2022 No. 938

Agriculture, England
Food, England

The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022

Made

Laid before Parliament

Coming into force

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(e) and 48(1)(c) of the Food Safety Act 19901.

In accordance with section 48(4A) of the Food Safety Act 19902, the Secretary of State has had regard to relevant advice given by the Food Standards Agency.

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 safety3.

PART 1Introductory

Citation, commencement, extent and application1

1

These Regulations may be cited as the Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 and come into force on 30 September 2022.

2

These Regulations extend to England and Wales but apply in relation to England only.

PART 2Amendments to subordinate legislation

The Quick-frozen Foodstuffs (England) Regulations 20072

In regulation 12 (transitional provisions: withdrawal from the EU) of the Quick-frozen Foodstuffs (England) Regulations 20074, in paragraph (b), for the words from “the last” to “falls” substitute “1 January 2024”.

The Marketing of Fresh Horticultural Produce Regulations 20093

In regulation 24 (transitional provisions: withdrawal from the EU) of the Marketing of Fresh Horticultural Produce Regulations 20095, in paragraphs (1)(a) and (2)(a), for the words from “the end” to “falls” substitute “1 January 2024”.

The Beef and Veal Labelling Regulations 20104

In regulation 4 (offences under European legislation) of the Beef and Veal Labelling Regulations 20106, for paragraph (4) substitute—

4

Paragraphs (1)(a)(vi) and (1)(b)(ii) do not apply if the matter constituting the alleged contravention—

a

relates to a product that was placed on the market before 1 January 2024, and

b

either—

i

in the case of paragraph (1)(a)(vi), would not have constituted a contravention of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council7 as that Regulation had effect in EU law immediately before IP completion day8, or

ii

in the case of paragraph (1)(b)(ii) and where the alleged contravention is a failure to comply with Article 2(2)(b) of Commission Regulation (EC) No 1825/20009, would not have constituted a contravention of that provision as it had effect in EU law immediately before IP completion day10.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 20135

In regulation 23 (transitional provisions: withdrawal from the EU) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 201311, in paragraph (1)(b), for the words from “the last” to “falls” substitute “1 January 2024”.

The Food Safety and Hygiene (England) Regulations 20136

In regulation 19 (offences and penalties) of the Food Safety and Hygiene (England) Regulations 201312, in paragraph (9)(b)(ii), for “21 months after IP completion day ends” substitute “31 December 2023”.

The Food Information Regulations 20147

In regulation 16 (transitional provisions: withdrawal from the EU) of the Food Information Regulations 201413, in paragraph (1)(a), for the words from “the last” to “falls” substitute “1 January 2024”.

The Country of Origin of Certain Meats (England) Regulations 20158

In regulation 8 (transitional provisions: withdrawal from the EU) of the Country of Origin of Certain Meats (England) Regulations 201514, in paragraph (2)(a), for the words from “within the” to the end substitute “before 1 January 2024”.

The Honey (England) Regulations 20159

In regulation 22A (transitional provisions: withdrawal from the EU) of the Honey (England) Regulations 201515, in paragraph (2)(a), for the words from “within the” to the end substitute “before 1 January 2024”.

The Caseins and Caseinates (England) Regulations 201710

In regulation 10 (transitional provision: withdrawal from the EU) of the Caseins and Caseinates (England) Regulations 201716, in paragraph (1)(a), for the words from “the last” to “falls” substitute “1 January 2024”.

PART 3Amendments to retained direct EU legislation

Commission Regulation (EC) No 1825/200011

In Article 2 (labelling where information is not available) of Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, in paragraphs 3 and 4, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Commission Regulation (EC) No 589/200812

In Article 30 (imported eggs) of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs17, in paragraph 3, for the words from “for a period” to “falls” substitute “for the period beginning with 30 September 2022 and ending with 31 December 2023”.

Commission Implementing Regulation (EU) No 543/201113

1

Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors18 is amended as follows.

2

In Article 7 (mixes), in paragraph 4(b), for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

3

In Annex 1 (marketing standards referred to in Article 3)—

a

in Part A (general marketing standards), in point 4(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”; and

b

in Part B (specific marketing standards), in each of Parts 1 to 10, in point 6(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Commission Implementing Regulation (EU) No 29/201214

In Article 2 of Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil19, in point (b) of the third paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Commission Delegated Regulation (EU) 2019/3315

In Article 46 (indication of the bottler, producer, importer and vendor) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation20, in paragraph 1, in points (a) and (d), for “30 September 2022” substitute “31 December 2023”.

Victoria PrentisMinister of StateDepartment for Environment, Food and Rural Affairs
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to existing transitional provisions contained in statutory instruments and in retained direct EU legislation which relate to various food labelling requirements. The amendments, which only apply in England, extend previous transitional arrangements, which were due to expire at the end of September 2022, so that they continue to apply until the end of 2023.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.