The Official Feed and Food Controls (England) Regulations 2006

4These Regulations —aprovide for the designation of specified bodies as competent authorities for the purposes of the provisions of Regulation (EC) No. 882/2004 (regulation 3);bprovide for the exchange and provision of information by competent authorities (regulation 4);cenable a competent authority to require a control body to provide information and make records available and provide that a person who—ifails to comply with a requirement to provide information or make records available, oriiin purported compliance with such a requirement furnishes false or misleading information,is guilty of an offence (regulation 5);denable the Secretary of State to issue codes of recommended practice to feed authorities and food authorities (regulation 6);egive the Food Standards Agency the function of monitoring the performance of enforcement authorities in enforcing certain legislation (regulation 7);fgive the Food Standards Agency the power, for the purpose of carrying out the function referred to in sub–paragraph (e) of this paragraph —ito require information to be provided and records to be made available (regulation 8), andiito authorise individuals (who may thereby exercise certain powers, including a power of entry) (regulation 9);gdefine certain terms used in regulations 7 to 9 (regulation 10);hprovide that a person who —iobstructs a person exercising a power to enter premises, take samples or inspect and copy records,iifails to comply with a requirement to provide information, make records available or provide facilities, records, information or other assistance, oriiiin purported compliance with such a requirement furnishes false or misleading information,is guilty of an offence (regulation 11);iprovide a right of appeal in respect of a decision of the competent authority concerning the approval of certain establishments taken under Article 31 of Regulation (EC) No. 882/2004 (regulations 12 and 13);jprovide that an authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation (EC) No. 882/2004 (regulation 14);kprovide that when an “enforcing officer”, defined in regulation 15(2), enters premises for the purpose of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation (EC) No. 882/2004 (regulation 15);lprovide that a person who enters premises under the powers referred to in sub–paragraph (j) or (k) of this paragraph and discloses any information obtained on the premises with regard to any trade secret is guilty of an offence unless he does so in the performance of his duty (regulation 16);mspecify the authorities that are responsible for executing and enforcing regulations 5(3), 9(8), 11, 16, 18(8) and 19 (regulation 17);ngive powers of entry to authorised officers of the authorities referred to in sub–paragraph (m) of this paragraph (regulation 18);ocreate the offence of obstructing an officer acting in the execution of regulation 14, 15 or 18 (regulation 19);pprovide penalties for offences under Part 2 of these Regulations (regulation 20);qprovide a time limit for bringing prosecutions for offences under regulation 18(8) (regulation 21);rmake provision for the execution and enforcement of Part 3 of these Regulations and Articles 15 to 24 of Regulation (EC) No. 882/2004, together defined in regulation 2(1) as “the Import Provisions” (regulations 23 and 24);sprovide that the Commissioners for Her Majesty's Revenue and Customs are to carry out the functions given to customs services under Article 24 of Regulation (EC) No. 882/2004 (regulation 25).tmake provision for the execution and enforcement of the Import Provisions to be deferred until a product reaches its destination (regulation 26);uin the light of Article 11 of Regulation (EC) No. 178/2002 as read with Article 10 of Regulation (EC) No. 852/2004 (as described in paragraph 3 above) prohibit the introduction into England of certain feed and food unless specified conditions are met (regulation 27);vprovide for the checking of products that are introduced into England (regulation 28);wprovide that an enforcement authority, first, has the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation (EC) No. 882/2004 and, second, is the competent authority for the purposes of Article 22 of that Regulation (regulation 29);xprovide for the service of notices by an authorised officer of an enforcement authority when he wishes to take certain measures or exercise certain powers under Article 19 of Regulation (EC) No. 882/2004 (imports of feed and food from third countries) (regulation 30);yprovide a right of appeal in respect of the service of notices under regulation 30 (regulations 31 and 32);zenable the Secretary of State or the Agency by written declaration to suspend, or impose conditions on, the introduction into England of any product from a third country where she or it learns or reasonably suspects that any food or feed that has been or may be introduced into England from that third country is likely to constitute a serious risk to animal or public health (regulation 33);aaprovide for charges to be payable in relation to controls carried out on consignments (regulation 34);bbprovide for the procurement and analysis of samples of food for the purposes of the execution and enforcement of the Import Provisions (regulations 35 and 36);ccprovide powers of entry for authorised officers of food authorities in relation to the execution and enforcement of the Import Provisions (regulation 37);ddcreate the offence of obstructing an officer acting in the execution of the Import Provisions (regulation 38);eecreate offences consisting of contravening or failing to comply with specified regulations and failing to comply with a notice served under the Import Provisions and provide penalties for offences under Part 3 of these Regulations (regulation 39);ffprovide a time limit for bringing prosecutions for certain offences under Part 3 of these Regulations (regulation 40);ggprovide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 41);hhprovide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 42);iiprovide that where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such he as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 43);jjprovide that where an offence under these Regulations which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner he as well as the partnership is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 44);kkprovide for the protection of officers acting in good faith (regulation 45);llprovide for the service of documents (regulation 46);mmmake a consequential amendment to the Feed (Hygiene and Enforcement) (England) Regulations 2005 (S.I. 2005/3280) (regulation 47); andnnrevoke the Official Feed and Food Controls (England) Regulations 2005 (S.I. 2005/2626) (regulation 48).

5A Regulatory Impact Assessment has not been prepared for these Regulations. However a Regulatory Impact Assessment was prepared in respect of the Regulations that these Regulations revoke and replace. A full Regulatory Impact Assessment on the effect that those Regulations would have had on the costs of business was prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Food Hygiene Implementation Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH.

Footnotes

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC ;

“Regulation 178/2002” means 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 as last amended by Regulation 1642/2003;

“Regulation 1642/2003” means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as read with Regulation 2073/2005;

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules as read with Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs ;

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs ;

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 ; and

“Regulation 2076/2005” means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 .

“relevant feed law” means —

• (a) Part IV of the Agriculture Act 1970 in so far as it applies in relation to feeding stuffs;

• (b) the Feeding Stuffs (Sampling and Analysis) Regulations 1999 ;

• (c) the Feeding Stuffs Regulations 2000 ;

• (d) the Genetically Modified Animal Feed (England) Regulations 2004 ;

• (e) the Food Hygiene (England) Regulations 2006 in so far as they apply in relation to feed;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) the Feed (Hygiene and Enforcement) (England) Regulations 2005; and

• (h) the Feeding Stuffs (England) Regulations 2005 .

“relevant food law” means —

• (a) food law in so far as it applies in relation to food, except in so far as it involves —

• (i) the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 ,

• (ii) the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 ,

• (iii) the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ,

• (iv) the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

• (v) the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 2003 and the Organic Products Regulations 2004 ,

• (vi) the regulation of beef labelling under the Beef Labelling (Enforcement) (England) Regulations 2000 , ...

• (vii) the regulation of the import of and trade in products of animal origin —

• (aa) under the Products of Animal Origin (Import and Export) Regulations 1996 , with the exception of the execution and enforcement of regulation 3 thereof by the Agency, and

• (bb) under the Products of Animal Origin (Third Country Imports) (England) (No. 4) Regulations 2004 , with the exception of the execution and enforcement of regulation 5 thereof by the Agency , and

• (viii) the matters regulated under Schedule 2 to the Transmissible Spongiform Encephalopathies (England) (No. 2) Regulations 2006 in so far as that Schedule applies in relation to animals slaughtered for human consumption, together with the matters covered under point 2 of Part II of Chapter A of Annex III to Regulation 999/2001 in so far as that point applies in relation to animals slaughtered for human consumption;

• (b) food law in so far as it applies in relation to materials and articles in contact with food ...; and

• (c) food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene (England) Regulations 2006.

Editorial notes