The General Food Law (Amendment etc.) (EU Exit) Regulations 2019

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the General Food Law (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1 Reg. 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

Interpretation U.K.

2.  In these Regulations—

“Regulation 178/2002” means 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;

“Regulation 16/2011” means Commission Regulation (EU) No. 16/2011 laying down implementing measures for the Rapid alert system for food and feed;

“Regulation 931/2011” means Commission Implementing Regulation (EU) No. 931/2011 on the traceability requirements set by Regulation (EC) No. 178/2002 of the European Parliament and of the Council for food of animal origin.

Commencement Information

I2 Reg. 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

PART 2 U.K. Amendment of subordinate legislation

Amendment of the Food Safety and Hygiene (England) Regulations 2013 U.K.

3.  The Food Safety and Hygiene (England) Regulations 2013 M1 are amended as follows.

Commencement Information

I3 Reg. 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

Marginal Citations

M1 S.I. 2013/2996, amended by S.I. 2014/1855, S.I. 2014/2748, S.I. 2014/2885 and S.I. 2016/868.

[F1 3A.   In regulation 19—

(a) in paragraph (1), for “(8)” substitute “ (9) ”;

(b) after paragraph (8), substitute—

“(9) A person is to be considered not to have contravened or failed to comply with Article 5(1) of Regulation 853/2004 if—

(a) in the case of a health mark—

(i) the health mark was applied to a product of animal origin in accordance with Article 5(1) before IP completion day; and

(ii) the health mark complied with Article 5(1) as that Article applied immediately before IP completion day;

(b) in the case of an identification mark—

(i) the identification mark was applied to a product of animal origin subject to Article 5(1) before IP completion day; or

(ii) the identification mark is applied to a product of animal origin in accordance with Article 5(1) as that Article applied immediately before IP completion day, no later than 21 months after IP completion day ends, using a label, wrapping or packaging bearing that identification mark which is owned by the food business operator immediately before IP completion day.”.]

Textual Amendments

F1 Reg. 3A inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(2)

Commencement Information

I4 Reg. 3A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  For Schedule 2, substitute the Schedule set out in the Schedule to these Regulations.

Commencement Information

I5 Reg. 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

PART 3 U.K. Amendment of retained direct EU legislation

Amendment of Regulation 178/2002 U.K.

5.  Regulation 178/2002 is amended as follows.

Commencement Information

I6 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  In Article 1—

(a) in paragraph 1, omit “internal”;

(b) in paragraph 2, omit “at Community and national level. It establishes the European Food Safety Authority.”.

Commencement Information

I7 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

7.  In Article 3—

(a) in paragraph 1, omit “whether at Community or national level”;

[F2 (b) at the end insert—

“19.   “appropriate authority” means—

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

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

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

20.   “third country” means any country or territory other than the British Islands.”.]

Textual Amendments

F2 Reg. 7(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(3)

Commencement Information

I8 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

8.  In Article 4, omit paragraphs 3 and 4.

Commencement Information

I9 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  In Article 5—

(a) omit paragraph 2;

[F3 (b) in paragraph 3, for “the Community” substitute “ Great Britain ”.]

Textual Amendments

F3 Reg. 9(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(4)

Commencement Information

I10 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

10.  In Article 6(3), omit “in particular, the opinions of the Authority referred to in Article 22,”.

Commencement Information

I11 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F4 11.   In Article 7, in both places it occurs, for “the Community” substitute “ Great Britain ”.]

Textual Amendments

F4 Reg. 11 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(5)

Commencement Information

I12 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 10, at the beginning, omit “Without prejudice to the applicable provisions of Community and national law on access to documents,”.

Commencement Information

I13 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F5 13.   For Article 11 substitute—

“Food and feed imported into Great Britain

11.   Food and feed imported into Great Britain for placing on the market within Great Britain must comply with the relevant requirements of food law or conditions recognised by Great Britain to be at least equivalent thereto or, where a specific agreement exists between the United Kingdom and an exporting country, with requirements contained therein.”.]

Textual Amendments

F5 Reg. 13 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(6)

Commencement Information

I14 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

14.  In Article 12—

[F6 (a) in the heading, for “the Community” substitute “ Great Britain ”;

(b) in paragraph 1, in both places it occurs, for “the Community” substitute “ Great Britain ”;]

(c) for paragraph 2, substitute—

“2.   Where the provisions of a bilateral agreement concluded between the United Kingdom and a third country are applicable, food and feed exported from the United Kingdom to that third country must comply with those provisions.”.

Textual Amendments

F6 Reg. 14(a)(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(7)(a)

Commencement Information

I15 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  In Article 13—

(a) at the beginning, for “Without prejudice to their rights and obligations, the Community and the Member States shall:”, substitute “ The appropriate authorities must— ”;

[F7 (b) in paragraph (e), for “the Community” substitute “ Great Britain ”.]

Textual Amendments

F7 Reg. 15(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(8)

Commencement Information

I16 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 14—

[F8 (a) in paragraph 7—

(i) in the first place it occurs, for “Community provisions” substitute “ legislation in force in the relevant constituent territory of Great Britain ”;

(ii) omit “Community” in the second place it occurs;]

(b) omit paragraph 9.

Textual Amendments

F8 Reg. 16(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(9)

Commencement Information

I17 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

17.  In Article 15—

[F9 (a) in paragraph 4—

(i) in the first place “Community provisions” occurs, substitute “legislation in force in the relevant constituent territory of Great Britain”;

(ii) in the second place “Community provisions” occurs, omit “Community”;]

(b) omit paragraph 6.

Textual Amendments

F9 Reg. 17(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(10)

Commencement Information

I18 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Article 17, omit—

(a) paragraph 2;

(b) the words from and including “For that purpose” to and including “dissuasive”.

Commencement Information

I19 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

19.  In Article 18—

[F10 (a) in paragraph (4), for “the Community” substitute “ Great Britain ”;]

[F11 (b) for paragraph (5) substitute—

“5.   The appropriate authority may make regulations for the purpose of applying the requirements of this Article in respect of specific sectors.”]

F12 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Reg. 19(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(11)(a)

F11 Reg. 19(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(11)(b)

F12 Reg. 19(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(11)(c)

Commencement Information

I20 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

20.  Omit—

(a) Article 21;

(b) Chapter 3;

[F13 (c) Chapter 4 except Article 53.]

Textual Amendments

F13 Reg. 20(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(12)

Commencement Information

I21 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F14 20A.   In Article 53—

(a) in the heading, omit “of Community origin or imported from a third country”;

(b) in paragraph 1—

(i) for the text before subparagraph (a), substitute—

“Where it is evident that food or feed originating in the United Kingdom, or imported into Great Britain from outside the United Kingdom, is likely to constitute a serious risk to human health, animal health or the environment, the appropriate authority may made regulations, containing one or more the following measures, depending on the gravity of the situation—”;

(ii) in subparagraph (a), for “of Community origin” substitute “ originating in the United Kingdom ”;

(iii) for the opening line of subparagraph (b), substitute—

“(b)in the case of food or feed imported from outside the United Kingdom—”;

(iv) in subparagraphs (b)(i) and (ii), omit “third”;

(c) omit paragraph 2.]

Textual Amendments

F14 Reg. 20A inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(13)

Commencement Information

I22 Reg. 20A in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

21.  In Chapter 5—

[F15 (aa) for Article 57a substitute—

“Article 57a U.K. Procedure

1.   Regulations made by the Secretary of State or the Welsh Ministers under this Regulation are to be made by statutory instrument.

2.   For regulations made by the Scottish Ministers under this Regulation, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010.

3.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.   A statutory instrument containing regulations made by the Welsh Ministers under this Regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.

5.   Regulations made by the Scottish Ministers under this Regulation are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).

6.   Regulations made under this Regulation may—

(a) contain consequential, incidental, supplementary, transitional or saving provision;

(b) make different provision for different purposes.”.]

(a) omit Article 58, 59, 60, 61, 62, 63 and 64;

(b) in Article 65, omit—

“Articles 29, 56, 57 and 60 and Article 62(1) shall apply as from the date of appointment of the members of the Scientific Committee and of the Scientific Panels which shall be announced by means of a notice in the ‘C’ series of the Official Journal.”.

Textual Amendments

F15 Reg. 21(aa) inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 10(14)

Commencement Information

I23 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

22.  After Article 65, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I24 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 931/2011 U.K.

23.  Regulation 931/2011 is amended as follows.

Commencement Information

I25 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

24.  In Article 3(2), omit “Union”.

Commencement Information

I26 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

25.  After Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I27 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 4 U.K. Revocation of retained direct EU legislation

Revocation of Regulation 16/2011 U.K.

26.  Regulation 16/2011 is revoked.

Commencement Information

I28 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Signed by the authority of the Secretary of State for Health and Social Care.

Steve Brine

Parliamentary Under-Secretary of State,

Department of Health and Social Care