“This is a purely consequential amendment and it does not change policy or obligations under food law,” said Food Standards Scotland when it consulted on the change last year. From Thursday 15 January 2026, Scotland updates the Food Safety Act 1990 to swap EU references for “assimilated law”, via the Food Safety Act 1990 Amendment (Scotland) Regulations 2026. (foodstandards.gov.scot)

What actually changes is the wording in section 17 of the 1990 Act. “EU” becomes “assimilated”, and “directly applicable EU provision” is replaced with “provisions of assimilated direct legislation”. It’s a legal clean‑up so the enforcement gateway in the Act points to the right post‑Brexit law. (legislation.gov.uk)

For manufacturers and retailers in Cumbria, Northumberland, Tees Valley and the wider North selling into Scotland, there’s no new paperwork. You don’t need to alter labels or recipes because of this instrument. Do check compliance manuals, contracts and templates for outdated references and bring them into line with “assimilated” terminology. The Food Standards Agency already describes retained EU rules in Great Britain as “assimilated law”. (foodstandards.gov.scot)

Why the shift in language? The UK Retained EU Law (Revocation and Reform) Act 2023 re‑badged retained EU law as “assimilated law” from 1 January 2024 and altered how EU‑derived rules sit in domestic law. The Scottish Government opposes that Act on devolution grounds, but is amending devolved statutes so they continue to work. This update is one of those tidy‑ups. (gov.scot)

The regulations apply only in Scotland and were laid under the affirmative procedure before approval by the Scottish Parliament. The text confirms commencement on 15 January 2026 and that the instrument was authorised for signature at St Andrew’s House, Edinburgh. (legislation.gov.uk)

England and Wales have been on a similar track. The Food Standards Agency consulted in 2025 on correcting the same references in the Food Safety Act and the Food Standards Act, and its summary confirms the change is a technical fix. As the FSA put it, “The amendments will not introduce any new policy or procedural changes.” (food.gov.uk)

Big picture, this isn’t a policy shift. Scotland is pressing ahead with separate public health rules - for example, restrictions on the promotion and placement of high fat, salt and sugar products from 1 October 2026 - but the “assimilated law” update simply aligns the statute book with current terminology. (legislation.gov.uk)

For Northern firms, the practical to‑do list is short. Add a note to quality systems, brief teams who deal with environmental health officers, and update any standard letters or notices that still cite “EU” obligations under section 17. Keep a copy of the Scottish regulations on file and record the 15 January 2026 start date for audit trails. (legislation.gov.uk)

The bottom line: if you supply Scotland, your food safety obligations are unchanged - but your paperwork should now talk about “assimilated” law, not “EU” law. It’s a quick housekeeping job that will save time when inspectors call.