The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 462

Exiting The European Union

Food

The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019

Sift requirements satisfied

12th February 2019

Made

4th March 2019

Laid before Parliament

7th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018(1).

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

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

PART 1 Introduction

Citation and commencement

1.  These Regulations may be cited as the Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 Amendment of subordinate legislation

The Quick-frozen Foodstuffs (England) Regulations 2007

2.  The Quick-frozen Foodstuffs (England) Regulations 2007(2) are amended as follows.

3.  In regulation 5(2) for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “its equivalent in any other language”.

4.  In regulation 5(3) for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “its equivalent in any other language”.

5.  In regulation 5(4) for “any other description listed in Article 8.1(a) of Directive 89/108)” substitute “its equivalent in any other language”.

6.  In regulation 5(4)(b) for “European Union” substitute “United Kingdom”.

PART 3 Amendment of retained direct EU legislation

Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption

7.  Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption is amended as follows.

8.  After Article 5 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Signed by the authority of the Secretary of State for Health and Social Care.

Steve Brine

Parliamentary Under-Secretary of State,

Department of Health and Social Care

4th March 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of quick-frozen foodstuffs. Regulations 2 to 6 amend subordinate legislation in England. The remainder of the Regulations amend retained direct EU legislation for the whole of the United Kingdom.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.

(1)

2018 c.16.

(2)

S.I. 2007/191 as amended by S.I. 2011/1043, 2014/1855.