The following Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M1 and it appears to the Secretary of State that it is expedient for references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004M2 in particular provisions of these Regulations to be construed as a reference to that Regulation as amended from time to time.

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972—

a
in relation to the common agricultural policy M3;
b
in relation to measures relating to the description of and other requirements relating to spirit drinks M4;
c
in relation to measures relating to food (including drink) including the primary production of food M5; and
d
in relation to changes in terminology or numbering arising out of the Treaty of Lisbon Amending the Treaty on European Union and the Treaty Establishing the European Community signed at Lisbon on 13th December 2007 M6.

So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990 M7, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) M8 of that Act.

There has been 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 M9, during the preparation and evaluation of the following Regulations.

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

a
so far as relating to regulation 2(3) and Schedule 1, paragraph 1A of Schedule 2 to the European Communities Act 1972 M10;
b
so far as relating to regulations 13 and 14 and Schedules 6 and 7—
1. i
  section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972;
2. ii
  sections 6(4), 16(1), 17, 18, 26, 45 and 48(1) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety Act 1990 M11 and now vested in the Secretary of State M12; and
3. iii
  sections 114A M13 and 138(7) of the School Standards and Framework Act 1998 M14; and
c
so far as relating to the remaining regulations and Schedules, sections 6(4), 16(1)(e), 17(1) and (2), 26(3) and 48(1) of the Food Safety Act 1990 and now vested in the Secretary of State.

Annotations:

Marginal Citations

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

S.I. 1972/1811, to which there are amendments not relevant to these Regulations.

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

S.I. 2003/2901, to which there are amendments not relevant to these Regulations.

S.I. 2009/3214.

1990 c. 16.

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

M10

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

M11

Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and paragraph 10(1) and (3) of Schedule 5 to the Food Standards Act 1999 (“the 1999 Act”) and partially repealed by Schedule 6 to the 1999 Act and S.I. 2002/794. Section 16(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17 was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act and S.I. 2011/1043. Section 18 was amended by paragraphs 8 and 13 of Schedule 5 to the 1999 Act. Section 26 was partially repealed by Schedule 6 to the 1999 Act. Section 45 was amended by paragraphs 8 and 20 of Schedule 5 to the 1999 Act. Section 48(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act.

M12

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.

M13

Section 114A was substituted for section 114, as originally enacted, by section 86(1) of the Education and Inspections Act 2006 (c. 40) and amended by section 8(1) of the Healthy Eating in Schools (Wales) Measure 2009 (2009 nawm 3) and S.I. 2010/1158.

M14

1998 c. 31, to which there are other amendments not relevant to these Regulations. See section 142(1) for the meaning of “regulations”.