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Statutory Instruments
Food, England
Made
4th September 2019
Laid before Parliament
5th September 2019
Coming into force
1st October 2021
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(e), 26(3) and 48(1) of the Food Safety Act 1990(1), and, in relation to regulation 2(4), (6) and (10), by paragraph 1A of Schedule 2 to the European Communities Act 1972 (“the 1972 Act”)(2).
The Secretary of State is a Minister designated for the purposes of section 2(2) of the 1972 Act in relation to food and drink intended for sale for human consumption, including the presentation, packaging, labelling, marketing and advertising of such food and drink(3).
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act 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(4) mentioned in regulation 2(4) and (6) of these Regulations to be construed as references to that instrument as amended from time to time.
The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990(5).
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(6) during the preparation, evaluation and revision of food law in relation to these Regulations.
1990 c.16. Section 16(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c.21) (“the 1999 Act”). Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 48(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act.
1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7) and S.I. 2007/1388. It is prospectively repealed by section 1 of the European Union (Withdrawal) Act 2018 (c.16) from exit day (see section 20 of that Act).
S.I. 2005/2766. It is prospectively revoked by S.I. 2018/1011 from exit day.
OJ No L 304, 22.11.2011, p.18, as last amended by Regulation (EU) No. 2015/2283 (OJ No 327, 11.12.2015, p.1).
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.
OJ No L 31, 1.2.2002, p.1, as last amended by Regulation (EU) No. 2017/228 (OJ No L 35, 10.2.17 p.10).
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