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1. These Regulations may be cited as the Animal Feed (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
Commencement Information
I1Reg. 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
2. In these Regulations—
“Regulation 1831/2003” means Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition;
“Regulation 183/2005” means Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene;
“Regulation 378/2005” means Commission Regulation (EC) No. 378/2005 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the duties and tasks of the Community Reference Laboratory concerning applications for authorisations of feed additives;
“Regulation 429/2008” means Commission Regulation (EC) No. 429/2008 on detailed rules for the implementation of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council as regards the preparation and the presentation of applications and the assessment and the authorisation of feed additives;
“Regulation 152/2009” means Commission Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed;
“Regulation 767/2009” means Regulation (EC) No. 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No. 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC;
“Regulation 892/2010” means Commission Regulation (EU) No. 892/2010 on the status of certain products with regard to feed additives within the scope of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council;
“Regulation 619/2011” means Commission Regulation (EU) No. 619/2011 laying down the methods of sampling and analysis for the official control of feed as regards presence of genetically modified material for which an authorisation procedure is pending or the authorisation of which has expired;
“Regulation 68/2013” means Commission Regulation (EU) No. 68/2013 on the Catalogue of feed materials;
“Regulation 2015/786” means Commission Regulation (EU) 2015/786 defining acceptability criteria for detoxification processes applied to products intended for animal feed as provided for in Directive 2002/32/EC of the European Parliament and of the Council;
“Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No 999/2001, (EC) No 396/2005, (EC) No 1069/2009, (EC) No 1107/2009, (EU) No 1151/2012, (EU) No 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No 1/2005 and (EC) No 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation).
[F1”Regulation 2020/354” means Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC.]
Textual Amendments
F1Words in reg. 2 inserted (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), 12(2)
Commencement Information
I2Reg. 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. The Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 M1 are amended as follows.
Commencement Information
I3Reg. 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
Marginal Citations
4. In regulation 7(2)—
(a)in paragraph (2)(a), omit “(requirement that products in relation to which the Commission has adopted a measure under this Article must be withdrawn from the market)”;
(b)in paragraph (2)(c), omit “(requirement that an authorisation holder inform the Commission of any new scientific or technical information about a product which might affect the evaluation of the safety of its use in feed, or of any prohibition or restriction on the feed in a third country)”.
Commencement Information
I4Reg. 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
5. In regulation 10(2)(d), for “Commission”, substitute “ Food Safety Authority ”.
Commencement Information
I5Reg. 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 regulation 13(2)—
(a)omit sub-paragraph (a);
(b)in sub-paragraph (b), for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I6Reg. 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. For Schedule 1, substitute the Schedule set out in the Schedule to these Regulations.
Commencement Information
I7
8. Regulation 1831/2003 is amended as follows.
Commencement Information
I8Reg. 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 1—
(a)omit “Community”;
(b)omit “internal”.
Commencement Information
I9Reg. 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. In Article 2—
(a)in paragraph 2—
(i)at point (l), for “Community”, substitute “ appropriate authority ”;
[F2(ii)after point (n) insert—
“(o)“third country” means any country or territory other than the British Islands;
(p)“prescribe” means prescribe by regulations;
(q)“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;
(r)“Food Safety Authority” means—
(i)as regards England and Wales, the Food Standards Agency;
(ii)as regards Scotland, Food Standards Scotland;
(s)“reference laboratory” means a laboratory designated by the appropriate authority under Article 100 of Regulation 2017/625.”.]
(b)omit paragraph 3.
Textual Amendments
F2Reg. 10(a)(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), 12(3)
Commencement Information
I10Reg. 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. In Article 3—
(a)at paragraph 2—
(i)for “Member States”, substitute “ the appropriate authority ”;
(ii)omit “at Community level”;
(b)at paragraph 3, omit “Community”;
(c)for paragraph 5, substitute—
“5. Where necessary, as a result of technological progress or scientific development, the appropriate authority may prescribe changes to the general conditions set out in Annex 4.”.
Commencement Information
I11Reg. 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 4, omit paragraph 3.
Commencement Information
I12Reg. 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 6, for paragraph 3, substitute—
“3. Where necessary, as a result of technological progress or scientific development, the appropriate authority may prescribe additional feed additive categories and functional groups.”.
Commencement Information
I13Reg. 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
14. For Article 7, substitute—
1. An application for an authorisation as provided for in Article 4 must be sent to the appropriate authority. The appropriate authority must without delay forward the application to the Food Safety Authority.
2. The Food Safety Authority must—
(a)acknowledge receipt of the application, including the particulars and documents referred to in paragraph 3, in writing, to the applicant within 15 days of its receipt, stating the date of receipt;
(b)make any information supplied by the applicant available to the appropriate authority;
(c)make the summary of the dossier mentioned in paragraph 3(h) available to the public, subject to the confidentiality requirements laid down in Article 18(2).
3. At the time of application, the applicant must send the following particulars and documents directly to the Food Safety Authority—
(a)the applicant's name and address;
(b)the identification of the feed additive, a proposal for its classification by category and functional group under Article 6, and its specifications, including, where applicable, purity criteria;
(c)a description of the method of production, manufacturing and intended uses of the feed additive, of the method of analysis of the additive in feed according to its intended use and, where appropriate, of the method of analysis for the determination of the level of residues of the feed additive, or its metabolites, in food;
(d)a copy of the studies which have been carried out and any other material which is available to demonstrate that the feed additive satisfies the criteria laid down in Article 5(2) and (3);
(e)proposed conditions for placing the feed additive on the market, including labelling requirements and, where appropriate, specific conditions for use and handling (including known incompatibilities), use levels in complementary feedingstuffs and animal species and categories for which the feed additive is intended;
(f)a written statement that three samples of the feed additive have been sent by the applicant directly to the reference laboratory referred to in Article 21, in accordance with the requirements set out in Annex 2;
(g)for additives which, according to the proposal under point (b), do not belong to either category (a) or category (b) referred to in Article 6(1), and for additives falling within the scope of retained EU law relating to the marketing of products consisting of, containing or produced from GMOs, a proposal for post-market monitoring;
(h)a summary containing the information provided under points (a) to (g);
(i)for additives falling within the scope of retained EU law relating to the marketing of products consisting of, containing or produced from GMOs, details of any authorisation granted in accordance with the applicable legislation.
4. The appropriate authority, having first consulted the Food Safety Authority, may prescribe rules for the application and implementation of this Article, including rules concerning the preparation and the presentation of the application. Until such rules are prescribed, the application must be submitted in accordance with retained EU law.
5. After the Food Safety Authority has been consulted, specific guidelines for the authorisation of additives may be established, where necessary for each category of additive referred to in Article 6(1). These guidelines must take account of the possibility of extrapolating the results of the studies carried out on major species to minor species.
6. Rules to allow for simplified provisions for the authorisation of additives which have been authorised for use in food may be prescribed by the appropriate authority.
7. Other implementing rules may be prescribed by the appropriate authority, which rules must, where appropriate, differentiate between requirements for feed additives in respect of food-producing animals and requirements in respect of other animals, in particular pets.
8. The Food Safety Authority must publish detailed guidance to assist the applicant in the preparation and the presentation of its application.”.
Commencement Information
I14Reg. 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. In Article 8—
(a)in each place in which it occurs (including the heading), for “Authority”, substitute “ Food Safety Authority ”;
(b)in paragraph 3(b), for “Community Reference Laboratory”, substitute “ reference laboratory ”;
(c)for paragraph 5, substitute—
“5. The Food Safety Authority must without delay forward its opinion to the appropriate authority including a report describing its assessment of the feed additive and stating the reasons for its conclusion.”.
Commencement Information
I15Reg. 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 the heading to Article 9, omit “by the Community”.
Commencement Information
I16Reg. 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. For Article 9, substitute—
1. Within three months of receipt of the opinion of the Food Safety Authority, the appropriate authority must determine whether to authorise the feed additive and the conditions upon which the feed additive is authorised. In making its determination, the appropriate authority must take into account the requirements of Article 5(2) and (3), retained EU law and other legitimate factors relevant to the matter under consideration and in particular benefits for animal health and welfare and for the consumer of animal products. The authorisation is to be in a form prescribed by the appropriate authority. Where the authorisation is not in accordance with the opinion of the Food Safety Authority, the appropriate authority must provide an explanation of the reasons for the differences. Where, in the opinion of the appropriate authority, the application raises exceptionally complex issues, the three-month deadline may be extended.
2. Rules for the implementation of this Article and in particular concerning an identification number for authorised additives may be prescribed by the appropriate authority.
3. The appropriate authority must without delay inform the applicant of the determination made in accordance with paragraph 1.
4. An authorisation must include the elements mentioned in Article 8(4)(b), (c), (d) and (e) and an identification number.
5. An authorisation for additives belonging to categories (d) and (e) referred to in Article 6(1) and also for additives consisting of, containing or produced from GMOs, must include the name of the holder of the authorisation, and, where appropriate, the unique identifier attributed to the GMO as referred to in Regulation (EC) No 1830/2003 of the European Parliament and of the Council concerning traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.
6. Where the levels of residues of an additive in food from animals fed with that additive might have a detrimental effect on human health, the authorisation must include MRLs for the active substance or for its metabolites in the relevant foodstuffs of animal origin. In this case the active substance must be considered for the purposes of Council Directive 96/23/EC as falling under Annex 1 to that Directive. Where an MRL for the substance concerned has already been established in retained EU law, that MRL must also apply to residues of the active substance or its metabolites originating from the use of the substance as a feed additive.
7. The authorisation is valid for 10 years and is renewable in accordance with Article 14. The authorised feed additive must be entered in the Register of Feed Additives referred to in Article 17 (the Register). Each entry in the Register must state the date of authorisation and must include the particulars referred to in paragraphs 4, 5 and 6.”.
Commencement Information
I17Reg. 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 Article 10—
(a)for paragraph 5, substitute—
“5. Where the notification and accompanying particulars referred to in paragraph 1(a) are not supplied within the period specified or are found to be incorrect, or where an application is not submitted as required by paragraph 2 within the period specified, the appropriate authority may prescribe that—
(a)the additives concerned must be withdrawn from the market;
(b)that, for a limited period of time, existing stocks of the product may remain, or continue to be placed, on the market.”;
(b)in paragraph 6, in both places in which it occurs, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I18Reg. 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. Omit Article 11.
Commencement Information
I19Reg. 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
20. For Article 12, substitute—
1. After an additive has been authorised in accordance with this Regulation, any person using or placing on the market that substance, or a feedingstuff into which it has been incorporated, or any other interested party must comply with any conditions or restrictions which have been imposed on the placing on the market, use and handling of the additive or feedingstuffs containing it.
2. Where monitoring requirements, as referred to in Article 8(4)(c), have been imposed, the holder of the authorisation must ensure that monitoring is carried out and must submit reports to the appropriate authority in accordance with the authorisation. The holder of the authorisation must immediately communicate to the Food Safety Authority any new information that might influence the evaluation of the safety in use of the feed additive, in particular health sensitivities of specific categories of consumers. The holder of the authorisation must immediately inform the Food Safety Authority of any prohibition or restriction imposed by the competent authority of any third country in which the feed additive is placed on the market.”.
Commencement Information
I20Reg. 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. For Article 13, substitute—
1. On its own initiative or following a request from the appropriate authority, the Food Safety Authority must issue an opinion on whether an authorisation still meets the conditions set out by this Regulation. The Food Safety Authority must immediately transmit this opinion to the appropriate authority and, where applicable, to the holder of the authorisation. The opinion must be made public.
2. The appropriate authority must examine the opinion of the Food Safety Authority without delay. The appropriate authority must, in light of the opinion of the Food Safety Authority, determine whether to modify, suspend or revoke the authorisation.
3. If the holder of the authorisation proposes changing the terms of the authorisation by submitting an application to the appropriate authority, accompanied by the relevant data supporting the request for the change, the Food Safety Authority must transmit its opinion on the proposal to the appropriate authority. The appropriate authority must, in light of the opinion of the Food Safety Authority, determine whether to modify, suspend or revoke the authorisation.
4. The appropriate authority must, without delay—
(a)inform the applicant of any determination the appropriate authority makes under this Article;
(b)invite the Food Safety Authority to amend the Register where appropriate.
5. Articles 7(1) and (2), 8 and 9 apply accordingly.
6. The terms of any modification, suspension or revocation must be in a form prescribed by the appropriate authority.”.
Commencement Information
I21Reg. 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. For Article 14, substitute—
1. Authorisations under this Regulation are renewable for 10 year periods. An application for renewal must be sent to the appropriate authority at the latest one year before the expiry date of the authorisation. In the case of authorisations not issued to a specific holder, any person who first places the additive on the market or any other interested party may submit the application to the appropriate authority and must be considered as the applicant. In the case of authorisations issued to a specific holder, the holder of the authorisation or the holder's legal successor may submit the application to the appropriate authority and is deemed to be the applicant.
2. At the time of application, the applicant must send the following particulars and documents directly to the Food Safety Authority—
(a)a copy of the authorisation for placing the feed additive on the market;
(b)a report on the results of the post-market monitoring, if such monitoring requirements are included in the authorisation;
(c)any other new information which has become available with regard to the evaluation of the safety in use of the feed additive and the risks of the feed additive to animals, humans or the environment;
(d)where appropriate, a proposal for amending or supplementing the conditions of the original authorisation, including, among other things, the conditions concerning future monitoring.
3. Articles 7(1), (2), (4) ,(5), (6) and (7), 8 and 9 apply accordingly.
4. Where, for reasons beyond the control of the applicant, no decision is taken on the renewal of an authorisation before its expiry date, the period of authorisation of the product is automatically extended until the appropriate authority makes a determination. Information on this extension of the authorisation must be made available to the public in the Register.”.
Commencement Information
I22Reg. 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. For Article 15, substitute—
In specific cases where urgent authorisation is needed to ensure the protection of animal welfare, the appropriate authority may provisionally authorise the use of an additive for a maximum period of five years. The authorisation is to be in a form prescribed by the appropriate authority.”.
Commencement Information
I23Reg. 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. In Article 16—
(a)in paragraph 1—
[F3(i)for “the Community” substitute “ Great Britain ”;]
(ii)for “at least the national language or languages of the Member State in which it is marketed,”, substitute “ English or in English and Welsh ”;
(b)for paragraph 6, substitute—
“6. The appropriate authority may prescribe amendments to Annex 3 to take technological progress and scientific development into account.”.
Textual Amendments
F3Reg. 24(a)(i) 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), 12(4)
Commencement Information
I24Reg. 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
25. In Article 17—
(a)in the heading, omit “Community”;
(b)for paragraph 1, substitute—
“1. The Food Safety Authority must establish and keep up to date a Register of Feed Additives.”.
Commencement Information
I25Reg. 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. In Article 18—
(a)in paragraph 2, for “Commission”, substitute “ appropriate authority ”;
(b)for paragraph 4, substitute—
“4. The Food Safety Authority must, on request, supply the appropriate authority with all information in its possession, including any identified as confidential pursuant to paragraph 2.”;
(c)omit paragraph 5;
(d)for paragraph 6, substitute—
“6. The appropriate authority and the Food Safety Authority must keep confidential all the information identified as confidential under paragraph 2 except where it is appropriate for such information to be made public in order to protect human health, animal health or the environment.”;
(e)in paragraph 7—
(i)for “Member States, the Commission and the Authority shall”, substitute “ appropriate authority and the Food Safety Authority must ”;
(ii)for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I26Reg. 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
27. Insert a new Article 18A—
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;
F4(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 M2 (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); and
(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. [F5Any statutory instrument or Scottish statutory instrument] containing regulations made 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 [F6Senedd Cymru];
(c)in the case of Scotland, of the Scottish Parliament;
F7(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;
F8(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F4Words in reg. 27 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), 12(5)(a)
F5Words in reg. 27 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), 12(5)(b)(i)
F6Words in reg. 27 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), 12(5)(b)(ii)
F7Words in reg. 27 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), 12(5)(b)(iii)
F8Words in reg. 27 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), 12(5)(c)
Commencement Information
I27Reg. 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
Marginal Citations
28. In Article 19—
(a)in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;
(b)in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”;
(c)in the first subparagraph, omit “a Member State or from”.
Commencement Information
I28Reg. 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 20—
(a)in paragraph 3, for “Commission”, substitute “ appropriate authority ”;
(b)in paragraph 4, for “Authority”, substitute “ Food Safety Authority ”.
Commencement Information
I29Reg. 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. For Article 21, substitute—
1. The duties and tasks of the reference laboratory are laid down in Annex 2.
2. Applicants for the authorisation of additives must contribute to supporting the cost of the duties and tasks of the reference laboratory.
3. The appropriate authority may prescribe rules for implementing Annex 2.
4. The appropriate authority may prescribe amendments to Annex 2.”.
Commencement Information
I30Reg. 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
[F930A. Omit Article 21a.]
Textual Amendments
F9Reg. 30A inserted (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), 12(6)
Commencement Information
I31Reg. 30A 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. Omit Articles 22 and 24.
Commencement Information
I32Reg. 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
32. After Article 26, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I33Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
33. In Annex 2—
(a)in the heading, omit “Community”;
(b)omit point 1;
(c)in point 2, in the opening words—
(i)omit “For the duties and tasks set out in this Annex, the CRL may be assisted by a consortium of national reference laboratories.”;
(ii)for “CRL”, substitute “reference laboratory;
(d)in point 2.2—
(i)for “Authority”, substitute “ Food Safety Authority ”;
(ii)for “and (5)”, substitute “ , (6), and (7) ”;
(iii)for “7(6)”, substitute “ 7(8) ”;
(e)in point 2.3, for “Authority”, substitute “ Food Safety Authority ”;
(f)in point 3, for “CRL shall be”, substitute “ reference laboratory is ”;
(g)in point 4—
(i)for “CRL shall”, substitute “ reference laboratory must ”;
(ii)for “Commission”, substitute “ appropriate authority ”;
(iii)for “Member States”, substitute “ there are reasonable grounds to ”;
(h)in point 5—
(i)for “Commission”, substitute “ appropriate authority ”;
(ii)for “CRL”, substitute “ reference laboratory ”;
(i)omit point 6;
(j)in point 7—
(i)for “Community reference laboratories”, substitute “ reference laboratory ”;
(ii)for “CRL”, substitute “ reference laboratory ”;
(iii)omit “official control laboratories from Members States and”.
Commencement Information
I34Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
34. Regulation 183/2005 is amended as follows.
Commencement Information
I35Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
35. Omit Article 2(3).
Commencement Information
I36Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
36. In Article 3—
(a)in point (e), omit “of a Member State or of a third country”;
[F10(b)after point (f) insert—
“(g)“third country” means any country or territory other than the British Islands;
(h)“appropriate authority” means—
(i)in relation to England, the Secretary of State;
(ii)in relation to Wales, the Welsh Ministers;
(iiii)in relation to Scotland, the Scottish Ministers;
(i)“Food Safety Authority” means—
(i)as regards England and Wales, the Food Standards Agency;
(ii)as regards Scotland, Food Standards Scotland;
(j)“prescribe” means prescribe by regulations”.]
Textual Amendments
F10Reg. 36(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), 12(7)
Commencement Information
I37Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
37. For Article 4(1), substitute—
“1. Feed business operators must ensure that all stages of production, processing and distribution under their control are carried out in accordance with relevant hygiene requirements laid down in retained EU law.”.
Commencement Information
I38Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
38. For Article 5(3), substitute—
“3. Feed business operators must:
(a)comply with specific microbiological criteria;
(b)take measures or adopt procedures necessary to meet specific targets.
The criteria and targets referred to in points (a) and (b) may be prescribed by the appropriate authority.”.
Commencement Information
I39Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
39. In Article 6
(a)in paragraph 4, omit “, developed in accordance with Article 20”;
(b)for paragraph 5, substitute—
“5. Measures to facilitate the implementation of this Article, including for small businesses, may be prescribed by the appropriate authority.”.
Commencement Information
I40Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
40. For Article 7(3), substitute—
“3. Detailed arrangements for the implementation of this Article may be prescribed by the appropriate authority. Such arrangements may facilitate certain feed business operators' implementation of HACCP principles developed in accordance with Chapter 3, with a view to complying with the requirements of Article 6(1).”.
Commencement Information
I41Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
41. Omit Article 8.
Commencement Information
I42Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
42. For Article 9(1), substitute—
“1. Feed business operators must cooperate with the competent authorities as regards matters related to compliance with retained EU law.”.
Commencement Information
I43Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
43. In Article 10—
(a)omit paragraph (2);
(b)for paragraph 3, substitute—
“(3) approval is required under measures prescribed by the appropriate authority, which measures must be designed to amend non-essential elements of this Regulation by supplementing it.”.
Commencement Information
I44Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
44. Omit Article 12.
Commencement Information
I45Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
45. For Article 17, substitute—
1. Competent authorities are exempted from the obligation to carry out on site visits, as provided for in Article 13, of feed businesses which act solely as traders, without holding the products on their premises.
2. Such feed businesses must submit to the competent authority a declaration, in a form decided upon by the competent authority, to the effect that the feeds placed on the market by them comply with the conditions of this Regulation.”.
Commencement Information
I46Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
46. In Article 19—
(a)In each place in which it appears, for “Member States”, substitute “ competent authorities ”;
(b)omit paragraph 6.
Commencement Information
I47Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
47. Omit Article 20.
Commencement Information
I48Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
48. In Article 21—
(a)for paragraphs (1) and (2), substitute—
“1. When guides to good practice are developed, they must be developed and disseminated by feed business sectors:
(a)in consultation with representatives of parties whose interests may be substantially affected, such as competent authorities and user groups;
(b)having regard to relevant codes of practice of the Codex Alimentarius; and
(c)when they concern primary production of feed, having regard to the requirements set out in Annex 1.
2. The Food Safety Authority must assess guides to ensure that:
(a)they have been developed in accordance with paragraph 1;
(b)their contents are practicable for the sectors to which they refer; and
(c)they are suitable as guides for compliance with Articles 4, 5 and 6, in the sectors and for the feeds concerned.”;
(b)omit paragraphs 3 and 4.
Commencement Information
I49Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
49. Omit Article 22.
Commencement Information
I50Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
50. For Article 23, substitute—
1. Feed business operators importing feed [F11into Great Britain from a third country] must ensure that importation takes place only in accordance with the following conditions—
(a)the country of dispatch appears on a list of countries from which imports of feed are permitted;
(b)the establishment of dispatch appears on a list of establishments from which imports of feed are permitted;
(c)the feed was produced by the establishment of dispatch or by another establishment appearing on the list referred to in point (b) or in [F12Great Britain]; and
(d)the feed satisfies—
(i)the requirements laid down in this Regulation;
(ii)those conditions recognised by the appropriate authority to be at least equivalent to those requirements;
(iii)where a specific agreement between the United Kingdom and the exporting country exists, the requirements contained in that agreement.
2. A model import certificate may be prescribed by the appropriate authority.”.
Textual Amendments
F11Words in reg. 50 inserted (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), 12(8)(a)
F12Words in reg. 50 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), 12(8)(b)
Commencement Information
I51Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
[F1350A. At the end of Article 24, add “ (reading Article 6 of Directive 98/51/EC as if the requirement imposed on the Member States were a requirement imposed on the appropriate authority and as if references to the Community were references to Great Britain) ”.]
Textual Amendments
F13Reg. 50A inserted (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), 12(9)
Commencement Information
I52Reg. 50A in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
[F1451. In Article 25, for “the Community” substitute “ Great Britain ”.]
Textual Amendments
F14Reg. 51 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), 12(10)
Commencement Information
I53Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
52. Omit Article 26.
Commencement Information
I54Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
53. For Article 27, substitute—
The appropriate authority may prescribe amendments of Annexes 1, 2 and 3 to take account of—
(a)the development of codes of good practice;
(b)the experience gained from the implementation of HACCP-based systems pursuant to Article 6;
(c)technological developments;
(d)scientific advice, particularly new risk assessments;
(e)the setting of feed safety targets; and
(f)the development of requirements relating to specific operations.”.
Commencement Information
I55Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
54. For Article 28, substitute—
Derogations from Annexes 1, 2 and 3 may be prescribed by the appropriate authority for particular reasons, provided that such derogations do not affect the achievement of the objectives of this Regulation.”.
Commencement Information
I56Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
55. Omit Articles 29, 30 [F15, 30a] and 31.
Textual Amendments
F15Word in reg. 55 inserted (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), 12(11)
Commencement Information
I57Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
56. Insert a new Article 31A—
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;
F16(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 M3 (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); and
(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. [F17Any statutory instrument or Scottish statutory instrument] containing regulations made 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 [F18Senedd Cymru];
(c)in the case of Scotland, of the Scottish Parliament;
F19(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;
F20(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F16Words in reg. 56 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), 12(12)(a)
F17Words in reg. 56 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), 12(12)(b)(i)
F18Words in reg. 56 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), 12(12)(b)(ii)
F19Words in reg. 56 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), 12(12)(b)(iii)
F20Words in reg. 56 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), 12(12)(c)
Commencement Information
I58Reg. 56 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
57. In the heading to Article 32, omit “European”.
Commencement Information
I59Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
58. For Article 32, substitute—
The appropriate authority must consult the Food Safety Authority on any matter, falling within the scope of this Regulation, that could have a significant impact on public health and, in particular, before proposing criteria or targets in accordance with Article 5(3).”.
Commencement Information
I60Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
59. After Article 34, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I61Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
60. In Annex 1—
(a)in Part A, at point 3, for “Community and national legislative provisions”, substitute “ retained EU law and any other enactment ”;
(b)in Part B—
(i)in point 1, omit “national and Community”;
(ii)in point 2, for “Community and national legislation or in Community and national programmes”, substitute “ retained EU law and any other enactment ”.
Commencement Information
I62Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
61. In Annex 2—
(a)in the part of the Annex headed “facilities and equipment”, for point 10, substitute—
“10. Establishments carrying out one or more of the following activities to place on the market products for use in feed are subject to approval by the appropriate authority in such a manner as the appropriate authority may prescribe—
(a)processing of crude vegetable oil except those under the scope of Regulation (EC) No 852/2004;
(b)oleochemical manufacturing of fatty acids;
(c)manufacturing of biodiesel;
(d)fat blending.”;
(b)in the part of the Annex headed “dioxin monitoring for oils, fats and derived products”—
(i)in point 2(c)(i), at the third indent, for “EU approved”, substitute “ approved under retained EU law ”;
(ii)in point 7 —
(aa)for the first paragraph, substitute—
“Where a feed business operator mandates a laboratory to perform an analysis, as referred to in point 1 the feed business operator must instruct the laboratory to communicate the results of that analysis to the competent authority in case the dioxin limits set out in points 1 and 2 of Section 5 of Annex 1 to Directive 2002/32/EC are exceeded.”;
(bb)omit the second paragraph;
(cc)in the third paragraph, omit “of the Member State where they are located”.
Commencement Information
I63Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
62. In Annex 5, in Chapter 2—
[F21(a)for point 2, substitute—
“2. The ISO code of the country where the feed business is located;”;]
(b)in point 3, omit “national”.
Textual Amendments
F21Reg. 62(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), 12(13)
Commencement Information
I64Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
63. Regulation 378/2005 is amended as follows.
Commencement Information
I65Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
64. For Article 1, substitute—
This Regulation lays down detailed rules for the implementation of Regulation (EC) No 1831/2003 as regards the duties and tasks of the reference laboratory.”.
Commencement Information
I66Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
65. In Article 3—
(a)in each place it which it occurs, for “CRL”, substitute “ reference laboratory ”;
(b)in subparagraph 1(a), in the third indent, for “Community legislation”, substitute “ retained EU law ”.
Commencement Information
I67Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
66. In Article 4—
(a)in each place it which it occurs, for “CRL”, substitute “ reference laboratory ”;
(b)for paragraph 3, substitute—
“3. The appropriate authority may, once a year, prescribe adaptations in the amount of the fee mentioned in paragraph 1. The adaptation shall take into account the experience gained during the operation of this Regulation and in particular the possibility of fixing different fees for different types of applications.”;
(c)after paragraph 3, insert—
“4. In this Regulation, any rates, fees or charges denominated in euro (“EUR”) are to be read as converted into pounds sterling (“GBP”) using an exchange rate of GBP1 = EUR1.1413.
5. Any power to make regulations under this Article—
(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;
F22(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6. For regulations made under this Article by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M4 (Scottish statutory instruments).
7. Any power to make regulations under this Article 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); and
(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.
8. [F23Any statutory instrument or Scottish statutory instrument] containing regulations made under this Article 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 [F24Senedd Cymru];
(c)in the case of Scotland, of the Scottish Parliament;
F25(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9. In this Article, 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;
F26(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F22Words in reg. 66(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), 12(14)(a)
F23Words in reg. 66(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), 12(14)(b)(i)
F24Words in reg. 66(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), 12(14)(b)(ii)
F25Words in reg. 66(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), 12(14)(b)(iii)
F26Words in reg. 66(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), 12(14)(c)
Commencement Information
I68Reg. 66 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
67. In Article 5—
(a)in each place in which it occurs (including the heading), for “CRL”, substitute “ reference laboratory ”;
(b)in paragraph 1, in the opening words, for “European Food Safety Authority (the Authority)”, substitute “ Food Safety Authority ”;
(c)in each place in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;
(d)in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I69Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
68. In the heading to Chapter 2, omit “National”.
Commencement Information
I70Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
69. In Article 6—
(a)in the heading, omit “National”;
(b)for paragraph 1, substitute—
“1. The reference laboratory is to be assisted by a consortium of national laboratories for the duties and tasks set out in 2.2, 2.4 and 3 of Annex 2 to Regulation (EC) No. 1831/2003.”;
(c)in paragraph 2, omit “The laboratories listed in Annex II are hereby appointed national reference laboratories to take part in the consortium.”;
(d)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(e)omit paragraph 4.
Commencement Information
I71Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
70. Omit Articles 7 and 8.
Commencement Information
I72Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
71. For Article 9, substitute—
1. The laboratories participating in the consortium are responsible for assisting the reference laboratory in the preparation of evaluation reports by sending comments to the reference laboratory within 20 days of the reception of the initial report.
2. Each laboratory must communicate to the reference laboratory by 30 January each year an estimate of the number of applications for which the laboratory considers itself able to carry out the tasks for that year. The reference laboratory must make available annually to all the laboratories a compilation of the estimates provided.”.
Commencement Information
I73Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
72. In Article 10—
(a)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(b)in both places in which it occurs, for “Authority” substitute “ Food Safety Authority ”;
(c)in subparagraph 1, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I74Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
73. In Article 11—
(a)in both places in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(b)for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I75Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
74. In Article 12, in both places in which it occurs, for “CRL”, substitute “ reference laboratory ”.
Commencement Information
I76Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
75. After Article 14, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I77Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
76. In Annex 1, omit point (a).
Commencement Information
I78Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
77. Omit Annex 2.
Commencement Information
I79Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
78. In Annex 4—
(a)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(b)in point 2, for “Rapporteur Laboratory for”, substitute “ laboratory which performs ”.
Commencement Information
I80Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
79. Regulation 429/2008 is amended as follows.
Commencement Information
I81Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
80. In Article 2(2), for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I82Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
81. After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I83Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
82. In Annex 1—
(a)in point 1—
(i)for “European Commission health and consumer protection Directorate-general”, substitute “ The appropriate authority ”;
(ii)for “The Applicant(s) and/or his/their Representative(s) in the Community (Article 4(3) of Regulation (EC) No 1831/ 2003), under the conditions required in Article 7(3)(a) of Regulation (EC) No 1831/2003 (name, address….)”, substitute “ The Applicant (name, address…) ”;
(b)in point 1.3, for “Community Reference Laboratory (CRL)”, substitute “ reference laboratory ”;
(c)in point 1.4—
(i)for “Authority”, substitute “ Food Safety Authority ”;
(ii)for “CRL”, substitute “ reference laboratory ”;
(d)in point 1.5—
(i)in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;
(ii)for “Commission”, substitute “ appropriate authority ”;
(iii)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(iv)at the end, in the wording which begins “Complete the parts” and ends “European Commission”, for “European Commission”, substitute “ appropriate authority ”;
(e)in point 2(2), for “Commission, Authority and CRL”, substitute “ appropriate authority, Food Safety Authority and reference laboratory ”.
Commencement Information
I84Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
83. In Annex 2—
(a)in the part of the Annex headed “General Aspects”,
(i)in the fifth paragraph (which begins with the words “The dossier”)—
(aa)omit “European”;
(bb)for “following the legislation in force in the Community”, substitute “ under retained EU law ”;
[F27(ii)in the seventh paragraph (which begins with the words “Where in vivo”), for “the Community” substitute “Great Britain”;]
(b)in Section 1, in point 1.1.2(f), for “Community Legislation”, substitute “ retained EU law ”;
(c)in Section 2—
(i)in point 2.1.3, in the sixth paragraph (which begins with the words “Without prejudice”), for “Authority”, substitute “ Food Safety Authority ”;
(ii)in point 2.1.4, in the third paragraph (which begins with the words “Specific requirements”), for “existing Community legislation”, substitute “ retained EU law ”;
[F28(iii)in point 2.1.4.1, for “European Community food additive authorisations” substitute “food additive authorisations in Great Britain”;]
[F29(iv)in point 2.1.4.2, in the second paragraph (which begins with the words “For feed additives”), for “the European Community” substitute “Great Britain”;]
[F30(v)in point 2.2.1.2, in the second paragraph (which begins with the words “For micro-organisms), for “the European Union” substitute “Great Britain”;]
(vi)in point 2.6—
(aa)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(bb)in the fourth paragraph (which begins with the words “Analytical methods”), for “Commission”, substitute “ appropriate authority ”;
(cc)in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;
(vii)in point 2.6.1.1., in the first indent, for “Community rules (e.g. Community methods of analysis)” substitute “ retained EU law ”;
(viii)in point 2.6.1.3, omit the words from “For reasons of independence” to “evaluation of the application”;
(ix)in point 2.6.1.4—
(aa)for “CRL”, substitute “ reference laboratory ”;
(bb)for “Authority”, substitute “ Food Safety Authority ”;
(x)in point 2.6.1.5, for “CRL”, substitute “ reference laboratory ”;
(xi)in point 2.6.2.3—
(aa)omit the words from “For reasons of independence” to “evaluation of the application”;
(bb)in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;
(xii)in point 2.6.3—
(aa)for “Authority”, substitute “ Food Safety Authority ”;
(bb)for “Commission”, substitute “ appropriate authority ”;
(xiii)in point 2.6.2.4—
(aa)for “CRL”, substitute “ reference laboratory ”;
(bb)for “Authority”, substitute “ Food Safety Authority ”;
(xiv)in point 2.6.2.5, for “CRL”, substitute “ reference laboratory ”;
(d)in Section 3—
(i)in point 3.2.1, in the second paragraph (which begins with the words “Studies must be carried out”)—
(aa)for “European legislation in force”, substitute “ retained EU law ”;
(bb)for “European Community legislation”, substitute “ retained EU law ”;
(ii)in point 3.2.2, in the final subparagraph, in both places in which it occurs, for “European legislation”, substitute “ retained EU law ”;
[F31(iii)in point 3.2.3.3, in the final paragraph (which begins with the words “In certain situations”) for “Community data” substitute “data in Great Britain”;]
[F32(iv)in point 3.2.3.4—
(aa)in the first paragraph, for “the Community” substitute “ Great Britain ”;
(bb)in the fourth paragraph (which begins with the words “Studies concerning”), omit the bracketed wording;]
(e)in Section 4—
[F33(i)in the first paragraph (which begins with the words “Studies shall demonstrate”) for “the EU” substitute “Great Britain”;]
(ii)in point 4.4, in the second paragraph (which begins with the words “Efficacy trials”), for “European Union”, substitute “[F34Great Britain]”;
(iii)in point 5, in the second paragraph (which begins with the words “The design”), for “Commission and the Authority”, substitute “ appropriate authority and the Food Safety Authority ”;
Textual Amendments
F27Reg. 83(a)(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), 12(15)(a)
F28Reg. 83(c)(iii) 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), 12(15)(b)(i)
F29Reg. 83(c)(iv) 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), 12(15)(b)(ii)
F30Reg. 83(c)(v) 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), 12(15)(b)(iii)
F31Reg. 83(d)(iii) 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), 12(15)(c)(i)
F32Reg. 83(d)(iv) 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), 12(15)(c)(ii)
F33Reg. 83(e)(i) 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), 12(15)(d)(i)
F34Words in reg. 83(e)(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), 12(15)(d)(ii)
Commencement Information
I85Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
84. In Annex 3—
[F35(a)in point 8.3, in the second paragraph (which begins with the words “For those additives”) for “ the European Union” substitute “ Great Britain ”;]
(b)in point 10.1, in the first paragraph (which begins with the words “The whole of”), omit “Community”.
Textual Amendments
F35Reg. 84(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), 12(16)
Commencement Information
I86Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
85. Regulation 152/2009 is amended as follows.
Commencement Information
I87Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
86. In Article 1, insert after the final paragraph, “ In this Regulation, “reference laboratory” means a reference laboratory prescribed by the appropriate authority under Regulation 2017/625. ”.
Commencement Information
I88Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
87. After Article 7, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I89Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
88. In Annex 1—
(a)in point 1, in the fourth paragraph—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU law ”;
(b)in point 3, in the fourth indent, for “Member States' rules as regards the right of the feed business operator”, substitute “ the right of the feed business operator to challenge the method of sampling. ”;
(c)in point 8.2.1, in the fourth paragraph—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU Law ”;
(d)in point 8.2.2, in the second paragraph—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU Law ”;
(e)in point 8.3—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU Law ”;
(f)in point 8.4.1—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU Law ”;
(g)in point 8.4.2.2—
(i)for “EU requirements”, substitute “ retained EU law ”;
(ii)for “the EU requirements”, substitute “ retained EU Law ”.
Commencement Information
I90Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
89. In Annex 5, in Part B—
(a)in Chapter 1—
(i)in point 2.1, for “the national rules shall apply”, substitute “ enactments other than EU-derived domestic legislation apply ”;
(ii)in point 2.2, for “the national rules shall apply”, substitute “ enactments other than EU-derived domestic legislation apply ”;
(b)in Chapter 2, in point 7.1.4, for “the Union legislation”, substitute “ retained EU law ”.
Commencement Information
I91Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
Prospective
F3690. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F36Reg. 90 omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 4(2)
91. In Annex 7, in point 4, in the first paragraph, omit “Community”.
Commencement Information
I92Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
92. Regulation 767/2009 is amended as follows.
Commencement Information
I93Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
93. In Article 1, omit “internal”.
Commencement Information
I94Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
94. In Article 2—
[F37(a)in paragraph 1, for “the Community” substitute “ Great Britain ”;]
(b)in paragraph 2, omit “Community”.
Textual Amendments
F37Reg. 94(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), 12(17)
Commencement Information
I95Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
[F3895. In Article 3(2)—
(a)in subparagraphs (c) and (f), at the end add “ or the United Kingdom ”.
(b)after subparagraph (u), insert—
“(v)“prescribe” means prescribe by regulations;
(w)“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;
(x)“Food Safety Authority” means—
(i)as regards England and Wales, the Food Standards Agency;
(ii)as regards Scotland, Food Standards Scotland.”.]
Textual Amendments
F38Reg. 95 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), 12(18)
Commencement Information
I96Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
96. In Article 4(2)(b), omit “Community”.
Commencement Information
I97Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
97. In Article 6, for paragraph 2, substitute—
“2. The appropriate authority may prescribe the list of materials whose placing on the market or use for animal nutritional purposes is restricted or prohibited taking into account in particular scientific evidence, technological developments F39... or F39... intelligence sharing systems or results of official controls pursuant to Regulation (EC) No 882/2004.”.
Textual Amendments
F39Words in reg. 97 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), 12(19)
Commencement Information
I98Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
98. For Article 7, substitute—
The appropriate authority may, where necessary, prescribe whether a certain product constitutes feed for the purposes of this Regulation.”.
Commencement Information
I99Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
99. For Article 10, substitute—
The appropriate authority may prescribe how the list of intended uses set out in Directive 2008/38/EC may be updated, to include—
(a)how an intended use is to be assessed;
(b)how the conditions of use should be determined;
(c)the procedure by which—
(i)an application for adding a new use may be made;
(ii)an amendment to a use or one or more of its conditions may be authorised; and
(iii)a use may be removed.”.
Commencement Information
I100Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
100. In Article 11, for paragraph 1(c), substitute—
“(c)as to the compliance of the labelling with the Catalogue of Feed Materials and the Codes referred to in Articles 24 and 25.”.
Commencement Information
I101Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
101. In Article 13—
(a)for paragraph 1(b), substitute—
“(b)the person responsible for the labelling provides, at the request of the competent authority, scientific substantiation of the claim, either by reference to publicly available scientific evidence or through documented company research. The scientific substantiation must be available at the time the feed is placed on the market. Purchasers must have the right to bring to the attention of the competent authority their doubts in respect of the truthfulness of the claim. Where the conclusion is reached that the claim is not sufficiently substantiated, the labelling in respect of such claim must be considered misleading for the purposes of Article 11. Where the competent authority has doubts regarding the scientific substantiation of the claim concerned, it may submit the issue to the appropriate authority.”;
(b)omit paragraph 4.
Commencement Information
I102Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
102. For Article 14, substitute—
1. The mandatory labelling particulars must be given in their entirety in a prominent place on the packaging, the container, on a label attached to it or on the accompanying document provided for in Article 11(2), in a conspicuous, clearly legible and indelible manner, in English or in English and Welsh.
2. The mandatory labelling particulars must be easily identifiable and must not be obscured by any other information. They must be displayed in a colour, font and size that does not obscure or emphasise any part of the information, unless such variation is to draw attention to precautionary statements.”.
Commencement Information
I103Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
103. In Article 16, for paragraph 1(b), substitute—
“(b)the compulsory declaration corresponding to the respective category as set out in the list in Annex 5; the compulsory declaration may be replaced by the particulars laid down in the Catalogue of Feed Materials referred to in Article 24 for each feed material in the respective category.”.
Commencement Information
I104Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
104. In Article 17, omit paragraph 4.
Commencement Information
I105Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
105. For Article 20, substitute—
1. In addition to the requirements laid down in Articles 15, 16, 17 and 18, feed which does not comply with the requirements set out in Annex 8, such as contaminated materials, must bear the labelling particulars laid down in that Annex.
2. The appropriate authority may prescribe amendments to Annex 8 in order to bring it into line with the development of standards.”.
Commencement Information
I106Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
106. In Article 21, for paragraph 8, substitute—
“8. The appropriate authority may derogate from the provisions of this Regulation in respect of of feed intended for animals kept for scientific or experimental purposes on condition that such purpose is clearly indicated on the label.”.
Commencement Information
I107Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
107. In Article 22, omit paragraph 2.
Commencement Information
I108Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
108. In the heading to Chapter 5, omit “Community” in both places in which it appears.
Commencement Information
I109Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
109. In the heading to Article 24, omit “Community”.
Commencement Information
I110Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
110. For Article 24, substitute—
1. A Catalogue of Feed Materials (the Catalogue) must be maintained by the appropriate authority. The Catalogue must include for each feed material listed at least the following particulars—
(a)the name;
(b)the identification number;
(c)a description of the feed material including information on the manufacturing process, if appropriate;
(d)particulars replacing the compulsory declaration for the purpose of Article 16(1)(b); and
(e)a glossary with the definition of the different processes and technical expressions mentioned.
2. Use of the Catalogue by the feed business operators is voluntary. However, the name of a feed material listed in the Catalogue may be used only on condition that all relevant provisions of the Catalogue are complied with.
3. The person who, for the first time, places on the market a feed material that is not listed in the Catalogue must immediately notify its use to the representatives of feed businesses in [F40Great Britain].
4. The appropriate authority may prescribe amendments to the Catalogue.”.
Textual Amendments
F40Words in reg. 110 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), 12(20)
Commencement Information
I111Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
111. In the heading to Article 25, omit “Community”.
Commencement Information
I112Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
112. For Article 25, substitute—
1. The Food Safety Authority is to develop Codes of good labelling practice (the Codes), one for pet food and one for compound feed for food producing animals, which may include a section concerning compound feed for fur animals.
2. The Codes must aim to improve the appropriateness of the labelling. They must, in particular, include provisions on the presentation of labelling particulars provided for in Article 14, on the voluntary labelling provided for in Article 22 and on the use of claims provided for in Article 13.
3. Use of the Codes by the feed business operators is voluntary. However, use of any of the Codes may be indicated on the labelling only on condition that all relevant provisions of such Code are complied with.”.
Commencement Information
I113Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
113. Omit Article 26.
Commencement Information
I114Reg. 113 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
114. For Article 27, substitute—
The appropriate authority may prescribe amendments to the Annexes in order to adapt them in light of scientific and technological developments.”.
Commencement Information
I115Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
115. Omit Article 28.
Commencement Information
I116Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
116. Insert a new Article 28A—
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;
F41(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. [F42Any 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 [F43Senedd Cymru];
(c)in the case of Scotland, of the Scottish Parliament;
F44(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;
F45(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.
Textual Amendments
F41Words in reg. 116 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), 12(21)(a)
F42Words in reg. 116 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), 12(21)(b)(i)
F43Words in reg. 116 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), 12(21)(b)(ii)
F44Words in reg. 116 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), 12(21)(b)(iii)
F45Words in reg. 116 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), 12(21)(c)
Commencement Information
I117Reg. 116 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
117. Omit Article 31.
Commencement Information
I118Reg. 117 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
118. After Article 33, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I119Reg. 118 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
119. In Annex 2, omit point 3.
Commencement Information
I120Reg. 119 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
120. In Annex 4, in Part A, at point (1), omit “at Union level”.
Commencement Information
I121Reg. 120 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
121. In Annex 8, in the heading, for “Community”, substitute “ retained EU ”.
Commencement Information
I122Reg. 121 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
122. Regulation 892/2010 is amended as follows.
Commencement Information
I123Reg. 122 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
123. After Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I124Reg. 123 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
124. Regulation 619/2011 is amended as follows.
Commencement Information
I125Reg. 124 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
125. In Article 1(1), insert a new subparagraph (4)—
“(4) “reference laboratory” means a laboratory prescribed by the appropriate authority under Regulation 2017/625.”.
Commencement Information
I126Reg. 125 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
126. In Article 2—
(a)for “EFSA”, substitute “ Food Safety Authority ”;
(b)in both places in which it occurs, for “European Union Reference Laboratory”, substitute “ reference laboratory ”.
Commencement Information
I127Reg. 126 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
127. In Article 3, in paragraph 1, for “Member States”, substitute “ the competent authority ”.
Commencement Information
I128Reg. 127 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
128. For Article 6, substitute—
1. Where results of analytical tests indicate the presence of GM material referred to in Article 2 are at or above the MRPL as defined in accordance with the rules of interpretation set out in Annex 2, Part B, the feed must be considered as non- compliant with Regulation (EC) No 1829/2003.
2. Where results of analytical tests indicate the presence of GM material referred to in Article 2 is below the MRPL as defined in accordance with the rules of interpretation set out in Annex 2, Part B, competent authorities must record this information and notify the Food Safety Authority and the appropriate authority by 30 June of each year. Recurrent findings over a period of time of 3 months must be notified without delay.”.
Commencement Information
I129Reg. 128 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
129. For Article 7, substitute—
The Food Safety Authority must publish the list of GM material complying with the conditions set out in Article 2 on its website. The list must include information as to the place where the certified reference material can be accessed as required by Article 17(3)(j) of Regulation (EC) No 1829/2003 and, if applicable, information on the measures taken by the appropriate authority and Food Safety Authority.”.
Commencement Information
I130Reg. 129 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
130. For Article 8, substitute—
The Food Safety Authority must monitor the application of this Regulation and its impact on feed, livestock and other operators, and, if necessary, advise the appropriate authority as regards amendments which might be made to this Regulation.”.
Commencement Information
I131Reg. 130 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
131. After Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I132Reg. 131 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
132. In Annex 2, Part B—
(a)in point 1—
(i)omit “European Union”;
(ii)omit “European”;
(b)in point 2, for “EU-RL” substitute “ reference laboratory ”.
Commencement Information
I133Reg. 132 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
133. Regulation 68/2013 is amended as follows.
Commencement Information
I134Reg. 133 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
134. After Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I135Reg. 134 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
135. In the Annex, in Part A—
(a)in point (2), for “the relevant legislation of the Union” substitute “ retained EU Law ”;
(b)in point (3), for “the EU food law”, substitute “ retained EU law ”.
Commencement Information
I136Reg. 135 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
136. Regulation 2015/786 is amended as follows.
Commencement Information
I137Reg. 136 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
[F46137. In Article 1, after paragraph 2 insert—
“3. The following definitions apply for the purpose of this Regulation—
(a)“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;
(b)“Food Safety Authority” means—
(i)as regards England and Wales, the Food Standards Agency;
(ii)as regards Scotland, Food Standards Scotland.”.]
Textual Amendments
F46Reg. 137 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), 12(22)
Commencement Information
I138Reg. 137 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
138. In Article 2, for the second indent, substitute— “ — the Food Safety Authority has performed, on request of the appropriate authority, a scientific assessment of the detoxification process, and concluded that the detoxification process complies with the acceptability criteria, as set out in Articles 3, 4 and 5. ”.
Commencement Information
I139Reg. 138 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
139. In Article 3—
(a)in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;
(b)in paragraph 2, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I140Reg. 139 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
140. In Article 4—
(a)in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;
(b)in paragraph 2, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I141Reg. 140 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
141. In Article 5—
(a)in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;
(b)in paragraph 2, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I142Reg. 141 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
142. In Article 6(3), omit “The Commission shall display the national links to those lists on the Commission's website, for information purposes.”.
Commencement Information
I143Reg. 142 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
143. In Article 7—
(a)in each place in which it occurs, for “EFSA”, substitute “ the Food Safety Authority ”;
(b)for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I144Reg. 143 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
144. After Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.
Commencement Information
I145Reg. 144 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
145. In the Annex, in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”.
Commencement Information
I146Reg. 145 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
146. Regulation 2020/354 is amended as follows.
Textual Amendments
F47Regs. 146-148 inserted (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), 12(23)
Commencement Information
I147Reg. 146 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
147. In Article 2, for “Commission” substitute “ appropriate authority ” in both places in which it occurs.
Textual Amendments
F47Regs. 146-148 inserted (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), 12(23)
Commencement Information
I148Reg. 147 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1
148. After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.]
Textual Amendments
F47Regs. 146-148 inserted (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), 12(23)
Commencement Information
I149Reg. 148 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 the authority of the Secretary of State for Health and Social Care.
Stephen Hammond
Minister of State,
Department of Health and Social Care