The General Food Hygiene (Amendment) (EU Exit) Regulations 2019 No. 642

Statutory Instruments

2019 No. 642

Exiting The European Union

Agriculture

Food

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

Made

18th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following 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.

Marginal Citations

M1 2018 c.16.

PART 1 U.K. Introduction

Citation and commencement U.K.

1.  These Regulations may be cited as the General Food Hygiene (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

PART 2 U.K. Amendment of retained direct EU legislation

Amendment of Regulation (EC) 852/2004 U.K.

2.  Regulation (EC) 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs is amended as follows.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

3.  In Article 1—

[F1 (a) in paragraph 1(g), for “the Community” substitute “Great Britain”;]

(b) omit paragraph 3.

Textual Amendments

F1 Reg. 3(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(2)

Commencement Information

I3 Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

4.  In Article 2, in paragraph 1—

(a) in point (d), omit “of a Member State”;

(b) for point (g), substitute—

“(g) “potable water” means—

(i) as regards England, water meeting the requirements laid down in the Private Water Supplies (England) Regulations 2016 M2 ;

(ii) as regards Wales, water meeting the requirements laid down in the Private Water Supplies (Wales) Regulations 2017 M3 ;

(iii) as regards Scotland, water meeting the requirements laid down in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 M4 ;

F2 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(c) after point (o), insert—

“(p) “Food Safety Authority” means—

(i) as regards [F3 England and Wales], the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland;

(q) “prescribed” means prescribed by regulations;

(r) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

F4 (iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4 (s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F2 Words in reg. 4(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(3)(a)

F3 Words in reg. 4(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(3)(b)(i)

F4 Words in reg. 4(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(3)(b)(ii)

Commencement Information

I4 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 S.I. 2016/618, amended by S.I. 2017/506, S.I. 2018/707.

M3 S.I. 2017/1041, amended by S.I. 2018/647.

M4 S.S.I. 2017/282.

5.  In Article 4—

(a) for paragraph 4, substitute—

“4.   The criteria, requirements and targets referred to in paragraph 3, and associated sampling and analysis methods shall be prescribed by the appropriate authority.”;

[F5 (b) in paragraph 5, for “Community or national legislation” substitute “ applicable legislation in force in the relevant constituent territory of Great Britain ”.]

Textual Amendments

F5 Reg. 5(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(4)

Commencement Information

I5 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

6.  In Article 5, omit paragraph 5.

Commencement Information

I6 Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

7.  In Article 6—

(a) for paragraph 1, substitute—

“1.   Food business operators shall cooperate with the competent authorities in accordance with [F6 the legislation in force in the relevant constituent territory of Great Britain].”;

(b) for paragraph 3, substitute—

“3.   However, food business operators shall ensure that establishments are approved by the competent authority, following at least one on-site visit, when approval is required under Regulation (EC) No. 853/2004.”.

Textual Amendments

F6 Words in reg. 7(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(5)

Commencement Information

I7 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

8.  For Article 7, substitute—

“The Food Safety Authority shall encourage the development of guides to good practice for hygiene and for the application of the HACCP principles in accordance with Article 8. The dissemination and use of guides shall be encouraged. Nevertheless, food business operators may use these guides on a voluntary basis.”.

Commencement Information

I8 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

9.  In Article 8—

(a) in the heading, omit “National”;

(b) in paragraph 1, omit “national”;

(c) for paragraph 2, substitute—

“2.   Guides may be developed under the aegis of a standards institute”.

(d) in paragraph 3, for the first line, substitute—

“The Food Safety Authority shall assess guides in order to ensure that—”;

(e) omit paragraph 4;

(f) omit paragraph 5.

Commencement Information

I9 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

10.  Article 9 is omitted.

Commencement Information

I10 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

11.  Article 12 is omitted.

Commencement Information

I11 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 13—

(a) for paragraph 1, substitute—

“1.   Annexes 1 and 2 may be adapted or updated by the appropriate authority taking into account—

(a) the need to revise the recommendations set out in Annex 1. Part B, paragraph 2;

(b) the experience gained from the implementation of HACCP-based systems pursuant to Article 5;

(c) technological developments and their practical consequences and consumer expectations with regard to food composition;

(d) scientific advice, particularly new risk assessments;

(e) microbiological and temperature criteria for foodstuffs.”;

(b) for paragraph 2, substitute—

“2.   Derogations from Annexes 1 and 2 may be prescribed by the appropriate authority, in particular in order to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation.”;

(c) for paragraph 3, substitute—

“3.   Nothing in this Regulation prevents the appropriate authority from using any power which the appropriate authority has to make subordinate legislation adapting the requirements set down in Annex 2 where that legislation does not compromise the achievement of the objectives of this Regulation and—

(a) the adaptations have the aim of—

(i) enabling the continued use of traditional methods, at any of the stages of production, processing or distribution of food; or

(ii) accommodating the needs of food businesses situated in regions that are subject to special geographical constraints;

(b) in cases not involving the matters at (a), the adaptations apply only to the construction, layout and equipment of establishments.”;

(d) omit paragraphs 4, 5, 6 and 7.

Commencement Information

I12 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 14—

(a) for the heading, substitute “ Regulations and devolved powers ”;

(b) for the Article, substitute—

“1.   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;

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M5 (Scottish statutory instruments).

3.   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.

4.   Any statutory instrument, Scottish statutory instrument F8 ... 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 [F9 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F10 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   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;

F11 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F7 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(6)(a)

F8 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(6)(b)(i)

F9 Words in reg. 13(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(6)(b)(ii)

F10 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(6)(b)(iii)

F11 Words in reg. 13(b) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(6)(c)

Commencement Information

I13 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M5 2010 asp 10.

14.  In Article 15—

(a) in the heading, omit “European”;

(b) in the Article—

(i) for “Commission”, substitute “ appropriate authority ”;

(ii) omit “European”.

Commencement Information

I14 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

15.  Omit Article 16.

Commencement Information

I15 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

16.  In Article 17, omit paragraph 4.

Commencement Information

I16 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

17.  After Article 18, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I17 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

18.  In Annex 1—

[F12 (a) in Part A, in paragraph 3, for “Community and national legislative provisions” substitute “legislation in force in the relevant constituent territory of Great Britain”;]

(b) in Part B—

(i) for paragraph 1, substitute—

“1.   Guides referred to in Article 7 of this Regulation should contain guidance on good hygiene practice for the control of hazards in primary production and associated operations.”;

[F13 (ii) in paragraph 2, at the beginning, for “Community and national legislation or national and Community programmes” substitute “legislation in force in the relevant constituent territory of Great Britain”.]

Textual Amendments

F12 Reg. 18(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(7)(a)

F13 Reg. 18(b)(ii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(7)(b)

Commencement Information

I18 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

19.  In Annex 2 —

(a) in Chapter 4, in paragraph 4, for “in one or more Community languages”, substitute, “ in English, or, in English and Welsh ”;

(b) in Chapter 6, in paragraph 4, omit “Community”;

(c) in Chapter 12, in paragraph 3, for “national” substitute “ United Kingdom ”.

Commencement Information

I19 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EC) 2073/2005 U.K.

20.  Regulation (EC) 2073/2005 on microbiological criteria for foodstuffs is amended as follows.

Commencement Information

I20 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

21.  In Article 1, in the second paragraph, omit “Community”.

Commencement Information

I21 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

22.  In Article 2—

F14 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in paragraph (h), for “Commission Directive 91/321/EEC”, substitute “ Regulation (EU) No 609/2013 ”;

(c) in paragraph (i), for “Commission Directive 1999/21/EC”, substitute “ Regulation (EU) No 609/2013 ”.

Textual Amendments

F14 Reg. 22(a) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(8)

Commencement Information

I22 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

23.  Omit Article 8.

Commencement Information

I23 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

24.  After Article 12, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I24 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) 579/2014 U.K.

25.  Regulation (EU) 579/2014 granting derogation from certain provisions of Annex 2 to Regulation (EC) 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea is amended as follows.

Commencement Information

I25 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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

Commencement Information

I26 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation (EU) 2017/2158 U.K.

27.  Regulation (EU) 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food is amended as follows.

Commencement Information

I27 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[F15 28.   In Article 1, omit “Union”.]

Textual Amendments

F15 Reg. 28 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(9)

Commencement Information

I28 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

29.  In Article 3, after paragraph (2), insert—

“(3) “competent authority” means the central authority competent to ensure compliance with the requirements of this Regulation or any other authority to which that central authority has delegated competence;

(4) “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;

(d) F16 . . . . . . . . . . . . . . . . . . . . . . ”.

Textual Amendments

F16 Words in reg. 29 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 11(10)

Commencement Information

I29 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

30.  In Article 5—

(a) in the first paragraph, for “Commission”, substitute “ appropriate authority ”;

(b) in the second paragraph, omit “from the Authority's database related to the review period and provided to the Authority's database by competent authorities and food business operators”.

Commencement Information

I30 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

31.  After Article 6, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I31 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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

Steve Brine

Parliamentary Under-Secretary of State,

Department of Health and Social Care

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 UK from the European Union. In particular, the Regulations address the deficiency specified in section 8(2)(b) of that Act, namely the conferral of functions by retained EU law on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom.

These Regulations make amendments to legislation in the field of food and, in particular, amend legislation relating to general hygiene rules for food of animal origin. Part 2 amends retained direct EU legislation for the whole 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.