The Contaminants in Food Regulations 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, make provision for the enforcement and execution of Commission Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs (“the Commission Regulation”).

These Regulations—

(a) provide that it is an offence to contravene Article 2.1 of the Commission Regulation (placing on the market lettuce or spinach containing higher than specified levels of contaminants) save where the marketing is of authorised lettuce or spinach as defined in that regulation and also prescribe a penalty for the offence (regulation 3);

(b) specify the enforcement authorities (regulation 4);

(c) provide a defence in relation to exports in implementation of Articles 2 and 3 of Council Directive 89/397 EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 5); and

(d) provide for the application of specified provisions of the Food Safety Act 1990 (regulation 6).

Article 5 of the Commission Regulation provides that preserved, deep frozen or frozen spinach already on the market on 15th February 1997 which does not conform to the provisions of the Regulation may continue to be marketed until stocks are exhausted.

A Compliance Cost Assessment of the effect that these Regulations would have on the cost of business is available from the Food Contaminants Division of the Ministry of Agriculture, Fisheries and Food, Ergon House c/o Nobel House, 17 Smith Square, London SW1P 3JR.