-derived duties retained in domestic legislation
3. Review all hygiene, allergen and traceability controls and update records
4. Provide training for staff and managers on the current requirements
5. Review supplier arrangements and ensure ongoing verification and communication
6. Consider integrating ISO 45001 to strengthen governance of health and safety management

For organisations seeking practical help, Synergos Consultancy can assist with risk assessments, governance and management system alignment, including health and safety risk assessments and support packages and services.

In summary, the amendment preserves the expectation that Scottish food businesses operate to EU-derived food safety standards within UK health and safety law. Timely review of policies and risk controls will support consistent compliance and consumer safety across the supply chain.

By adopting systematic controls and keeping documentation current, organisations can demonstrate governance and resilience in the face of regulatory change.