Explanatory Note
(This note is not part of the Regulations)
These Regulations revoke and replace the Meat Products (England) Regulations 2003 (S.I. 2003/2075). They apply in England.
The Regulations will cease to have effect on 13th December 2021, apart from the consequential amendments made by these Regulations to the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 (S.I. 2007/2359). Those consequential amendments will cease to have effect on 1st January 2015 when the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 are revoked by the Requirements for School Food Regulations 2014 (S.I. 2014/1603).
Regulation 3 sets out the scope of the Regulations.
Regulation 4 and Schedule 1 prohibit the use of specified names in the sale and advertising of regulated products if the products do not satisfy specific compositional requirements.
Regulation 5 prohibits, subject to an exception, the sale of uncooked regulated products which include among their ingredients specified parts of the carcase of any mammalian species of animal.
Regulation 6 imposes an obligation on food authorities and port health authorities to enforce the Regulations.
Regulation 7 and Schedule 2 apply certain provisions of the Food Safety Act 1990 (c. 16), with modifications. In particular, they include the application (with modifications) of section 10(1), enabling an improvement notice to be served to require compliance with regulations 4(1) or (2) or 5(1).
The provisions, as applied, make the failure to comply with an improvement notice an offence.
Regulation 7 and Schedule 2 also apply sections 37(1) and (6), and 39, of the Food Safety Act 1990, with modifications, enabling a decision to serve an improvement notice to be appealed to the First-tier Tribunal.
As well as revoking the Meat Products (England) Regulations 2003, regulation 8 revokes the Meat Products (England) (Amendment) Regulations 2008 (S.I. 2008/517) and provisions in other statutory instruments that amended the Meat Products (England) Regulations 2003.
Regulation 9 and Schedule 3 make consequential amendments to the Education (Nutritional Standards and Requirements for School Food) (England) Regulations 2007 and the Requirements for School Food Regulations 2014.
Regulation 10 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after the Regulations come into force. Following the review it will fall to the Secretary of State to consider whether the Regulations should be allowed to expire as regulation 1(4) provides, be revoked early, or continue in force with or without amendment. A further instrument would be needed to continue the Regulations in force with or without amendments or to revoke them early.
The Regulations were notified in draft (Notification No 2014/0100/UK on 4th March 2014) to the European Commission in accordance with Directive 98/34/EC of the European Parliament and of the Council (OJ No L 204, 21.7.1998, p 37), which lays down a procedure for the provision of information in the field of technical standards and regulations.
A full impact assessment of the effect these Regulations will have on the costs of business, the voluntary sector and the public sector is available from Food and Materials Security and Food Standards, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR and is published with the Explanatory Memorandum alongside the Regulations on www.legislation.gov.uk.