Statutory Instruments
FOOD, ENGLAND
Made
16th May 2002
Laid before Parliament
16th May 2002
Coming into force in accordance with regulation 2
The Secretary of State being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the common agricultural policy of the European Community in exercise of the powers conferred on him by that section so far as these Regulations amend the Products of Animal Origin (Import and Export) Regulations 1996(3);
And the Secretary of State in exercise of the powers conferred on him by sections 16(1)(b) and (f) and 17(1) of the Food Safety Act 1990(4) and now vested in him(5) having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act;
And after consultation as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(6);
Makes the following Regulations:
By S.I. 1972/1811.
S.I. 1996/3124, amended by S.I. 1997/3023, S.I. 1998/994, S.I. 1999/683, S.I. 2000/225, S.I. 2000/656, S.I. 2000/790, S.I. 2000/2215, S.I. 2001/1553 and S.I. 2001/1640. The provisions of S.I. 1996/3124 which apply to products imported from third countries are disapplied by S.I. 2002/1227.
Functions formerly exercisable by “the Ministers” (being in relation to England and Wales and acting jointly the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and in relation to Scotland the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 48 of the 1990 Act. Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1990 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46) as read with section 40(2) of the 1990 Act. Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.
OJ No. L31, 1.2.2001, p.1.