The Food Safety (Ships and Aircraft) (England and Scotland) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order, which extends to England and Scotland, specifies ships and aircraft and purposes for which they are “premises” in and under the Food Safety Act 1990.

The Order—

(a) replaces provisions formerly made by section 59(3) of and Schedule 4 paragraph 1 to the 1990 Act for home-going ships and for import cargo inspections of ships and aircraft (article 3 and Schedule paragraphs 1 and 2(a));

(b) in further implementation of Council Directive 93/43/EEC on the hygiene of foodstuffs(1) and Council Directive 89/397/EEC on the official control of foodstuffs(2), specifies certain ships and aircraft for the purpose of applying provisions of the Food Safety (General Food Hygiene) Regulations 1995 and the Food Safety (Temperature Control) Regulations 1995 and for certain related sections of the Act (article 3 and Schedule paragraph 2(b) and (c));

(c) provides that references to “premises” in sections 2, 3, 29, 32 and 50 of the Food Safety Act 1990 shall include those other ships and aircraft for the purposes specified in paragraph 2(a), (b) and (c) of the Schedule (article 3 and Schedule paragraph 2).

No Regulatory Impact Assessment has been prepared in respect of this Order. A Transposition Note setting out how the main elements of the European Community legislation referred to above are transposed in this Order has been placed in the Library of each House of Parliament. Copies may be obtained from the Local Authority Enforcement Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.

(1)

OJ No. L175, 19.7.93, p. 1, as amended by Directive 96/3 (OJ No. L21, 27.1.96, p. 42) and Directive 98/28 (OJ No. L140, 12.5.98, p. 10).

(2)

OJ No. L186, 30.6.89, p. 23, as completed by Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs (OJ No. L290, 24.11.1993, p. 14).