The Food Safety Act 1990 (Amendment) Regulations 2004

• Citation: S.I. 2004/2990
• Sections: 7

Section 1 Title, extent and commencement

(1) These Regulations may be cited as the Food Safety Act 1990 (Amendment) Regulations 2004; they extend to Great Britain and come into force on 7th December 2004.

(2) Regulation 7 also extends to Northern Ireland.

Section 2 Amendment of the Food Safety Act 1990

The Food Safety Act 1990 shall be amended in accordance with regulations 3 to 6.

Section 3 Amendment of the Food Safety Act 1990

In section 1 (meaning of “food” and other basic expressions) for subsections (1) and (2) there shall be substituted the following subsections —

(1) In this Act “food” has the same meaning as it has in Regulation (EC) No. 178/2002 .

(2) In this Act “Regulation (EC) No. 178/2002 ” means 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.

Section 4 Amendment of the Food Safety Act 1990

In section 40 (power to issue codes of practice) —

(a) in subsection (4)(a) there shall be inserted at the beginning the words “subject to subsection (4B) below,”;

(b) after subsection (4A) there shall be inserted —

(4B) Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 .

Section 5 Amendment of the Food Safety Act 1990

In section 48 (regulations and orders) —

(a) in subsection (4) there shall be inserted at the beginning the words “Subject to subsection (4C) below,”;

(b) after subsection (4B) there shall be inserted —

(4C) Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 .

Section 6 Amendment of the Food Safety Act 1990

In section 53(2) (general interpretation) —

(a) for the entry for “food” there shall be substituted —

(b) after the entry for “public analyst” there shall be inserted —

Section 7 Consequential amendment

Paragraph (14) of regulation 9 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 (amendment of section 1 of the Food Safety Act 1990) shall be omitted.