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21. For regulation 3 of the Novel Foods and Novel Food Ingredients Regulations 1997 there shall be substituted–
“3.—(1) Any request made pursuant to Article 4.1 of Regulation 258/97–
(a)where placing on the market for the first time is in Scotland, shall be submitted for processing to the Secretary of State for Scotland who shall be the food assessment body in Scotland for the purposes of that Regulation; and
(b)where placing on the market for the first time is in England and Wales, shall be submitted for processing to the Minister of Agriculture, Fisheries and Food, who shall act jointly with the Secretary of State for Health as the food assessment body in England and Wales, for the purposes of that Regulation.
(2) The functions of the Secretary of State for Scotland under this regulation shall be treated as exercisable in or as regards Scotland and may be exercised separately.”.
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