2019 No. 639
The Contaminants in Food (Amendment) (EU Exit) Regulations 2019
Made
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 M1.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
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 the following Regulations.
PART 1Introduction
Citation and commencementI11
These Regulations may be cited as the Contaminants in Food (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
PART 2Amendment of retained direct EU legislation
Amendment of Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in foodI322
Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in food is amended as follows.
I33
In Article 1(1) after the definition of ‘Contaminant’ insert—
“Food Safety Authority” means—
a
as regards F2England and Wales, the Food Standards Agency;
b
as regards Scotland, Food Standards Scotland;
“appropriate authority” means—
a
in relation to England, the Secretary of State;
b
in relation to Wales, the Welsh Ministers;
c
in relation to Scotland, the Scottish Ministers;
F3d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4...
I44
In Article 1(2)—
a
in the first subparagraph omit ‘Community’;
b
omit the second subparagraph.
I55
For the first subparagraph of Article 2(3) substitute—
3
In order to protect public health and pursuant to paragraph (1), the appropriate authority may by regulations made in accordance with this Regulation make provision where necessary to establish the maximum tolerances for specific contaminants. These measures are designed to amend non-essential elements of this Regulation by supplementing it.
I66
In the second subparagraph of Article 2(3) omit “Community”.
I77
After the second subparagraph of Article 2(3) insert—
4
Any power to make regulations under this Regulation—
a
so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;
b
so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;
F5c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M2 (Scottish statutory instruments).
6
Any power to make regulations under this Regulation includes power—
a
to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);
b
to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.
7
F6Any statutory instrument or Scottish statutory instrument containing regulations under this Regulation is subject to annulment in pursuance of a resolution—
a
in the case of England, of either House of Parliament;
b
in the case of Wales, of the F7Senedd Cymru;
c
in the case of Scotland, of the Scottish Parliament;
F8d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8
In this Regulation, any power—
a
of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;
b
of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;
c
of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;
F9d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I88
In Article 3 for “of the Scientific Committee for Food” substitute “
with the Food Safety Authority
”
.
I99
Omit Articles 4, 5, 6, 7 and 8.
I1010
After Article 9 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Amendment of Commission Regulation (EC) No. 401/2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffsI3311
Commission Regulation (EC) No. 401/2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs is amended as follows.
I1112
After Article 4 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I1213
In Annex 1 paragraph A.3.1 omit “as designated by the Member State”.
I13F114
In Annex 1 paragraph A.3.6, for “Member States' rules” substitute “the rules applicable in each constituent territory of Great Britain”
.
I14F1015
In Annex 1 paragraph A.3.8, for “of the Member State” substitute “
applicable in each constituent territory of Great Britain
”
.
I1516
In Annex 1 paragraph L1 in the fourth subparagraph for “Union” substitute “
legal
”
.
I16F1117
In Annex 2 paragraph 3 for “Member States' rules” substitute “
the rules applicable in each constituent territory of Great Britain
”
.
Amendment of Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffsI3418
Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs is amended as follows.
I1719
In Article 2—
a
in paragraph 3 omit “Community”;
b
omit paragraph 4.
I18F1220
Omit Article 7(4) to (7).
F1321
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1422
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1923
Omit Article 9.
I2024
After Article 12 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Amendment of Commission Regulation (EC) No. 1882/2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffsI3525
Commission Regulation (EC) No. 1882/2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs is amended as follows.
I2126
After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I22F1527
In the Annex—
a
in paragraph A.3.1, omit “as designated by the Member State”;
b
in paragraph A.3.6, for “Member States' rules” substitute “the rules applicable in each constituent territory of Great Britain'”;
c
in paragraph A.3.8, for “of the Member State” substitute “
applicable in each constituent territory of Great Britain
”
.
Amendment of Commission Regulation (EC) No. 333/2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffsI3628
Commission Regulation (EC) No. 333/2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs is amended as follows.
I2329
After Article 3 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I24F1630
In the Annex—
a
in paragraph B.1.1, omit “as designated by the Member State”;
b
in paragraph B.1.6, for “the rules of the Member States” substitute “the rules applicable in each constituent territory of Great Britain'”;
c
in paragraph B.1.8, for “of the Member States” substitute “
applicable in each constituent territory of Great Britain
”
;
d
in paragraph C.2.4, for “the rules of the Member States” substitute “the rules applicable in each constituent territory of Great Britain'”;
e
in paragraph C.3.3.1, in the first paragraph, omit “at European Union level”.
Amendment of Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of those substances in non-target feedI3731
Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of those substances in non-target feed is amended as follows.
I2532
After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Amendment of Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EECI3833
Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC is amended as follows.
I2634
After Article 3 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I27F1735
In the Annex—
a
in paragraph B.1.1, omit “designated by the Member State”;
b
in paragraph B.1.6, for “the rules of the Member States” substitute “
the rules applicable in each constituent territory of Great Britain
”
;
c
in paragraph B.1.8, for “of the Member States” substitute “
applicable in each constituent territory of Great Britain
”
;
d
in paragraph C.3.3.1, in the first paragraph, omit “at European Union level”.
Amendment of Commission Regulation (EU) 2017/644 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 589/2014I3936
Commission Regulation (EU) 2017/644 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 589/2014 is amended as follows.
I2837
After Article 6 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
I2938
In Annex 1 paragraph 1.1 for “the Annex to Recommendation 2013/711/EU” substitute “
Annex 5
”
.
I30F1839
In Annex 2, in Section 2—
a
in paragraph 1 omit “as designated by the Member State”;
b
in paragraph 6 for “a Member States' rules” substitute “
the rules applicable in each constituent territory of Great Britain
”
;
c
in paragraph 8 for “of the Member States” substitute “
applicable in each constituent territory of Great Britain
”
.
I3140
After Annex 4 insert the Annex set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health and Social Care.
I2SCHEDULEWording for inclusion in Commission Regulation (EU) 2017/644 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 589/2014
Sch. in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1
ANNEX 5
For the purposes of this Annex the following definitions apply—
“Dioxins + furans (WHO-TEQ)” means the sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed as World Health Organisation (WHO) toxic equivalent using the WHO-toxic equivalency factors (WHO-TEFs);
“Dioxin-like PCBs (WHO-TEQ)” means the sum of polychlorinated biphenyls (PCBs), expressed as WHO toxic equivalent using the WHO-TEFs;
“WHO-TEFs” means the World Health Organisation toxic equivalence factors for human risk assessment based on the conclusions of the World Health Organization (WHO) — International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Martin van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93(2), 223–241 (2006)).
Food
Action level for dioxins and furans (WHO-TEQ)1
Action level for dioxin-like PCBs (WHO-TEQ)1
Meat and meat products (excluding edible offal)2 of the following animals
—bovine animals and sheep
1,75 pg/g fat 3
1,75 pg/g fat 3
— poultry
1,25 pg/g fat 3
0,75 pg/g fat 3
— pigs
0,75 pg/g fat 3
0,50 pg/g fat 3
—Mixed fats
1,00 pg/g fat 3
0,75 pg/g fat 3
Muscle meat of farmed fish and farmed fishery products
1,50 pg/g wet weight
2,50 pg/g wet weight
Raw milk 2 and dairy products 2, including butter fat
1,75 pg/g fat 3
2,00 pg/g fat 3
Hen eggs and egg products 2
1,75 pg/g fat 3
1,75 pg/g fat 3
Clays as food supplement
0,50 pg/g wet weight
0,50 pg/g wet weight
Cereals and oilseeds
0,50 pg/g wet weight
0,35 pg/g wet weight
Fruits and vegetables (including fresh herbs) 4
0,30 pg/g wet weight
0,10 pg/g wet weight
1 Upperbound concentrations: Upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.
2 Foodstuffs listed in this category as defined in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.
3 The action levels are not applicable for food products containing < 2 % fat.
4 For dried fruits and dried vegetables (including dried herbs), Article 2 of Regulation (EC) No 1881/2006 is applicable. For dried herbs, a concentration factor as the consequence of drying of 7 has to be taken into account.
2018 c.16.