The Secretary of State makes these Regulations in exercise of the powers conferred by—
(a)except so far as relating to regulations 14 and 15, section 2(2) of the European Communities Act 1972();
(b)so far as relating to regulation 14, sections 103(1) to (3) and 104(4) and (6) of the Water Act 2003();
(c)so far as relating to regulation 15, sections 16(1)(a) and 48(1)(c) of the Food Safety Act 1990().
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—
(a)the common agricultural policy();
(b)the environment();
(c)measures in the veterinary and phytosanitary fields for the protection of public health();
(d)measures relating to food (including drink) including the primary production of food();
(e)measures relating to the control and regulation of genetically modified organisms();
(f)measures relating to the prevention, reduction and elimination of pollution caused by waste();
(g)medicinal products().
So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act().
There has been consultation, as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(), during the preparation and evaluation of these Regulations so far as they relate to food.