Statutory Instruments
Exiting The European Union
Food
Food Safety
Made
at 2.00 p.m. on 19th February 2021
Laid before Parliament
at 2.55 p.m. on 19th February 2021
Coming into force
21st February 2021
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(a) and (e) and (2)(b), 26(1) and (3) and 48(1) of the Food Safety Act 1990(1) and now vested in him(2), and sections 8C(1)(c) and 23 of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018(3) (“the 2018 Act”).
The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990(4).
The urgency of this matter does not allow for open and transparent public consultation through representative bodies as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(5), during the preparation and evaluation of these Regulations.
1990 c. 16. Section 16 of the Food Safety Act 1990 was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”). Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 48 was amended by paragraphs 7 and 8 of Schedule 5 to the 1999 Act.
Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) as read with section 40(2) of the 1999 Act.
2018 c. 16. Section 8C was inserted by section 21 of the European Union (Withdrawal Agreement) Act 2020 (c. 1). Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraphs 38 and 53 of Schedule 5 to, the European Union (Withdrawal Agreement) Act 2020.
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.
EUR 2002/178, to which there are amendments, but none is relevant.