The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019
| Jurisdiction | UK Non-devolved |
| Citation | SI 2019/1476 |
| Year | 2019 |
2019 No. 1476
Agriculture, England
Food, England
The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019
Made 22th November 2019
To be laid before Parliament
Coming into force 14th December 2019
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721.
The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals2, the common agricultural policy of the European Community3and measures in the veterinary and phytosanitary fields for the protection of public health4.
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 any reference to an EU instrument defined in Schedule 1 to the Food Safety and Hygiene (England) Regulations 20135to be construed in accordance with regulation 2(6) of those Regulations as amended by these Regulations as a reference to that instrument as amended from time to time.
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 safety6there has been open and transparent public consultation during the preparation of these Regulations.
Title and commencement
1. These Regulations may be cited as the Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 and come into force on 14th December 2019.
Amendment of the Official Feed and Food Controls (England) Regulations 2009
2. The Official Feed and Food Controls (England) Regulations 20097are amended as follows.
3. In regulation 2 (interpretation)—
(a) in paragraph (1)—
(i) in the definition “competent authority”, for “Regulation 882/2004” substitute “Regulation 2017/625”;
(ii) for the definition that begins “Directive 2004/41” substitute—
““Decision 2007/275”, “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666””;
(iii) for the definition “the Import Provisions” substitute—
““the Import Provisions” means Part 3 of these Regulations, Title 2 Chapter 5 of Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to product as defined in regulation 22;”;
(iv) in the definition of “the Official Control Regulations”, for “Regulation 882/2004” substitute “Regulation 2017/625 and the Regulation 2017/625 package”;
(v) after the definition “primary production” insert—
“”the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”;”;
(b) in paragraph (3), for “Regulation 882/2004 or Regulation 669/2009” substitute “Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package” in both places it occurs.
4. In regulation 3 (competent authorities)—
(a) in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”;
(b) in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”;
(c) omit paragraph (5);
(d) in paragraph (6), for “Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e)” substitute “Article 148 of Regulation 2017/625, the designation extends”.
5. In regulation 4 (exchanging and providing information)—
(a) in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”;
(b) in paragraph (5), for “Regulation 882/2004” substitute “Regulation 2017/625”.
6. In regulation 5 (obtaining information)—
(a) in paragraph (1)—
(i) for “control body” substitute “delegated body” in each place it occurs;
(ii) for “Regulation 882/2004” substitute “Regulation 2017/625”;
(b) in paragraph (4), for “control body” substitute “delegated body” in both places it occurs.
7. In regulation 6 (power to issue codes of recommended practice)—
(a) in paragraph (1)(a), for “Regulation 882/2004” substitute “Regulation 2017/625”;
(b) in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”.
8. In regulation 12 (right of appeal), in paragraph (1)—
(a) in sub-paragraph (a), for “Article 31(2)(c) of Regulation 882/2004 (approval)” substitute “Article 148(3) of Regulation 2017/625 (approval)”;
(b) in sub-paragraph (b), for “Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval)” substitute “Article 148(4) of Regulation 2017/625 (conditional approval and full approval)”;
(c) in sub-paragraph (c), for “Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval)” substitute “Article 138(2)(j) of Regulation 2017/625 (suspension or withdrawal of approval)”.
9. In regulation 14 (staff of competent authority of another member State), for “Article 36 of Regulation 882/2004” substitute “Article 104(3) of Regulation 2017/625”.
10. In regulation 15 (Commission experts), in paragraph (1)—
(a) for “to enable that expert” substitute “and a national expert, appointed for the purposes of Article 116(4) of Regulation 2017/625, to accompany and enable the Commission expert”;
(b) for “Article 45 of Regulation 882/2004” substitute “Article 116 of Regulation 2017/625”.
11. In regulation 17 (execution and enforcement)—
(a) in paragraph (1), for “control body” substitute “delegated body”;
(b) in paragraph (5)(b), after “Commission expert” insert “and, where relevant, a national expert”.
12. In regulation 22 (interpretation of this Part of these Regulations)—
(a) for the definition “product” substitute—
““product” means feed and food whose import is regulated by Article 44 of Regulation 2017/625 and includes those composite products and foodstuffs which are not required to be subject to veterinary checks as provided in Commission Decision 2007/275/ECconcerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EECand 97/78/EC;”;
(b) in the definition “the relevant territories” for “Regulation 882/2004” substitute “Regulation 2017/625”;
(c) for the definition “specified import provision” substitute—
““specified import provision” means any provision of Regulation 2017/625 or the Regulation 2017/625 package that is specified in column 1 of Schedule 6 and whose subject-matter is described in column 2 of that Schedule.”.
13. In regulation 23 (feed enforcement responsibilities and competent authority status)—
(a) in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”;
(b) omit paragraph (4).
14. In regulation 24 (food enforcement responsibilities and competent authority status)—
(a) in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”;
(b) omit paragraph (4).
15. In regulation 25 (functions of the Commissioners), for “customs services under Article 24 of Regulation 882/2004 and Article 10 of Regulation 669/2009” substitute “customs authorities under Articles 46, 57, 75 and 76 of Regulation 2017/625 and Article 4 of Regulation 2019/1793”.
16. In regulation 27 (deferred execution and enforcement), in paragraph (6), for “Article 15(5) of Regulation 882/2004” substitute “Article 47(1)(d) and (2)(b) and Article 54(4) of Regulation 2017/625”.
17. In regulation 29 (checks on products), in each place it occurs for “Article 16 of Regulation 882/2004” substitute “Articles 34(5) and (6), 44(2) and 45(1), (2) and (4) of Regulation 2017/625”.
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