Statutory Instruments
Food, England
Public Health, England
Made
2nd December 2021
Coming into force
1st October 2022
The Secretary of State, in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 26(3) and 48(1) of the Food Safety Act 1990(1) (“the 1990 Act”) and by sections 36, 39, 52, 54, 55, 62(2), 63 and 65 of, and Schedule 7 to, the Regulatory Enforcement and Sanctions Act 2008(2) (“the 2008 Act”), makes the following Regulations.
The Secretary of State has consulted in accordance with sections 48(4) of the 1990 Act and section 60(1) of the 2008 Act.
The Secretary of State is satisfied in accordance with section 66 of the 2008 Act that food authorities(3) (who are the regulators for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations.
A draft of these Regulations was laid before Parliament in accordance with section 62(3) of the 2008 Act, and approved by a resolution of each House of Parliament.
1990 c. 16. Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40); paragraph 10(3)(a) and (b) of Schedule 5 to the Food Standards Act 1999 (c. 28); and paragraph 1 of Schedule 2 to S.I. 2002/794. Sections 16(1) and 48(1) and (4) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999. Section 48(4) was further amended S.I. 2004/2990. There are other amendments to sections 6, 16 and 48 not relevant to this instrument.
2008 c. 13. Section 39(4) was amended by S.I. 2015/664.
“Food authorities” in England are defined in section 5(1) of the Food Safety Act 1990, to which there amendments which are not relevant.