The Novel Food (Amendment) (EU Exit) Regulations 2019

Amendment of Regulation 2015/2283

24.  For Article 18, substitute—

“Authorisation of a traditional food from a third country and updates of the list

1.   Within three months of the date of publication of the Food Safety Authority’s opinion, the appropriate authority must authorise the placing on the market within the United Kingdom of the traditional food from a third country by prescribing an update of the list, taking into account the following—

(a) the conditions provided for in points (a) and (b) of Article 7 and, where applicable, point (c) of that Article;

(b) any relevant provision of law, including the precautionary principle as referred to in Article 7 of Regulation (EC) No. 178/2002;

(c) the Food Safety Authority’s opinion;

(d) any other legitimate factors relevant to the application under consideration.

2.   By way of derogation from paragraph 1, the appropriate authority may, having taken account of the Food Safety Authority’s opinion and any other legitimate factors relevant to the update under consideration, terminate the procedure at any stage and decide not to proceed with an update of the list where it considers that such an update is not justified. The appropriate authority must inform the applicant of the reasons for not considering the update to be justified.

3.   The applicant may withdraw its application referred to in Article 16 at any time, thereby terminating the procedure.”.