The Food Hygiene (England) (Amendment) Regulations 2012

Title and commencement

1.  These Regulations may be cited as the Food Hygiene (England) (Amendment) Regulations 2012 and come into force on 30th July 2012.

Amendments to the Food Hygiene (England) Regulations 2006

2.—(1) The Food Hygiene (England) Regulations 2006(1) are amended in accordance with paragraphs (2) to (6).

(2) In paragraph (1) of regulation 2 (interpretation) for the references to the EU instruments appearing immediately after the definition of “the Community Regulations” substitute the following references —

““Decision 2006/766”, “Decision 2011/131”, “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 1020/2008”, “Regulation 1021/2008”, “Regulation 219/2009”, “Regulation 596/2009”, “Regulation 669/2009”, “Regulation 1162/2009”, “Regulation 739/2011”, “Regulation 809/2011”, “Regulation 880/2011”, “Regulation 1086/2011”, “Regulation 1109/2011”, “Regulation 1169/2011”, “Regulation 1223/2011”, “Regulation 1277/2011”, “Regulation 16/2012” and “Regulation 28/2012” have the meanings respectively given to them in Schedule 1;”.

(3) Immediately after paragraph (5) of regulation 2 insert the following paragraph —

“(6) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it may be amended from time to time.”.

(4) Immediately after regulation 32 (restrictions on the sale of raw milk intended for direct human consumption) insert the following regulation —

“Special health mark

32A.   The special health mark referred to in paragraph 9 of Chapter VI of Section I of Annex III to Regulation 853/2004 and paragraph 7 of Chapter III of Section I of Annex I to Regulation 854/2004 shall conform with Schedule 6A.”.

(5) For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 1 to these Regulations.

(6) Immediately after Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) insert the Schedule set out in Schedule 2 to these Regulations.

Review

3.—(1) The Food Standards Agency must from time to time —

(a) carry out a review of the operation and effect of regulation 2;

(b) set out the conclusions of the review in a report; and

(c) publish the report.

(2) In carrying out the review the Agency must, so far as is reasonable, have regard to how the EU instruments mentioned in paragraph (2) as read with paragraph (3) of regulation 2 are executed and enforced in other Member States.

(3) The report must in particular —

(a) set out the objectives intended to be achieved by the regulatory changes to the Food Hygiene (England) Regulations 2006 made by these Regulations;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4) The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5) Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Signed by authority of the Secretary of State for Health.

Anne Milton

Parliamentary Under Secretary of State,

Department of Health

2nd July 2012