Good Food Nation (Scotland) Act 2022
2022 asp 5
Introduction
1.These Explanatory Notes have been prepared by the Scottish Government in order to assist the reader of the Good Food Nation (Scotland) Act 2022. They do not form part of the Act and have not been endorsed by the Parliament.
2.These Notes should be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or schedule, or a part of a section or schedule, does not seem to require any explanation or comment, none is given.
The Act
3.The purpose of the Act is to provide for the Scottish Ministers and certain public bodies (in the first instance, local authorities and health boards) to produce good food nation plans and to make provision as to the effect of those plans, namely that the Scottish Ministers and specified public bodies must have regard to the plans when exercising certain functions. These plans will set out main outcomes, indicators and policies in relation to food-related issues. A definition of “food-related issue” is provided in section 24 of the Act and it may therefore be useful to read that section (and paragraphs 54 to 56 of these Notes) at this stage. There will be duties on the Scottish Ministers and the public bodies to have regard to the plans when carrying out certain functions, as well as duties to report on progress in relation to the plans.
National Good Food Nation Plan
Section 1: Requirement to produce plan
4.Section 1 imposes a duty on the Scottish Ministers to publish and lay before the Scottish Parliament a national good food nation plan.
5.Subsections (3), (4) and (5) set out what the plan must and may contain. Subsection (6) requires the Scottish Ministers, in determining the content of the plan, to have regard to the scope for food-related issues to affect outcomes in relation to a number of important matters.
Section 2: Preparation of plan: principles
6.Section 2 provides that when preparing the national good food nation plan, the Scottish Ministers must have regard to certain principles.
7.The principle in paragraph (d) refers to the concept of “the food business sector”. This is defined in section 25 of the Act. It means persons carrying out businesses involving any stage of the production, processing or distribution of food or the preparation or service of food for consumers. This is therefore a wide definition including everyone from farmers to café owners.
Section 3: Requirement to lay proposed plan before the Parliament
8.Section 3 imposes a duty on the Scottish Ministers to lay the proposed national good food nation plan before the Scottish Parliament within 12 months of this section coming into force. The Scottish Parliament is to have a period of 60 days (of which no fewer than 30 days must be days when the Parliament is not dissolved or in recess) to consider the proposed plan.
9.Before finalising the national good food nation plan, the Scottish Ministers are required to have regard to (a) any representations about the proposed plan that are made to them, (b) any resolution passed by the Parliament relating to the proposed plan, and (c) any report published by any committee of the Parliament relating to the proposed plan before the expiry of the 28 day consideration period.
10.When laying the finalised national good food nation plan before the Scottish Parliament under section 1(1), the Scottish Minister must also lay a statement setting out details of any representations, resolutions or reports of the kind mentioned in paragraph 9 above and the changes, if any, which they have made to the plan in response to those representations, resolutions or reports together with the reasons for those changes.
Section 4: Preparation of plan: consultation
11.Section 4 imposes a duty on the Scottish Ministers to consult those who the Scottish Ministers consider appropriate on a draft of the national good food nation plan and to have regard to any consultation responses.
12.Subsections (3) and (4) require the Scottish Ministers, when carrying out that consultation, to have regard to the importance of communicating in an inclusive way and to the importance of communicating in a way that is effective in engaging children and young people.
13.Subsection (5) requires the Scottish Ministers to lay a statement before the Scottish Parliament, at the same time as they lay the proposed national good food nation plan by virtue of section 3(1)(a), summarising the consultation process undertaken, any responses received and how the Scottish Ministers had regard to the importance of communicating in an inclusive way when carrying out the consultation.
Section 5: Preparation of plan: consideration of international instruments
14.Section 5 imposes a duty on the Scottish Ministers to have regard, to the extent specified, to certain international instruments in preparing the national good food nation plan:
Article 11 of the International Covenant on Economic, Social and Cultural Rights provides that a right to an adequate standard of living includes, among other things, adequate food;
Article 24(2)(c) of the United Nations Convention on the Rights of the Child (the “UNCRC”) sets out the right of a child to the enjoyment of the highest attainable standard of health which requires those bound by the UNCRC to combat disease and malnutrition, including through the provision of adequate nutritious foods;
Articles 27(1) and (3) of the UNCRC require those bound by the UNCRC to recognise the right of every child to a standard of living adequate for the child’s physical, mental, spiritual, moral and social development and to take appropriate measures to assist parents and others responsible for the child to implement this right and, in case of need, provide material assistance and support programmes, particularly with regard to, for example, nutrition;
Article 12(2) of the Convention on the Elimination of All Forms of Discrimination Against Women requires those bound by the Convention to ensure women are provided with, among other things, adequate nutrition during pregnancy and lactation.
15.For further reference, the full titles of those instruments are set out in section 25.
16.The Scottish Ministers may by regulations modify the list of international instruments so as to add, remove or vary a reference to an international instrument. Provisions which may be made by such regulations include provisions to limit the extent of an international instrument (similar to the way in which, for example, the instrument referred to in subsection (2)(a) is limited to the extent that it concerns adequate food) and to make clear the version of the international instrument referred to (if, for example, an earlier version of an international instrument did not cover the food-related issue in the terms intended to be had regard to in preparing the national good food nation plan, the version intended to be referred to, which was in operation at a specific date, could be specified in regulations).
17.A definition of “international instrument” is contained in section 25 and includes any treaty, convention, international legislative instrument or guidance issued by an organisation governed by international law. It includes any provision of such an instrument, so for example it would be possible to specify one article of an international treaty to which the Scottish Ministers must have regard.
Section 6: Effect of plan
18.The Scottish Ministers must have regard to the national good food nation plan when exercising certain functions. Those functions, or the description within which they fall, will be specified in regulations. For example, a description might be the “provision of food in schools” or “all functions of the Scottish Ministers relevant to the provision of food in schools in the Education (Scotland) Act 1980”. This would mean that when exercising any function in relation to the provision of food in schools, or any function of the Scottish Ministers relevant to the provision of food in schools in the Education (Scotland) Act 1980, the Scottish Ministers would have to have regard to the national good food nation plan.
Section 7: Reporting
19.The Scottish Ministers must publish a report on progress against the indicators set out in the national good food nation plan as soon as practicable after each period of 2 years, beginning on the date the first plan is published and laid before the Scottish Parliament. The timing of the reporting requirement runs independently from the timing of the requirement to review and revise the plan provided for in section 8.
20.Where a report states that any outcome in the plan is not being achieved, subsection (2) requires the report to set out the view of the Scottish Ministers as to whether the policies set out in relation to that outcome remain sufficient, and if so, their reasons for determining that they remain sufficient, or, in the instance where they conclude that they are no longer sufficient, what action the Scottish Ministers intend to take to address this.
Section 8: Review and revision of plan
21.The Scottish Ministers must review the national good food nation plan every 5 years, beginning on the date the first plan is published and laid before the Scottish Parliament.
22.Subsection (2) requires the Scottish Ministers, in reviewing the plan, to have regard to any recommendation made by the Scottish Food Commission (established by section 19 of the Act) by virtue of section 20(3)(a) of the Act.
23.The plan may be revised following a review (but does not have to be).
24.The provisions of section 1 on the content of the plan, section 2 on the principles to which regard must be had in the preparation of the plan, section 4 on consultation and section 5 on the regard to be given to international instruments when preparing the plans apply to the revision of the plan in the same way as they do to preparation of the initial plan.
25.The timing of the review requirement runs independently from the timing of the requirement to report on progress provided for in section 7.
26.For example, the Scottish Ministers must review the plan before the end of year 5. The Scottish Ministers will have to report on progress against the indicators set out in the plan (as revised following that review) as soon as practicable after the end of year 6, and again as soon as practicable after the end of year 8. A further review of the plan must be undertaken before the end of year 10 with the report on progress on that plan (as revised) due as soon as practicable after the end of year 10.
27.Subsection (6) provides that in preparing a revised national good food nation plan, the requirements in section 3(1) and (3) to (5) to lay (a) the proposed plan before the Parliament for a consideration period of 60 days and (b) a statement setting out details of any representations, resolutions or reports of the kind mentioned in paragraph 9 above and the changes, if any, which they have made to the plan in response to those representations, resolutions or reports together with the reasons for those changes apply in the same way as they do to preparation of the initial plan.
Section 9: Publication of documents: inclusive communication
28.Section 9 requires the Scottish Ministers to have regard to the importance of communicating in an inclusive way when publishing a document under any of sections 1, 2, 3, 4, 5, 6, 7 or 8 of the Act.
Good Food Nation Plans of Public Bodies
Section 10: Requirements to produce plans
29.Section 10 imposes a duty on each relevant authority to publish a good food nation plan. A “relevant authority” is a health board, a local authority or a public authority specified by the Scottish Ministers in regulations.
30.Section 25 defines a health board in terms of section 2(1)(a) of the National Health Service (Scotland) Act 1978, under which the area health boards were constituted for the purpose of exercising functions relating to the health service and making arrangements for the provision of healthcare services. The definition does not include special health boards constituted under section 2(1)(b) of the 1978 Act.
31.The term “local authority” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010 (which applies to the Act) as a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
32.The Scottish Ministers may by regulations specify other public authorities to which the duty will apply. Section 25 defines “
33.The relevant authority must publish its good food nation plan within 12 months of this section coming into force. In the case of a public authority specified by the Scottish Ministers in regulations, the regulations which impose the duty for that authority to publish a good food nation plan will also specify the period by the end of which the plan must be published.
34.Subsections (4) to (6) set out what the plan must and may contain, and require the relevant authority, in determining the content of its plan, to have regard to the scope for food-related issues to affect the same outcomes which are relevant to the national good food nation plan (see paragraph 5 of these Notes).
Section 11: Preparation of plans: principles
35.Section 11 provides that when preparing the national good food nation plan, relevant authorities must have regard to the same principles as the Scottish Ministers must do in relation to the national good food nation plan under section 2.
Section 12: Preparation of plans: consultation
36.Section 12 imposes a duty on relevant authorities to consult those the relevant authority considers appropriate on a draft of their good food nation plan and have regard to the consultation responses.
37.As is the case for the Scottish Ministers in relation to consultation on the national good food nation plan, each relevant authority must, when consulting on their good food nation plan, have regard to the importance of communicating in an inclusive way and to communicating in a way that is effective in engaging children and young people.
Section 13: Preparation of plans: consideration of national plan
38.Each relevant authority must have regard to the national good food nation plan when preparing their good food nation plan. This will mean that the relevant authorities have to have regard to the most recent national good food nation plan.
Section 14: Statement accompanying plan
39.When publishing its good food nation plan each relevant authority must publish a statement setting out how, in preparing the plan, it complied with the duty to have regard to the principles set out in section 11 and the national good food nation plan.
Section 15: Effect of plans
40.Each relevant authority must have regard to its good food nation plan when exercising certain functions. Those functions, or the description within which they fall, will be specified in regulations. For example, a description might be the “provision of food in schools” or “all functions of the local authority relevant to the provision of food in schools in the Education (Scotland) Act 1980”. This would mean that when exercising any function in relation to the provision of food in schools, or any function of the local authority relevant to the provision of food in schools in the Education (Scotland) Act 1980, the local authority would have to have regard to its good food nation plan.
Sections 16 and 17: Reporting, review and revision of plans
41.These sections mirror the reporting and review requirements in relation to the national good food nation plan set out in sections 7 and 8 for relevant authorities’ good food nation plans.
42.Section 17(4) states that the provisions of section 10 on the content of the plan, section 11 on the principles to which regard must be had in the preparation of the plan, section 12 on consultation and section 13 on the regard to be given to the national good food nation plan when preparing a relevant authority’s good food plan apply to the revision of the plan in the same way as they do to preparation of the initial plan.
43.Section 17(5) provides that, as required under section 14 for the initial plan, relevant authorities must publish a statement when publishing a revised good food nation plan setting out how in revising the plan, the relevant authority complied with the requirement to have regard to the principles set out in section 11 and the national good food nation plan.
Section 18: Publication of documents: inclusive communication
44.In the same way as the Scottish Ministers are required to have regard to the importance of communicating in an inclusive way when publishing documents in relation to documents relating to the national good food nation plan, relevant authorities must have regard to the importance of communicating in an inclusive way when publishing documents under any of sections 10, 11, 12, 13, 14, 15, 16 or 17 of the Act in relation to their good food nation plan.
Section 19: Establishment of Scottish Food Commission
45.Section 19 provides for the creation of a new body to be known as the ‘Scottish Food Commission’. The Gaelic name, Coimisean Bìdh na h-Alba, has equal legal status.
46.The Scottish Food Commission is established by section 19. Subsection (3), introduces a schedule which makes further provision about the constitution and operation of the Commission. Further notes on the schedule are given in paragraphs 61 to 78 of these Notes.
Section 20: Functions of the Commission
47.Section 20(1) sets out the functions of the Commission; namely (1) to keep under review progress in achieving the outcomes in both the national and relevant authority good food nation plans and the effectiveness of the plans in addressing food-related issues, and (2) to advise, inform and assist the Scottish Ministers and relevant authorities with a view to promoting and supporting progress in achieving the plans’ outcomes and improving their effectiveness in addressing food-related issues.
48.The Commission must have regard to any request by the Scottish Ministers for its assistance in relation to a particular matter.
49.The Commission may make formal recommendations in relation to both the national good food nation plan and any relevant authority’s good food nation plan. These recommendations must be published.
50.Subsection (5) gives the Commission certain powers for the purpose of its functions. This is “without prejudice” to the general powers which the Commission is given in Part 2 of the schedule – that means that the conferral of these specific powers does not give rise to any arguments that the general powers are in fact narrower than they appear to be.
51.Subsection (6) confers a power on the Scottish Ministers to confer on, modify or remove functions pertaining to the Commission by regulations. But this is subject to the important limitation in subsection (7) to the effect that the power in subsection (6) cannot be exercised in a way that would result in functions being conferred on the Commission which do not relate to the national good food nation plan or the good food nation plans of relevant authorities. This means that the power cannot be used to confer a function independently of the plans – so, for example, the power could not be used to give the Commission a direct responsibility for food safety.
Section 21: Independence of the Commission
52.Section 21 provides that the Commission is not subject to the direction or control of any member of the Scottish Government in exercising its functions, subject to any contrary provision in the Act or any other enactment.
Section 22: Funding and financial assistance
53.The Scottish Ministers may provide financial assistance to the Commission. Such assistance may include grants, loans, guarantees and indemnities. Any financial assistance given may come with conditions attached, such as conditions as to repayment or the repayment of interest. These conditions may be varied from time to time by the Scottish Ministers.
Section 23: Publication of documents by the Commission: inclusive communication
54.The Commission, in publishing a document with its formal recommendations under section 20(4) of the Act, must have regard to the importance of communicating in an inclusive way.
Section 24: Meaning of “food-related issue”
55.This section defines “food-related issue” with reference to the definitions of “food” and “food matter” in sections 53(1) and 54 respectively of the Food (Scotland) Act 2015.
56.Section 53(1) refers to the definition of “food” in Regulation (EC) No. 178/2002(1) as at 7 December 2004. This means that the definition is consistent with European legislation and with the interpretation of “food” set out in various sections of schedule 5 of the Scotland Act 1998.
57.Section 54 defines “food matter” as any matter connected with health which may arise in relation to the consumption of food, or other interests of consumers in relation to food.
Section 26: Ancillary provision
58.Section 26 provides for the Scottish Ministers to be able to make by regulations any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act or any provision made under it. Such regulations may modify any legislation, including this Act.
Section 27: Regulations
59.Section 27 provides for the powers of the Scottish Ministers in the Act to make regulations to include the power to make incidental, supplementary, consequential, transitional, transitory or saving provision, and to make different provision for different purposes. Subsections (2) to (12) make provision about the parliamentary procedure which applies to different sets of regulations. Further information on the regulation-making powers contained in the Act can be found in the Delegated Powers Memorandum published at introduction together with the Supplementary Delegated Powers Memorandum published following Stage 2 of the Bill for the Act’s passage through the Scottish Parliament.
Section 28: Commencement
60.Section 28 provides for sections 24, 25, 27, 28 and 29 to come into force the day after Royal Assent. The Scottish Ministers may commence the other provisions of the Act by regulations. The power to make commencement regulations includes a power to make different provision for different purposes, and to make transitional, transitory or saving provision.
Section 29: Short title
61.Section 29 provides for the short title of the Act, the Good Food Nation (Scotland) Act 2022, by which it may be cited.
Schedule
Scottish Food Commission: Constitution and Operation
62.The schedule makes further provision about the Scottish Food Commission.
63.Paragraph 1 states that the Scottish Food Commission is a body corporate. This means that it has a legal personality separate from that of the people who comprise it.
64.Paragraph 2 states that the Commission is not to be regarded as a servant or agent of the Crown, or having any status, immunity or privilege of the Crown. Neither its members nor its staff are to be regarded as civil servants.
65.Paragraph 3 (Part 2 of the schedule) sets out the Commission’s general powers which are broad in nature.
66.Paragraphs 4 to 8 of the schedule provide that the Commission may establish committees and sub-committees, regulate its own procedure and that of its committees and sub-committees and may authorise any of its members, committees, sub-committees or staff to carry out some of its functions (and to the extent) the Commission decides. Paragraph 8 provides that the validity of anything done by the Committee or a person authorised to do something on behalf of the Commission is not affected by a vacancy in its membership, a defect in the appointment of a member or the disqualification of a member after they have been appointed.
67.Paragraphs 9 to 11 make provision about how the Commission is to be held accountable. The Commission is required by paragraph 9 to produce a corporate plan, which is to be submitted to the Scottish Ministers for approval, modification as they consider appropriate or rejection. The Commission must comply with the corporate plan once it has been submitted to and approved by the Scottish Ministers. The plan can be revised either on the voluntary decision of the Commission itself or when required to do so by the Scottish Ministers.
68.The Commission must prepare and keep proper accounts and accounting records and produce a financial statement of accounts each year, a copy of which is to be sent to the Auditor General for Scotland for auditing (paragraph 10).
69.The Commission must also produce an annual report as soon as reasonably practicable after each financial year. This report is to be made publicly available and copies are to be sent to the Scottish Ministers and laid before the Scottish Parliament, respectively.
70.Paragraphs 12 to 17 make provision about the membership of the Commission including how members are appointed, the duration of their tenure in office, their remuneration, allowances and pensions, the circumstances in which a member’s tenure may be terminated early and grounds for disqualification as members.
71.The Commission is to consist of a chairing member and at least 2 but no more than 4 other members (paragraph 12(1)). Paragraph 12(2) confers a powers on the Scottish Ministers to alter the maximum number of members by regulations.
72.Paragraphs 18 to 20 make provision for the Commission to be able to appoint staff, on terms and conditions approved by the Scottish Ministers.
73.With the approval of the Scottish Ministers, the Commission may pay or make arrangements to pay pensions, allowances and gratuities to or in respect of anyone who is or has been a member of its staff.
Application of public bodies legislation
Ethical Standards in Public Life etc. (Scotland) Act 2000
74.Paragraph 21(1) of the schedule adds the Scottish Food Commission to the list of devolved public bodies in schedule 3 of the Ethical Standards in Public Life etc. (Scotland) Act 2000 (“
have a code of conduct for its members, whose compliance with the code will be policed by the Standards Commission for Scotland (see sections 3 and 9 of the Ethical Standards Act), and
maintain a public register of its members’ interests (see section 7 of the Ethical Standards Act).
Freedom of Information (Scotland) Act 2002
75.Paragraph 21(2) of the schedule adds the Scottish Food Commission to the list of Scottish public authorities in schedule 1 of the Freedom of Information (Scotland) Act 2002 (“
76.Being a public authority within the meaning of FOISA also makes the Commission a “Scottish public authority” to which the Environmental Information (Scotland) Regulations 2004 apply.
77.In addition, as a public authority within the meaning of FOISA, the Commission is a “public authority” or “
78.Further, being a public authority within the meaning of FOISA makes the Commission subject to the duties imposed by section 44 of the Climate Change (Scotland) Act 2009 and, as such, liable to monitoring and investigation under Part 4 of that Act.
Public Appointments and Public Bodies etc. (Scotland) Act 2003
79.Paragraph 21(3) of the schedule adds the Commission to the list of specified authorities in schedule 2 of the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (the “
Public Services Reform (Scotland) Act 2010
80.Paragraph 21(4) of the schedule adds the Commission to the list of bodies in schedule 8 of the Public Services Reform (Scotland) Act 2010 (“
expenditure (see section 31 of the 2010 Act), and
the steps it has taken to promote and increase sustainable growth and improve its efficiency, effectiveness and economy (see section 32 of the 2010 Act).
Public Records (Scotland) Act 2011
81.Paragraph 21(5) of the schedule adds the Commission to the schedule of the Public Records (Scotland) Act 2011 and thereby makes it subject to the duties created by that Act to produce, implement and keep under review a records management plan.
Procurement Reform (Scotland) Act 2014
82.Paragraph 21(6) of the schedule makes the Commission subject to the procurement rules applicable to contracting authorities in the Procurement Reform (Scotland) Act 2014.
Parliamentary History
83.The following is a list of the proceedings in the Scottish Parliament on the Bill for the Act and significant documents connected to the Bill published by the Parliament during the Bill’s parliamentary passage.
| Proceedings and reports | Reference |
|---|---|
| Bill as introduced – 7 October 2021 | SP Bill 4, Session 6 (2021) |
| Policy Memorandum | SP Bill 4—PM Session 6 (2021) |
| Explanatory Notes | SP Bill 4—EN Session 6 (2021) |
| Financial Memorandum | SP Bill 4—FM Session 6 (2021) |
| Delegated Powers Memorandum | SP Bill 4—DPM Session 6 (2021) |
| STAGE 1 | |
| (a) Rural Affairs, Islands and Natural Environment Committee | |
| 9th Meeting 2021, 3 November 2021 | Col 1 - 22 |
| 2nd Meeting 2022, 19 January 2022 | Col 1 - 35 |
| 3rd Meeting 2022, 26 January 2022 | Col 1 - 57 |
| 4th Meeting 2022, 2 February 2022 | Col 2 - 56 |
| 5th Meeting 2022, 9 February 2022 | Col 42 - 66 |
| 6th Meeting 2022, 23 February 2022 | Col 1 - 34 |
| 8th Meeting 2022, 9 March 2022 | In private |
| 9th Meeting 2022, 16 March 2022 | In private |
| Stage 1 Report on the Bill, 17 March 2022 | SP Paper 141 – 3rd Report, 2022 (Session 6) |
| (b) Delegated Powers and Law Reform Committee | |
| 10th Meeting 2021, 16 November 2021 | In private |
| 2nd Meeting 2022, 18 January 2022 | In private |
| Stage 1 Report on the Bill, 2 February 2022 | SP Paper 94 - 7th Report, 2022 (Session 5) |
| (c) Consideration by the Parliament | |
| Stage 1 Debate on the Bill, 22 March 2022 | Col 29 - 74, 79 |
| Motion on financial resolution, 24 March 2022 | Col 124 |
| STAGE 2 | |
| (a) Rural Affairs, Islands and Natural Environment Committee | |
| Meeting on amendments at Stage 2, 15th Meeting 2022, 11 May 2022 | Col 4 - 74 |
| Marshalled List of amendments for Stage 2 | SP Bill 4—ML Session 6 (2022) |
| Groupings of amendments for Stage 2 | SP Bill 4—G Session 6 (2022) |
| Bill as amended at Stage 2 | SP Bill 4 – Session 6 (2022) |
| Revised Explanatory Notes | SP Bill 4—EN Session 6 (2022) |
| Supplementary Delegated Powers Memorandum | SP Bill 4—DPM Session 6 (2022) |
| (b) Delegated Powers and Law Reform Committee | |
| 17th Meeting 2022, 24 May 2022 | In private |
| Report on the Bill as amended, 8 June 2022 | SP Paper 189 - 34th Report, 2022 (Session 6) |
| STAGE 3 | |
| Consideration by the Parliament | |
| Marshalled list of amendments for Stage 3 | SP Bill 4—ML Session 6 (2022) |
| Groupings of amendments for Stage 3 | SP Bill 4—G Session 6 (2022) |
| Stage 3 (consideration of amendments | Col 44 - 176 |
| Stage 3 (debate) | Col 71 – 95; 100 – 102 |
| Bill as passed – 15 June 2022 | SP Bill 4 - Session 6 (2022) |
| Royal Assent | |
| Royal Assent – 26 July 2022 | 2022 asp 5 |
“food”…means any substance or product, whether processed or partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans.
“
“
(a) feed;
(b) live animals unless they are prepare for placing on the market for human consumption;
(c) plants prior to harvesting;
(d) medicinal products within the meaning of Council Directives 65/65/EEC and 92/73/EEC;
(e) cosmetics within the meaning of Council Directive 76/768/EEC;
(f) tobacco and tobacco products within the meaning of Council Directive 89/622/EEC);
(g) narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;
(h) residues and contaminants.
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