The Food Enzymes Regulations 2009

Statutory Instruments

2009 No. 3235

Food

The Food Enzymes Regulations 2009

Made

7th December 2009

Laid before Parliament

11th December 2009

Coming into force

20th January 2010

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 M1 , (the 1990 Act) and now vested in him M2 .

In accordance with section 48(4A) of the 1990 Act, he has had regard to relevant advice given by the Food Standards Agency.

In so far as these Regulations cannot be made under the powers in the 1990 Act cited above, the Secretary of State makes these Regulations as a Minister designated M3 for the purposes of section 2(2) of the European Communities Act 1972 M4 in relation to measures relating to the description of, and other requirements relating to, spirit drinks.

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 M5 , there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Marginal Citations

M1 1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c.28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. 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 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.

M2 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 and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). 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.

M3 S.I. 1989/1327, to which there are amendments not relevant to these Regulations.

M4 1972 c.68.

M5 OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).

Title, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Food Enzymes Regulations 2009 and come into force on 20th January 2010.

(2) Regulations 1 and 11 extend to the United Kingdom and regulations 2 to 10 apply in relation to England only.

Interpretation U.K.

2.—(1) In these Regulations —

“the Act” means the Food Safety Act 1990;

“the EC Regulation” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 M6 ;

“food authority” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;

“port health authority” means —

(a)

in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 M7 by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.

(2) Any other expression used in these Regulations and in the EC Regulation has the same meaning in these Regulations as it bears in the EC Regulation.

(3) Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation.

Marginal Citations

M6 OJ No. L.354, 31.12.2008, p.7.

M7 1984 c. 22.

Offences, penalties and savings U.K.

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), reg. 1, Sch. 5

Enforcement and competent authorities U.K.

F2 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 4 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), reg. 1, Sch. 5

Application of various sections of the Food Safety Act 1990 U.K.

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), reg. 1, Sch. 5

Condemnation of Food U.K.

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 6 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), reg. 1, Sch. 5

Amendment of the Food Labelling Regulations U.K.

F5 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 7 revoked (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855), reg. 1(5), Sch. 6 Pt. 1 Entry 25

Amendment of the Caseins and Caseinates Regulations 1985 U.K.

F6 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 8 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210), reg. 1, Sch. 5

Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003 U.K.

F7 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Reg. 9 revoked (20.11.2013) by The Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775), regs. 1(2), 20(2)

Amendment of the Novel Food and Novel Food Ingredients Regulations 1997 U.K.

F8 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 10 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28), ss. 1(1), 22(3), Sch. 1 Pt. 1 (with s. 1(3)(4)); S.I. 2023/1363, reg. 2

Amendment of the Spirit Drinks Regulations 2008 U.K.

11.  In the table in Part 2 of Schedule 2 to the Spirit Drinks Regulations 2008 M8 , at the end of the entry in column 2 that appears opposite the entry “Article 9(9)” in column 1, add the words “ as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes ”.

Marginal Citations

M8 S.I. 2008/3206.

Signed by authority of the Secretary of State for Health

Gillian Merron

Minister of State,

Department of Health

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations provide for the execution and enforcement in England of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 (OJ No. L354, 31.12.2008, p.7), (“the EC Regulation”). U.K.

2.  The Regulations provide that it is an offence — U.K.

(a) once the list of food enzymes mentioned in Article 17 of the EC Regulation` has been adopted, to place on the market or use as food enzymes any that are not on that list (regulation 3(2)(a));

(b) to place on the market a food enzyme (or any food containing such an enzyme) that is not compliant with the EC Regulation and its implementing measures (regulation 3(2)(b));

(c) to fail to label food enzymes or enzyme preparations in accordance with the relevant requirements for business to business transactions (regulation 3(2)(c)) or for sales to the final consumer (regulation 3(2)(d)); or

(d) to fail to provide certain technical information to the Commission in specified circumstances (regulation 3(2)(e)).

3.  These Regulations also — U.K.

(a) designate the authorities having the duty to enforce these Regulations and the EC Regulation (regulation 4);

(b) apply certain specified provisions of the Food Safety Act 1990 for the purpose of these Regulations (regulation 5); and

(c) provide that where food does not comply with these Regulations such that it would be an offence to place it on the market, it may be treated as failing to comply with food safety requirements for the purposes of seizure and destruction under section 9 of the Food Safety Act 1990 (regulation 6).

4.  The Regulations make consequential amendments — U.K.

(a) in relation to England only, to the Food Labelling Regulations 1996 (regulation 7), the Caseins and Caseinates Regulations 1985 (regulation 8) and the Novel Foods and Novel Food Ingredients Regulations 1997 (regulation 10);

(b) to the Fruit Juices and Fruit Nectars (England) Regulations 2003 (regulation 9); and

(c) in relation to the whole of the United Kingdom, to the Spirit Drinks Regulations 2008 (regulation 11).

5.  A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Composition and Labelling Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website. U.K.