The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016

Made: 28th June 2016

Laid before Parliament: 29th June 2016

Coming into force: 20th July 2016

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—food and drink intended for sale for human consumption including the presentation, packaging, labelling, marketing and advertising of such food and drink ; andmeasures relating to food (including drink) including the primary production of food .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—

food and drink intended for sale for human consumption including the presentation, packaging, labelling, marketing and advertising of such food and drink ; and

measures relating to food (including drink) including the primary production of food .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for all provisions of Regulation (EU) No 609/2013 of the European Parliament and of the Council , mentioned in these Regulations to be construed as a reference to those provisions as amended from time to time

The Secretary of State makes these Regulations in exercise of the powers conferred by—paragraph 1A of Schedule 2 to the European Communities Act 1972 , so far as relating to regulations 2(1) and (4) and Schedule 1;so far as relating to regulations 2(1) and 4 to 6 and Schedules 2 to 4—sections 6(4), 16(1), 17(1) and (2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 ;section 28(6) of the Regulatory Enforcement and Sanctions Act 2008 , with the consent of the Welsh Ministers; andsections 6(4), 17(2), 26(3) and 48(1) of the Food Safety Act 1990, so far as relating to regulations 2(1) to (3), 3 and 4, and Schedule 2.

The Secretary of State makes these Regulations in exercise of the powers conferred by—

paragraph 1A of Schedule 2 to the European Communities Act 1972 , so far as relating to regulations 2(1) and (4) and Schedule 1;

so far as relating to regulations 2(1) and 4 to 6 and Schedules 2 to 4—

sections 6(4), 16(1), 17(1) and (2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 ;

section 28(6) of the Regulatory Enforcement and Sanctions Act 2008 , with the consent of the Welsh Ministers; and

sections 6(4), 17(2), 26(3) and 48(1) of the Food Safety Act 1990, so far as relating to regulations 2(1) to (3), 3 and 4, and Schedule 2.

So far as these Regulations are made in exercise of the powers conferred by the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act .

There has been consultation 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 during the preparation and evaluation of the following Regulations.

Citation, application and commencement

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• (1) These Regulations may be cited as the Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016.

• (2) These Regulations apply in England only.

• (3) These Regulations come into force on 20th July 2016.

Interpretation

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• (1) In these Regulations—

• “the Act” means the Food Safety Act 1990;

• “the Delegated Regulation” means Commission Delegated Regulation (EU) 2016/128 supplementing Regulation (EU) No. 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes;

• “food authority” means—a county council;a metropolitan district council;a non-metropolitan district council for an area for which there is no county council;a London borough council;the Common Council of the City of London (in their capacity as a local authority); andthe Council of the Isles of Scilly;

• “food for special medical purposes” has the same meaning in these Regulations as in the EU Regulation;

• “infant” means a child under the age of 12 months;

• “the EU Regulation” means Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009;

• “specified EU requirement” means any provision of the EU Regulation or the Delegated Regulation specified in column 1 of Schedule 1, as read with the provisions in column 2.

• (2) Where any functions under the Act are assigned to a port health authority by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 , any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the port health authority to which they are assigned.

• (3) Except where otherwise provided, any reference in these Regulations to—

• (a) a regulation is a reference to a regulation of these Regulations;

• (b) an Article or Annex is a reference to an Article or Annex of the EU Regulation.

• (4) Any reference to a provision of the EU Regulation contained in the table in Schedule 1 describing specified EU requirements, except a reference to Article 1(1), is a reference to that provision as amended from time to time.

• (5) Any reference to a provision of the Delegated Regulation contained in the table in Schedule 1 is a reference to that provision as amended from time to time.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

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Each food authority must enforce and execute these Regulations within its area.

Application of provisions of the Act

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• (1) Section 10 of the Act (improvement notices) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, with the modifications specified in Part 1 of Schedule 2.

• (2) Section 32 of the Act (powers of entry) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations with the modifications specified in Part 2 of Schedule 2.

• (3) Section 35 of the Act (punishment of offences) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations with the modifications specified in Part 3 of Schedule 2.

• (4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies to an improvement notice served in relation to a specified EU requirement with the modifications specified in Part 4 of Schedule 2.

• (5) Section 39 of the Act (appeals against improvement notices) applies to an appeal against an improvement notice served in relation to a specified EU requirement with the modifications specified in Part 5 of Schedule 2.

• (6) The provisions of the Act specified in paragraph (7) apply in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, insofar as they relate to the provisions of the Act specified in and modified by paragraphs (1) to (5).

• (7) The provisions of the Act specified for the purposes of this paragraph are—

• (a) section 3 (presumptions that food intended for human consumption);

• (b) section 20 (offences due to fault of another person);

• (c) section 21 (defence of due diligence);

• (d) section 22 (defence of publication in the course of business);

• (e) section 29 (procurement of samples);

• (f) section 30(8) (which relates to evidence of certificates given by a food analyst or examiner);

• (g) section 33 (obstruction etc. of officers);

• (h) section 36 (offences by bodies corporate);

• (i) section 36A (offences by Scottish partnerships);

• (j) section 44 (protection of officers acting in good faith);

and any reference in those provisions to a section of the Act, including a reference to “any of the preceding provisions of this Part”, is to be read as a reference to such sections of the Act that apply by virtue of, and with the modifications made by, these Regulations.

Revocation

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The following are revoked—

• (a) The Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 ;

• (b) regulations 26 and 27 of the Infant Formula and Follow-on Formula (England) Regulations 2007 ;

• (c) The Food for Particular Nutritional Uses (Miscellaneous Amendments) (England) Regulations 2010 ; and

• (d) regulation 3 of the Transfer of Functions (Food) Regulations 2011 .

Amendments to statutory instruments

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Schedules 3 and 4 have effect.

Review

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• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision made by these Regulations, and

• (b) publish a report setting out the conclusions of the review.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The report must in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision made by these Regulations;

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate, and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

• (4) The first report under this regulation must be published before 20th July 2021.

• (5) Subsequent reports under this regulation must be published at intervals not exceeding five years.

• (6) In this regulation, “regulatory provision” has the meaning given by section 32(4) of the Small Business, Enterprise and Employment Act 2015 .

SCHEDULE 1 — Specified EU requirements

SCHEDULE 2 — Modification of provisions of the Act

PART 1 — Modification of section 10 (improvement notices)

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For section 10(1) substitute—

(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a specified EU requirement, or has placed food on the market that does not comply with a specified EU requirement, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)— (a) state the officer's grounds for believing that the person is failing to comply, or as the case may be, that the food does not comply with the specified EU requirement; (b) specify the matters which constitute the failure to so comply; (c) specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and (d) require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.

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Section 10(3) does not apply.

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After section 10(3) insert—

(4) In this section “specified EU requirement” has the meaning given to that term in regulation 2(1) of the Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016.

PART 2 — Modification of section 32 (powers of entry)

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For paragraphs (a) to (c) of section 32(1) substitute—

(a) to enter any premises within the authority's area for the purpose of ascertaining whether there has been any contravention of a specified EU requirement; and (b) to enter any business premises, whether within or outside the authority's area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement;

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Section 32(9) does not apply.

6

After section 32(9) insert—

(10) In this section “specified EU requirement” has the meaning given to that term in regulation 2(1) of the Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016.

PART 3 — Modification of section 35 (punishment of offences)

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In section 35, after subsection (1A), insert—

(1B) A person guilty of an offence under section 10(2), as applied by regulation 4(1) of the Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016, is liable, on summary conviction, to a fine.

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