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The Novel Food (Amendment) (EU Exit) Regulations 2019

Consolidated Text As Enacted Cited authorities 34 Cited in Amendments 2 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2019/702
  • These Regulations may be cited as the Novel Food (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.
  • In these Regulations—
  • The Novel Foods (England) Regulations 2018
  • in the entry which relates to Article 6.2 as read with Article 24, omit “Union”;
  • in the entry which relates to Article 25, for “Commission”, substitute
  • Regulation 2015/2283 is amended as follows.
  • For Article 1, substitute—
    • This Regulation lays down rules for novel foods placed on the market within F5Great Britain .The purpose of this Regulation is to ensure a high level of protection of human health and consumers' interests.
  • In Article 2 (1) , for “the Union” substitute
  • for the opening words of point (a) , substitute—
    • “novel food' means any food that was not used for human consumption to a significant degree within the EU or the United Kingdom before 15 May 1997, irrespective of the dates of accession of member States, and that falls under at least one of the following categories—
  • for point (d) , substitute—
    • “the applicant” means the third country or the interested party;
  • after paragraph (f) , insert—
    • “third country” means any country or territory other than the British Islands;“prescribe” means prescribe by regulations;in relation to England, the Secretary of State;in relation to Wales, the Welsh Ministers;in relation to Scotland, the Scottish Ministers;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .as regards F9England and Wales, the Food Standards Agency;as regards Scotland, Food Standards Scotland;“list” means the list referred to in Article 6(1) ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • in each place in which it occurs, for “Union”, substitute
  • For Article 4, substitute—
    • Food business operators must verify whether or not the food which they intend to place on the market within F11Great Britain falls within the scope of this Regulation.Where they are unsure whether or not a food which they intend to place on the market within F11Great Britain falls within the scope of this Regulation, food business operators must consult the Food Safety Authority. Food business operators must provide the necessary information to the Food Safety Authority to enable it to determine whether or not a food falls within the scope of this Regulation.
  • For Article 5, substitute—
    • The appropriate authority may prescribe that a particular food is a novel food within the meaning of this Regulation.
  • In the Title of Chapter 2, for “the Union” substitute
  • For Article 6, substitute—
    • The appropriate authority must establish and update a list of novel foods authorised to be placed on the market within F12the constituent territory of Great Britain in accordance with Articles 7 and 9.Only novel foods authorised and included in the list may be placed on the market within the United Kingdom as such, or used in or on foods, in accordance with the conditions of use and the labelling requirements specified in the list.
  • in each place in which it occurs (including the heading) , omit “Union”;
  • for “Commission shall”, substitute
  • Omit Article 8.
  • in each place in which it occurs (including the heading) , omit “Union”;
  • in paragraph 1, for “Commission shall”, substitute
  • For Article 10, substitute—
    • The procedure for authorising the placing on the market within F13Great Britain of a novel food and updating the list provided for in Article 9 must start either on the initiative of the appropriate authority or following an application to the appropriate authority by an applicant. The appropriate authority must make the summary of the application, based on the information referred to in points (a) , (b) and (e) of paragraph 2 of this Article, publicly available.the name and address of the applicant;the name and description of the novel food;the description of the production process;the detailed composition of the novel food;scientific evidence demonstrating that the novel food does not pose a safety risk to human health;where appropriate, the analysis method;a proposal for the conditions of intended use and for specific labelling requirements which do not mislead the consumer or a verifiable justification why those elements are not necessary.Upon request by the appropriate authority, the Food Safety Authority must give its opinion as to whether the update is liable to have an effect on human health.When test methods are applied to engineered nanomaterials as referred to in points (a) (viii) and (ix) of Article 3(2) , an explanation must be provided by the applicants of their scientific appropriateness for nanomaterials and, where applicable, of the technical adaptations or adjustments that have been made in order to respond to the specific characteristics of those materials.The procedure for authorising the placing on the market within F13Great Britain of a novel food and updating the list as provided for in Article 9 ends when the appropriate authority prescribes an update of the list in respect of that novel food in accordance with Article 12.By way of derogation from paragraph 5, the appropriate authority may terminate the procedure at any stage, and decide not to proceed with an update of the list where the appropriate authority considers that an update is not justified.The applicant may withdraw its application at any time, thereby terminating the procedure.
  • For Article 11, substitute—
    • Where the appropriate authority requests an opinion from the Food Safety Authority, it must forward the valid application to the Food Safety Authority without delay, and not later than one month after having verified its validity. The Food Safety Authority must adopt its opinion within nine months from the date of receipt of a valid application.

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