The Food (Amendment) (EU Exit) Regulations 2019

Regulation 5(3)(e), (16)(a), (23)(b) and (28)(b)

SCHEDULE 2 U.K. Regulation (EU) No 1169/2011 of the European Parliament and of the Council: amendments

[F1 PART 1 U.K. Article 2(2), new points: points (v) to (z1)

Textual Amendments

F1 Sch. 2 Pt. 1 substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), reg. 1(a), Sch.

Commencement Information

I1 Sch. 2 Pt. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

“(v) ‘the appropriate authority’ means:

(i) as regards type B regulations, the Secretary of State;

(ii) in all other cases:

(aa) in relation to England, the Secretary of State;

(bb) in relation to Scotland, the Scottish Ministers;

(cc) in relation to Wales, the Welsh Ministers;

(w) ‘enactment’ includes enactments of the type specified in paragraphs (a) to (d) of the definition of ‘enactment’ in section 20(1) of the European Union (Withdrawal) Act 2018 but not enactments of the type specified in paragraphs (e) to (h);

(x) ‘EU-derived domestic legislation’ has the meaning given in section 1B(7) of the European Union (Withdrawal) Act 2018 but does not include:

(i) any legislation that only extends to Northern Ireland;

(ii) any other legislation in so far as it extends to Northern Ireland;

(y) ‘retained direct EU legislation’ has the meaning given in section 20(1) of the European Union (Withdrawal) Act 2018 but does not include retained direct EU legislation insofar as it extends to Northern Ireland;

(z) ‘type A regulations’, in any provision of this Regulation, means:

(i) in relation to England, any regulations made by the Secretary of State under the Food Safety Act 1990 using a power in that Act that enables the Secretary of State to make regulations relating to the matter specified in the provision in question;

(ii) in relation to Scotland, any regulations made by the Scottish Ministers under the Food Safety Act 1990 using a power in that Act that enables them to make regulations relating to the matter specified in the provision in question;

(iii) in relation to Wales, any regulations made by the Welsh Ministers under the Food Safety Act 1990 using a power in that Act that enables them to make regulations relating to the matter specified in the provision in question;

(z1) ‘type B regulations’, in any provision of this Regulation, means regulations made by the Secretary of State under the Weights and Measures Act 1985 using a power in that Act that enables the Secretary of State to make regulations relating to the matter specified in the provision in question.”]

PART 2 U.K. Article 29(1), points (a) and (b): substituted points

Commencement Information

I2 Sch. 2 Pt. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

“(a) the following legislation relating to food supplements:

(i) in relation to food supplied in England, the Food Supplements (England) Regulations 2003 M1 ;

F2 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (ii)] in relation to food supplied in Scotland, the renumbe Food Supplements (Scotland) Regulations 2003M2 ;

[F4 (iii)] in relation to food supplied in Wales, enumber the Food Supplements (Wales) Regulations 2003 M3 ;

(b) the following provisions relating to the exploitation and marketing of natural mineral waters and spring waters:

(i) in relation to water supplied in England, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 M4 ;

F5 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (ii)] in relation to water supplied in Scotland, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 M5 ;

[F7 (iii)] in relation to water supplied in Wales, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 M6 .”

Textual Amendments

F2 Words in Sch. 2 Pt. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(aa)

F3 Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(bb)

F4 Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(cc)

F5 Words in Sch. 2 Pt. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(aa)

F6 Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(bb)

F7 Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(cc)

Marginal Citations

M1 S.I. 2003/1387, amended by S.I. 2005/2626, 2009/3251, 2011/1043, 2014/1855.

M2 S.S.I. 2003/278, amended by S.S.I 2005/616, 2009/438, S.I. 2011/1043, S.S.I. 2014/312.

M3 S.I. 2003/1719 (W. 186), amended by S.I. 2005/3254 (W. 247), 2009/3252 (W. 282), 2011/1043, 2014/2303 (W. 227).

M4 S.I. 2007/2785; relevant amending instruments are S.I. 2009/1598, 2010/433, 2011/451, 1043.

M5 S.S.I. 2007/483; relevant amending instruments are S.S.I. 2009/273, 2010/89, S.I. 2011/1043.

M6 S.I. 2015/1867 (W. 274), amended by S.I. 2017/935 (W. 229); there are other amending instruments but none is relevant.

PART 3 U.K. Article 42: new second paragraph

Commencement Information

I3 Sch. 2 Pt. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F8 “The specified legislation is:

(a) the Weights and Measures (Miscellaneous Foods) Order 1988;

(b) the Weights and Measures (Packaged Goods) Regulations 2006.”]

Textual Amendments

F8 Words in Sch. 2 Pt. 3 substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(c)

PART 4 U.K. Annex 6, Part B, point 3: substituted point

Commencement Information

I4 Sch. 2 Pt. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

“3.   Minced meat that does not comply with the criteria laid down in point 1 of this Part may be placed on the market:

(a) in England, if the mark in Part 1 of Schedule 2 to the Food Information Regulations 2014 M7 is used to identify the minced meat in accordance with regulation 4 of those Regulations;

F9 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F10 (b)] in Scotland, if the mark in Part 1 of Schedule 1 to the Food Information (Scotland) Regulations 2014 M8 is used to identify the minced meat in accordance with regulation 4 of those Regulations;

[F11 (c)] in Wales, if the mark in Part 1 of Schedule 2 to the Food Information (Wales) Regulations 2014 M9 is used to identify the minced meat in accordance with regulation 4 of those Regulations.”

Textual Amendments

F9 Words in Sch. 2 Pt. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(i)

F10 Words in Sch. 2 Pt. 4 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(ii)

F11 Words in Sch. 2 Pt. 4 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(iii)

Marginal Citations

M7 S.I. 2014/1855, to which there are amendments not relevant to these Regulations.

M8 S.S.I. 2014/312, to which there are amendments not relevant to these Regulations.

M9 S.I. 2014/2303 (W. 227), to which there are amendments not relevant to these Regulations.