The Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022

PART 2 Amendment of subordinate legislation that applies in England

The Quick-frozen Foodstuffs (England) Regulations 2007

2.—(1) The Quick-frozen Foodstuffs (England) Regulations 2007(1) are amended as follows.

(2) After regulation 11 insert—

“Transitional provisions: withdrawal from the EU

12.   For the purpose of regulation 9(1), a person is not considered to have contravened or failed to comply with regulation 5(1) if—

(a) a product does not comply with regulation 5(4)(b);

(b) the alleged contravention would relate to a product that was placed on the market on or after the day on which the Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022(2) came into force and before the last day of the period of 21 months beginning with the day on which IP completion day falls; and

(c) the matter constituting the alleged contravention would not have constituted a contravention of these Regulations as they applied immediately before IP completion day.”.

Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

3.—(1) The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013(3) are amended as follows.

(2) After regulation 22 insert—

“Transitional provisions: withdrawal from the EU

23.— (1) An authorised officer must not serve on a person a compliance notice relating to a failure to comply with regulation 13(2) if—

(a) a product does not comply with regulation 14(1)(d);

(b) the compliance notice would relate to a product that was placed on the market before the last day of the period of 21 months beginning with the day on which IP completion day falls; and

(c) the matter constituting the alleged failure to comply would not have constituted a failure to comply with these Regulations as they applied immediately before IP completion day.

(2) In this regulation, “compliance notice” means a compliance notice pursuant to regulation 7.”.

(1)

S.I. 2007/191 as amended by S.I. 2011/1043, 2014/1855 and 2019/462.

(2)

S.I. 2022/XXXX.  

(3)

S.I. 2013/2210 as amended by S.I. 2014/1855, 2019/860 and 2020/1504.