The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
| Year | 2019 |
2019 No. 701
Exiting The European Union
Agriculture
Food
The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019
Made 26th March 2019
Coming into force in accordance with regulation 1
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 20181.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.
As required by Article 9 of Regulation (EC) No. 178/2002of 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 there has been open and transparent public consultation during the preparation of these Regulations.
PART 1
Introduction
Citation and commencement
1. These Regulations may be cited as the Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
Interpretation
2. In these Regulations, “Regulation 2016/52” means Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, and repealing Regulation (Euratom) No. 3954/87 and Commission Regulations (Euratom) No. 944/89 and (Euratom) No. 770/90.
PART 2
Amendment of retained direct EU legislation
Amendment of Regulation 2016/52
Regulation 2016/52 is amended as follows.
3. Regulation 2016/52 is amended as follows.
In Article 1, omit the second paragraph.
4. In Article 1, omit the second paragraph.
5. In Article 2, at the end, insert—
“6 “appropriate authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
(c) in relation to Scotland, the Scottish Ministers;
(d) in relation to Northern Ireland, the Northern Ireland devolved authority;
7 “Food Safety Authority” means—
(i) as regards England, Wales and Northern Ireland, the Food Standards Agency;
(ii) as regards Scotland, Food Standards Scotland;
8 “prescribe” means prescribe by regulations;
9 “Northern Ireland devolved authority” means the Department of Health.”.
6. For Article 3, substitute—
“1. If the appropriate authority receives — in particular under the IAEA Convention on Early Notification of a Nuclear Accident of 26 September 1986 — official information on a nuclear accident or on any other case of radiological emergency which is likely to lead to or has led to significant radioactive contamination of food and feed, the appropriate authority must, subject to paragraph 6, prescribe measures which apply the applicable maximum permitted levels to the potentially contaminated food or feed that could be placed on the market.
2. If the Food Safety Authority receives official information of the kind described in paragraph 1, it must immediately notify the appropriate authority by sharing that official information with the appropriate authority.
3. The maximum permitted levels applied by the measures prescribed under this Article must not exceed those set out in Annexes 1, 2 and 3.
4. The period of validity of measures prescribed under this Article must be as short as possible. The duration of the first measures prescribed under this Article following a nuclear accident or any other case of radiological emergency must not exceed 3 months.
5. The measures prescribed under this Article must be periodically reviewed by the appropriate authority and, if appropriate, amended on the basis of the nature and location of the accident and of the evolution of the level of radioactive contamination effectively measured.
6. When preparing measures to be prescribed, or reviewing measures prescribed, under this Article, the appropriate authority must take into account the basic standards laid down pursuant to Articles 30 and 31 of the Euratom Treaty, including the justification principle and the optimisation principle...
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