Regulations and ordersN.I.
47.—(1) Nothing in this Order shall authorise[F1 the Department] to make provision by order or regulations for prohibiting or regulating the carrying out of any commercial operation in relation to any food or contact material in so far as it relates to importation except where such provision is made with a view to the prevention of disease (including the protection of human health) or is made with respect to services in connection with, or the regulation of, the quality, transport, marketing or identification of food or contact material.
(2) Any power of[F1 the Department] to make regulations or an order under this Order includes power—
(a)to apply, with modifications and adaptations, any other statutory provision (including one contained in this Order) which deals with matters similar to those being dealt with by the regulations or order; and
(b)to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as[F1 the Department] considers necessary or expedient.
(3) [F2Subject to paragraph (3C),] before making—
(a)any regulations under this Order, other than regulations under Article 16(2); or
(b)any order under Part I,
[F1the Department] shall consult with such organisations as appear to[F1 the Department] to be representative of interests likely to be substantially affected by the regulations or order.
[F1(3A) Before making any regulations or order under this Order, the Department shall have regard to any relevant advice given by the Food Standards Agency.
(3B) If it appears to the Department that the Food Standards Agency has undertaken any consultation with an organisation that the Department is required to consult under paragraph (3), the Department may treat that consultation as being as effective for the purposes of that paragraph as if undertaken by the Department.]
[F2(3C) Paragraph (3) shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.]
(4) Any consultation undertaken before paragraph (3) comes into operation shall be as effective, for the purposes of that paragraph, as if undertaken after that paragraph comes into operation.
F2SR 2004/482