The Food (Amendment) (EU Exit) Regulations 2019

Type Statutory-Instrument
Publication 2019-03-07
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
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Made: 7th March 2019

Laid before Parliament: 12th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 .

The requirements of paragraph 3(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

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 .

PART 1 — Introduction

Citation and commencement

1

These Regulations may be cited as the Food (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

PART 2 — Amendment of primary legislation

The Weights and Measures (Northern Ireland) Order 1981

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Weights and Measures Act 1985

3

(b) a measure adopted by the United Kingdom before IP completion day under Article 40 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as it had effect in EU law (milk and milk products: national measures derogating from Articles 9(1) and 10(1)); (ba) regulations made under Article 40 of the FIC Regulation (milk and milk products: regulations derogating from Articles 9(1) and 10(1));

(c) a measure permitted to be maintained by Article 42 of the FIC Regulation (authority to maintain measures in specified legislation about the expression of net quantity in relation to food in the absence of regulations under Article 23(2));

PART 3 — Amendment of retained direct EU legislation

Commission Regulation (EU) No 115/2010

4

Regulation (EU) No 1169/2011 of the European Parliament and of the Council

5

(n) ‘legal name’, in relation to a food, means the name prescribed for it in EU-derived domestic legislation or retained direct EU legislation or, in the absence of such legislation, any other enactment;

Any provision in this Regulation that relates to any specific matter has the effect on and after IP completion day of preventing the making of any enactment in subordinate legislation (within the meaning of section 20(1) of the European Union (Withdrawal) Act 2018) relating to the same matter unless the making of such an enactment is authorised by this Regulation or by other retained direct EU legislation.

It is a condition of making such regulations that the appropriate authority considers that the majority of consumers in the territory to which the measures would apply attach significant value to the provision of that information.

(2) The specified provisions are: (a) Article 9(1), except for Article 9(1)(e), and (b) Article 10(1). (3) Nothing in this Regulation prevents the appropriate authority from making type B regulations derogating from Article 9(1)(e) in the case of milk and milk products presented in glass bottles intended for reuse.

(b) the provision of the particulars specified in Articles 9(1)(e) is not mandatory but nothing in this Regulation prevents type B regulations from being made to make the provision of those particulars mandatory; (c) the provision of the other particulars specified in Articles 9(1) and 10 is not mandatory but nothing in this Regulation prevents type A regulations from being made to make the provision of those particulars, or some of those particulars, mandatory.

Annex 2 to the EEA Agreement

6

In Annex 2 to the EEA Agreement, in Chapter 12, omit points 54zzzzx, 86 and 86a.

SCHEDULE 1 — Commission Regulation (EU) No 115/2010, point 4 of the Annex: substituted wording

SCHEDULE 2 — Regulation (EU) No 1169/2011 of the European Parliament and of the Council: amendments

PART 1 — Article 2(2), new points: points (v) to (z1)

PART 2 — Article 29(1), points (a) and (b): substituted points

PART 3 — Article 42: new second paragraph

PART 4 — Annex 6, Part B, point 3: substituted point

Signed

David Rutley — Parliamentary Under Secretary of State — 2019-03-07

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: OJ No L 31, 1.2.2002, p 1, to which there are amendments not relevant to these Regulations.

[^f00003]: S.I.1981/231 (N.I. 10), Article 22A was inserted by S.R. 2016/187. See also the definition of “the FIC Regulation” in Article 2(2); inserted by S.R. 2016/187 and substituted by S.I. 2019/5. See also regulation 2 of S.I. 2019/.

[^f00004]: OJ No L 304, 22.11.2011 p. 18, to which there are amendments not relevant to these Regulations.

[^f00005]: 1985 c. 72; section 31A was inserted by S.I. 2014/2975. See also the definition of “the FIC Regulation” in section 94(1); inserted by S.I. 2014/2975 and substituted by S.I. 2019/5. See also regulation 2 of S.I. 2019/.

[^f00006]: OJ No L 304, 22.11.2011 p. 18, to which there are amendments not relevant to these Regulations.

[^f00007]: S.I. 2007/2785; relevant amending instruments are S.I. 2010/433, 2011/451.

[^f00008]: S.R. 2015 No. 365, to which there are amendments not relevant to this provision.

[^f00009]: S.S.I. 2007/483, amended by S.S.I. 2010/89; there are other amending instruments but none is relevant.

[^f00010]: S.I. 2015/1867 (W. 274), to which there are amendments not relevant to this provision.

[^f00011]: 1990 c.16.

[^f00012]: S.I. 1991/762 (N.I. 7), as amended by S.I. 1996/1663 (N.I. 12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 (c. 28) and S.R. 2004 Nos. 482 and 505.

[^f00013]: S.I. 2003/1387, amended by S.I. 2005/2626, 2009/3251, 2011/1043, 2014/1855.

[^f00014]: S.R. 2003 No. 273, amended by S.R. 2005/574, 2009/407, 2014/223.

[^f00015]: S.S.I. 2003/278, amended by S.S.I 2005/616, 2009/438, S.I. 2011/1043, S.S.I. 2014/312.

[^f00016]: S.I. 2003/1719 (W. 186), amended by S.I. 2005/3254 (W. 247), 2009/3252 (W. 282), 2011/1043, 2014/2303 (W. 227).

[^f00017]: S.I. 2007/2785; relevant amending instruments are S.I. 2009/1598, 2010/433, 2011/451, 1043.

[^f00018]: S.R. 2015 No. 365, amended by S.R. 2017/201.

[^f00019]: S.S.I. 2007/483; relevant amending instruments are S.S.I. 2009/273, 2010/89, S.I. 2011/1043.

[^f00020]: S.I. 2015/1867 (W. 274), amended by S.I. 2017/935 (W. 229); there are other amending instruments but none is relevant.

[^f00021]: S.I. 1988/2040, amended by S.I. 1990/1550, 1994/2868, 2006/659, 2009/663, 2014/2975.

[^f00022]: S.I. 2006/659, amended by the Consumer Rights Act 2015 (2015 c. 15), section 78, and by SI 2013/1478, 2014/2975, 2015/1630, 2019/5.

[^f00023]: S.R. 1989 No. 69, amended by S.R. 1990 No. 395, 1995 No. 230, 2010 No. 203, 2011 No. 331, 2016 No. 187.

[^f00024]: S.R. 2011 No. 331, amended by the Consumer Rights Act 2015 (2015 c. 15), section 78, by SI 2013/1478, 2015/1630 and by S.R. 2016 No. 187.

[^f00025]: S.I. 2014/1855, to which there are amendments not relevant to these Regulations.

[^f00026]: S.R. 2014 No. 223, to which there are amendments not relevant to these Regulations.

[^f00027]: S.S.I. 2014/312, to which there are amendments not relevant to these Regulations.

[^f00028]: S.I. 2014/2303 (W. 227), to which there are amendments not relevant to these Regulations.

(a) the following legislation relating to food supplements: (i) in relation to food supplied in England, the Food Supplements (England) Regulations 2003 ; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) in relation to food supplied in Scotland, the renumbe Food Supplements (Scotland) Regulations 2003; (iii) in relation to food supplied in Wales, enumber the Food Supplements (Wales) Regulations 2003 ; (b) the following provisions relating to the exploitation and marketing of natural mineral waters and spring waters: (i) in relation to water supplied in England, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 ; (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) in relation to water supplied in Scotland, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 ; (iii) in relation to water supplied in Wales, Parts 2 and 3 of the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015 .

The specified legislation is: (a) the Weights and Measures (Miscellaneous Foods) Order 1988; (b) the Weights and Measures (Packaged Goods) Regulations 2006.

(3) Minced meat that does not comply with the criteria laid down in point 1 of this Part may be placed on the market: (a) in England, if the mark in Part 1 of Schedule 2 to the Food Information Regulations 2014 is used to identify the minced meat in accordance with regulation 4 of those Regulations; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in Scotland, if the mark in Part 1 of Schedule 1 to the Food Information (Scotland) Regulations 2014 is used to identify the minced meat in accordance with regulation 4 of those Regulations; (c) in Wales, if the mark in Part 1 of Schedule 2 to the Food Information (Wales) Regulations 2014 is used to identify the minced meat in accordance with regulation 4 of those Regulations.

Editorial notes

[^c23632331]: 2018 c. 16.

[^c23632341]: OJ No L 31, 1.2.2002, p 1, to which there are amendments not relevant to these Regulations.

[^c23632371]: 1985 c. 72; section 31A was inserted by S.I. 2014/2975. See also the definition of “the FIC Regulation” in section 94(1); inserted by S.I. 2014/2975 and substituted by S.I. 2019/5. See also regulation 2 of S.I. 2019/ .

[^c23632381]: OJ No L 304, 22.11.2011 p. 18, to which there are amendments not relevant to these Regulations.

[^c23632391]: S.I. 2007/2785; relevant amending instruments are S.I. 2010/433, 2011/451.

[^c23632411]: S.S.I. 2007/483, amended by S.S.I. 2010/89; there are other amending instruments but none is relevant.

[^c23632421]: S.I. 2015/1867 (W. 274), to which there are amendments not relevant to this provision.

[^c23632451]: S.I. 2003/1387, amended by S.I. 2005/2626, 2009/3251, 2011/1043, 2014/1855.

[^c23632471]: S.S.I. 2003/278, amended by S.S.I 2005/616, 2009/438, S.I. 2011/1043, S.S.I. 2014/312.

[^c23632481]: S.I. 2003/1719 (W. 186), amended by S.I. 2005/3254 (W. 247), 2009/3252 (W. 282), 2011/1043, 2014/2303 (W. 227).

[^c23632491]: S.I. 2007/2785; relevant amending instruments are S.I. 2009/1598, 2010/433, 2011/451, 1043.

[^c23632511]: S.S.I. 2007/483; relevant amending instruments are S.S.I. 2009/273, 2010/89, S.I. 2011/1043.

[^c23632521]: S.I. 2015/1867 (W. 274), amended by S.I. 2017/935 (W. 229); there are other amending instruments but none is relevant.

[^c23632571]: S.I. 2014/1855, to which there are amendments not relevant to these Regulations.

[^c23632591]: S.S.I. 2014/312, to which there are amendments not relevant to these Regulations.

[^c23632601]: S.I. 2014/2303 (W. 227), to which there are amendments not relevant to these Regulations.

[^key-c80c6caec2bbff6e98a5b2c2268f01a0]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-36f3610d8074b85f0d5e0ce9b83579e1]: Sch. 2 Pt. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-537469219fbe30111e71008f1551e3d6]: Sch. 2 Pt. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-42d03d61f15791894656679923b7b987]: Sch. 2 Pt. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-c2eec28910a056f971dd8a5875e7e096]: Sch. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-fa01c254ab3c89f93ab52a093a430a23]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-8487b85fec947f1944a4d20b75e515b5]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-917385962a0370866ccde419e4575093]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-56403c6c2c994a12605da32742d64438]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-97673b7d2b2af92f6ace6213669a9517]: Words in Sch. 1 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(5)(c)

[^key-f8dadb73ef72d297cece80f29c93d4df]: Words in Sch. 1 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(5)(b)

[^key-286cbdff4207bb69c27da3aaf2c61328]: Words in Sch. 1 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(5)(a)

[^key-ab02e986def5b616455b91d4bbfb6a6c]: Words in Sch. 2 Pt. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(aa)

[^key-09ceb01b995479d1a85270358866e2df]: Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(bb)

[^key-242b534d4d168d5da43452bb56b88bd6]: Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(i)(cc)

[^key-dea58874c2db75de28dacd76d629b2c8]: Words in Sch. 2 Pt. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(aa)

[^key-a264ee2b84f6bd3faa0f71e9096fb6ed]: Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(bb)

[^key-e9d7ea1a0711e45f130cc1300502a45f]: Words in Sch. 2 Pt. 2 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(b)(ii)(cc)

[^key-39a6bfd9b116de2d3521d1e4fdfc62b8]: Sch. 2 Pt. 1 substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), reg. 1(a), Sch.

[^key-0cfebc87e2ae86e971886d406fa15ccb]: Words in Sch. 2 Pt. 3 substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(c)

[^key-24dbfd6d765549cb6c66549182ce2a93]: Words in Sch. 2 Pt. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(i)

[^key-07984f73a9e43fcf11ce2238efd05bb0]: Words in Sch. 2 Pt. 4 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(ii)

[^key-73d5b8dbc2e95cbd8b495785f3823661]: Words in Sch. 2 Pt. 4 renumbered (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(6)(d)(iii)

[^key-16c826ba69eb8c41eee2d8a12dc78e1f]: Reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(2)

[^key-8a9c608819e04f3cb718fba7b9045963]: Words in reg. 3(2)(a) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(3)

[^key-cf222d2cbe917b18ddd5ddfa8bdb665e]: Words in reg. 5(2)(b) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(4)(a)

[^key-bf7206159b84c32314912075b2532973]: Words in reg. 5(19) substituted (31.12.2020 immediately before IP completion day) by The Food (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1501), regs. 1(a), 4(4)(b)

[^M_I_df657ab8-b548-4887-af04-fc5098a85886]: Sch. 2 Pt. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

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