The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020

Amendment of the Official Feed and Food Controls (England) Regulations 2009

3.—(1) The Official Feed and Food Controls (England) Regulations 2009(1) are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition that begins “Decision 2007/275”;

(ii) for the definition “the Regulation 2017/625 package” substitute—

““the Regulation 2017/625 package” means Regulation 2017/625 and the EU Regulations listed below the heading “The Regulation 2017/625 package” in Schedule 1;”;

(b) after paragraph (1) insert—

“(1A) Any reference in these Regulations to Decisions, Directives or Regulations referred to in Schedule 1 have the meanings respectively given to them in that Schedule.”.

(3) In regulation 22 (interpretation of this Part of these Regulations), in the definition of “product”, for the words from “required” to “border control posts” substitute “listed in Decision 2007/275/EC”.

(4) In regulation 29 (checks on products), in paragraphs (2) and (3), omit “regulation” which immediately precedes “49(1)”.

(5) In regulation 32 (notices in relation to imports of feed and food from third countries), in paragraph (3), for “Article” substitute “Articles”.

(6) In regulation 36 (costs and fees), in paragraph (2) omit “and (c)”.

(7) In regulation 41(1A) (offences and penalties), for the wording from “Article 3” to “production of sprouts” substitute “Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628”.

(8) In Part 4 (recovery of expenses), at the appropriate place insert—

“Fees or charges arising from unplanned official controls

42A.   Fees or charges imposed by a competent authority on an operator pursuant to Article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.”.

(9) For Schedule 1 (definitions of legislation) substitute the Schedule that is set out in Schedule 1 to these Regulations.

(10) For Schedule 4 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant feed law) substitute the Schedule that is set out in Schedule 2 to these Regulations.

(11) For Schedule 5 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant food law) substitute the Schedule that is set out in Schedule 3 to these Regulations.

(12) For Schedule 6 (specified import provisions) substitute the Schedule that is set out in Schedule 4 to these Regulations.

(1)

S.I. 2009/3255 as amended by S.I. 2013/2996, S.I. 2018/731, S.I. 2018/1275, S.I. 2019/1476 and S.I. 2020/738.