The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020

Amendment of the Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 E+W+S

9.—(1) The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 M1 are amended as follows.

(2) In regulation 2, after the definition of “Regulation 636/2014” insert—

““Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004;

“Regulation 2015/1375” means Commission Implementing Regulation laying down specific rules on official controls for Trichinella in meat;

“Regulation 2016/759” means Commission Implementing Regulation (EU) 2016/759 drawing up lists of third countries, parts of third countries and territories from which Member States are to authorise the introduction into the Union of certain products of animal origin intended for human consumption, laying down specific requirements, amending Regulation (EC) No. 2074/2005 and repealing Decision 2003/812/EC;

“Regulation 2017/185” means Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Council.”.

(3) In regulation 5, in the paragraphs to be inserted—

(a) omit paragraph 5(d);

(b) omit paragraph 7.

(4) For regulation 8(a) substitute—

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

(5) Omit regulation 10.

(6) Omit regulation 12(b).

(7) After regulation 12, insert regulation 12A—

“12A.   Omit Article 11A.”.

(8) In regulation 13(b), in the Article to be substituted—

(a) omit paragraph 1(c);

(b) in paragraph 4—

(i) for “Any statutory instrument, Scottish statutory instrument or statutory rule” substitute “ Any statutory instrument or Scottish statutory instrument ”;

(ii) in subparagraph (b), for “the National Assembly of Wales” substitute “ Senedd Cymru ”;

(iii) omit subparagraph (d);

(c) omit paragraph 5(d).

(9) For regulation 17 substitute—

“17.   In Annex 1, in paragraph 1, in point 1.5, omit “under the applicable law in the Member State concerned”.”.

(10) For regulation 18(1), substitute—

“(1) In Section 1—

(a) for Part B, substitute—

“5.   The mark must be legible and indelible, and the characters easily decipherable. It must be clearly displayed for the competent authorities.

6.   The mark must indicate the approval number of the establishment. If an establishment manufactures both food to which this Regulation applies and food to which it does not, the food business operator may apply the same identification mark to both types of food.

7.   When applied in an establishment located in Great Britain, the mark must be oval in shape and include the abbreviation “UK” or “GB” or the words “United Kingdom”. Products imported into Great Britain from establishments located outside the United Kingdom must not be marked in anyway which indicates or suggests that they were produced in the United Kingdom.

8.   When applied in an establishment located in Northern Ireland, the mark must be indicated as ‘UK(NI)’ or ‘United Kingdom (Northern Ireland)’.

9.   When applied in an establishment located outside of the United Kingdom the mark must indicate the name of the country in which the establishment is located, which may be written out in full or as shown as a two-letter code in accordance with the relevant ISO standard.”;

(b) in Part C, in paragraph 14, for “Community rules” substitute “ applicable legislation in force in the relevant constituent territory of Great Britain ”.”.

(11) In regulation 19—

(a) for paragraph 3 substitute—

“(3) in Section 3—

(a) in paragraph 3a, for point (a) substitute —

“(a) the holding is situated in a region which is not under health restrictions in accordance with legislation in force in the relevant constituent territory of Great Britain;”;

(b) after paragraph 3a insert—

“3b.   In paragraph 3a, “region” means that part of a constituent territory of Great Britain which is at least 2000km2 in area and which is subject to inspection by the competent authorities and includes at least one of the following administrative regions—

(a) in England and Wales, a local government area as defined in section 270(1) of the Local Government Act 1972 M2 ;

(b) in Scotland, a local government area as defined in section 1 of the Local Government etc. (Scotland) Act 1994 M3 .”;”;

(b) for paragraph 7(a), substitute—

“(a) in paragraph 1, in the second unnumbered paragraph, for “Union legislation” substitute “legislation in force in the relevant constituent territory of Great Britain.”.

(12) After regulation 19 insert—

“Amendment of Regulation (EC) 2074/2005

19A.   Regulation (EC) 2074/2005 is amended as follows.

19B.   In Article 7—

(a) in paragraph 1—

(i) in the opening words, for “foods that, in the Member State in which they are traditionally manufactured, are:” substitute “ foods that are traditionally manufactured in Great Britain and are: ”;

(ii) in sub-paragraph (c), omit “a Community,” and “, regional or local”;

(b) in paragraph 2, in the opening words, for “Member States” substitute “ The appropriate authority ”;

(c) omit paragraph 3.

19C.   After Article 10, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.”.

(13) Omit regulations 20 to 49.

(14) After regulation 51, insert—

“Amendment of Regulation 2015/1375

51A.   Regulation 2015/1375 is amended as follows.

51B.   In Article 1(3), omit “in a Member States,”.

F1 51C.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51D.   In Article 3—

(a) in paragraph 3—

(i) in subparagraph (a) omit “in the Member State”;

(ii) at the end of subparagraph (b) omit “or”;

(iii) omit subparagraph (c);

(b) for paragraph 4 substitute—

“4.   When carcasses and meat of domestic swine are exempt from Trichinella examination pursuant to a derogation under Article 3(3), the competent authority must collect the information referred to in Chapter 2 of Annex 4 and must maintain a list of holdings and compartments to which the derogation applies.”.

[F2 (c) in paragraph 5(a)(iii), for “the territory of the Member State” substitute “Great Britain”.]

51E.   In Article 6(2), omit “or the EU reference laboratory”.

51F.   In the opening words of Article 7, for “The competent authorities of the Member States” substitute “ The competent authority ”.

51G.   Omit Article 8(2).

51H.   In Article 11, in the third paragraph, for “EU” substitute “ national ”.

51I.   Omit Article 12(2)(e).

51J.   In Article 13—

(a) in paragraph 1, for “the Union”, substitute “ Great Britain ”;

(b) in the opening words of paragraph 2, for “Commission” substitute “ competent authority ”.

51K.   In Article 14—

(a) omit paragraph 1;

(b) in each place where it occurs, for “the Union” substitute “ Great Britain ”.

51L.   After Article 16, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

51M.   In Annex 1—

(a) in Chapter 1(3)(3) (positive or doubtful results), in the third paragraph omit “EU or”;

(b) in Chapter 2(D)(3)(3) (positive or doubtful results), in the fourth paragraph omit “EU or”.

51N.   In Annex 4—

(a) in Chapter 1(C), for “The competent authorities in Member States” substitute “ The competent authority ”;

(b) in Chapter 2, omit subparagraph (a).”.

(15) After regulation 53, insert—

“Amendment of Regulation 2016/759

53A.   Regulation 2016/759 is amended as follows.

53B.   Omit Article 3.

53C.   In Article 4—

(a) for paragraph 1, substitute—

“1.   The model certificate for the transit through Great Britain of raw materials and treated raw materials for the production of gelatine and collagen intended for human consumption bound for a third country, either by immediate transit or after storage in Great Britain, must be in the form published by the appropriate authority from time to time on its website.

The appropriate authority may from time to time publish on its website guidance on the completion of the model certificate.

References in other legislation which, on or after IP completion day, forms part of retained EU law to the model official certificate set out in Annex 3 to this Regulation are to be read as references to the form of certificate referred to in the first sentence of this Article.”;

(b) in paragraph 2, for “at Union level” substitute “ in Great Britain ”.

53D.   Omit Article 5.

53E.   After Article 9, omit “This Regulation shall be binding in its entirely and directly applicable in all Member States.”.

53F.   Omit Annexes 3 and 4.

General transitional provision relating to the presentation or other use of model official certificates

53G.   Where these Regulations amend any provisions of Regulation 2016/759 which, on or after IP completion day, forms part of retained EU law so as to enable the presentation or other use of a model official certificate in the form published by the appropriate authority from time to time, that amendment does not preclude a model official certificate in the form set out in Annex 3 of Regulation 2016/759, as it had effect immediately before IP completion day, from being presented or otherwise used on or after IP completion day in connection with the transit of the raw materials and treated raw materials through Great Britain instead of the equivalent model certificate, as published by the appropriate authority for a period after IP completion day for transitional purposes, until the appropriate authority publishes a notice that this is no longer permitted.

Amendment of Regulation 2017/185

53H.   Regulation 2017/185 is amended as follows.

53I.   In Article 1, for “31 December 2020” substitute “ 21 April 2021 ”.

53J.   In Article 3, in both places it occurs, for “the Member State of import” substitute “ Great Britain ”.

53K.   In Article 5, in the second paragraph, after “2020” insert, “ except in relation to Article 3, which applies until 21 April 2021. ”.

53L.   After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Textual Amendments

F1 Words in reg. 9(14) omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 7(2)(a)

F2 Words in reg. 9(14) inserted (31.12.2020 immediately before IP completion day) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 7(2)(b)

Commencement Information

I1 Reg. 9 in force at 31.12.2020 immediately before IP completion day, see reg. 1(2)

Marginal Citations

M1 S.I. 2019/640.

M2 1972 c.70. The definition of “local government area” was amended by the Local Government (Wales) Act 1994 (1994 c.19), section 1(6).

M3 1994 c.39.