The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005

Statutory Instruments

2005 No. 404

AGRICULTURE, ENGLAND

FOOD, ENGLAND

The Production of Bovine Collagen Intended for Human Consumption in the United Kingdom (England) Regulations 2005

Made

27th February 2005

Laid before Parliament

1st March 2005

Coming into force

26th March 2005

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 upon her by that section (in relation to regulations 3, 4 and 5) and by sections 16(1), (2) and (3), 19(1), 26(1)(a), (b), (2) and (3) and 48(1) of and paragraphs 3(1), 5(1) and (2)(a) and 6(1) of Schedule 1 to the Food Safety Act 1990(3), and now vested in her(4), having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency 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(5), hereby makes the following Regulations:

(1)

S.I. 1972/1811, amended by S.I. 2002/794.

(2)

1972 c. 68.

(3)

1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the Food Standards Act 1999 (1999 c. 28) and S.I. 2004/2990.

(4)

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). Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act. 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 1999 Act. Sections 16(1) and (2), 19(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the 1999 Act, section 26(3) was amended by Schedule 6 to that Act and section 48(4A) was inserted by paragraph 21 of Schedule 5 to that Act. Section 48 was also amended by S.I. 2004/2990.

(5)

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 1642/2003 (OJ No. L245, 29.9.2003, p.4). By virtue of regulation 5 of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. 2004/2990) with effect from 7th December 2004 the consultation requirement contained in section 48(4) of the 1990 Act is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.