The Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019

Amendment of Regulation (EC) 854/2004

43.  In Annex 1, Section 3—

(a) in Chapter 2—

(i) at paragraph 3, sub-paragraph (e)—

(aa) for “Union legislation”, substitute “retained EU law”;

(bb) omit “This concerns animals susceptible to the particular disease in question that come from the particular region as defined in Article 2 of Council Directive 64/432/EEC”;

(b) in Chapter 3—

(i) in Part A—

(aa) in the opening words, for “Member States”, substitute “competent authorities”;

(bb) for point (b), substitute—

“(b) The competent authority must decide, in principle and on a case-by-case basis, whether to permit the implementation of the system described above. Where the competent authority decides in principle in favour of this system, it shall inform the appropriate authority of that decision and its associated conditions. For food business operators implementing the system, the actual use of the system is optional. Food business operators shall not be forced by the competent authority to introduce the system described here. Where the competent authority is not convinced that the food business operator satisfies the requirements, the system shall not be implemented in that establishment. In order to assess this, the competent authority shall carry out an analysis of the production and inspection records, the type of activities undertaken in the establishment, the history of compliance with rules, the expertise, professional attitude and sense of responsibility of the slaughterhouse staff in regard to food safety, together with other relevant information.”;

(c) in Chapter 4, in Part A—

(i) at paragraph 2, sub-paragraph (a), for “national and Community legislation”, substitute “retained EU law”;

(ii) for paragraph 7, substitute—

“7.   Nothing in this Regulation prevents the appropriate authority from using any power which the appropriate authority has to make subordinate legislation regulating official veterinarians working on a part-time basis and who are responsible for inspecting small businesses.”.