The Nutrition (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Medical Food (England) Regulations 2000

10.—(1) The Medical Food (England) Regulations 2000(1) are amended as follows.

(2) Regulation 2 (interpretation)(2) is renumbered as paragraph (1) of that regulation.

(3) After paragraph (1) as so renumbered, insert—

“(2) In these Regulations, any reference to compliance with a provision of the Directive is to be read as a reference to complying with that provision as would be required if the provision formed part of domestic law.

(3) For the purposes of these Regulations, Articles 4 to 5 of, and the Annex to, the Directive are to be read subject to the modifications set out in Schedule 1.”.

(4) In regulation 5A(3) (application of the improvement notice provisions of the Act), for “Schedule”, in each place where it appears, substitute “Schedule 2”.

(5) The Schedule is renumbered as Schedule 2.

(6) Before Schedule 2 as so renumbered, insert—

Regulation 2(3)

“SCHEDULE 1 Modifications to the Directive

1.   The Directive is modified as follows.

2.   Article 4(2) is to be read as if for “Article 3 of Directive 79/112/EEC,” there were substituted “Article 9 of Regulation (EU) No 1169/2011”.

3.   Article 5 is to be read as if—

(a) in paragraph 1—

(i) for “where a product is manufactured in a third country” there were substituted “where a product is manufactured outside of the United Kingdom”;

(ii) for the first reference to “Member States” there were substituted “territories within the United Kingdom”;

(iii) the words “Member States may, if they can demonstrate that notification is not necessary in order to monitor those products efficiently in their territory, not impose that obligation” were omitted.

(b) in paragraph 2, for “are those referred to in Article 9(4) of Directive 89/398/EEC” there were substituted–

“are–

(a) in respect of England, the Secretary of State,

(b) in respect of Scotland, Food Standards Scotland(4),

(c) in respect of Wales, the Welsh Ministers,

(d) in respect of Northern Ireland, the Food Standards Agency(5).”.

4.   In the Annex, paragraph 4 is to be read as if for “Directive 91/321/EEC and its subsequent modifications” there were substituted “Directive 2006/141/EC(6)”.”.

(1)

S.I. 2000/845, amended by S.I. 2005/2626, 2007/3521, 2008/2445, 2011/3012, 2016/688, 2019/.

(2)

A relevant amendment to regulation 2 was made by S.I. 2007/3251.

(3)

Regulation 5A was inserted by S.I. 2016/688.

(4)

Food Standards Scotland was established by section 1 of the Food (Scotland) Act 2015 (asp 1).

(5)

The Food Standards Agency was established by section 1 of the Food Standards Act 1999 (c. 28).

(6)

OJ No. L 401, 30.12.2006, p. 1, last amended by Commission Delegated Regulation (EU) 2016/127 (OJ No. L 25, 2.2.2016, p. 1).