The Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022

• Citation: S.I. 2022/377
• Sections: 6

Section 1 Citation and commencement

(1) These Regulations may be cited as the Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022.

(2) These Regulations, apart from Part 2, come into force 21 days after the day on which these Regulations are made.

(3) Part 2 of these Regulations comes into force on the day after the day on which these Regulations are made.

Section 2 The Quick-frozen Foodstuffs (England) Regulations 2007

(1) The Quick-frozen Foodstuffs (England) Regulations 2007 are amended as follows.

(2) After regulation 11 insert—

Transitional provisions: withdrawal from the EU

(12) For the purpose of regulation 9(1), a person is not considered to have contravened or failed to comply with regulation 5(1) if—

(a) a product does not comply with regulation 5(4)(b);

(b) the alleged contravention would relate to a product that was placed on the market on or after the day on which the Food and Feed Safety (Miscellaneous Amendments and Transitional Provisions) Regulations 2022 came into force and before the last day of the period of 21 months beginning with the day on which IP completion day falls; and

(c) the matter constituting the alleged contravention would not have constituted a contravention of these Regulations as they applied immediately before IP completion day.

Section 3 Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

(1) The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 are amended as follows.

(2) After regulation 22 insert—

Transitional provisions: withdrawal from the EU

(23)

(1) An authorised officer must not serve on a person a compliance notice relating to a failure to comply with regulation 13(2) if—

(a) a product does not comply with regulation 14(1)(d);

(b) the compliance notice would relate to a product that was placed on the market before the last day of the period of 21 months beginning with the day on which IP completion day falls; and

(c) the matter constituting the alleged failure to comply would not have constituted a failure to comply with these Regulations as they applied immediately before IP completion day.

(2) In this regulation, “ compliance notice ” means a compliance notice pursuant to regulation 7.

Section 4 Amendment 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

(1) 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 is amended as follows.

(2) In Article 53(1)—

(a) for the opening words substitute—

(1) Where it is evident that food or feed originating in or entering Great Britain is likely to constitute a serious risk to human health, animal health or the environment, the appropriate authority may make regulations, containing one or more of the following measures, depending on the gravity of the situation—

(b) in subparagraph (a), in the opening words, for “the United Kingdom” substitute “Great Britain” ;

(c) in subparagraph (b)—

(i) in the opening words, for “imported from outside the United Kingdom” substitute “entering Great Britain” ;

(ii) in paragraph (i), for “imports” substitute “the entry” .

(3) After Article 53(1) insert—

(2A) For the purpose of this Article, “ entering Great Britain ” means the action of bringing food or feed into Great Britain from any country outside of Great Britain.

Section 5 Amendment of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed

(1) Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed is amended as follows.

(2) For Article 7(3) substitute—

(3) Any authorisation in respect of an application must be prescribed by the appropriate authority and must include—

(a) the particulars referred to in Article 6(5);

(b) the name of the authorisation holder;

(c) where appropriate, the unique identifier attributed to the GMO as referred to in Regulation (EC) No. 1830/2003 .

(3) For Article 19(3) substitute—

(3) Any authorisation in respect of an application must be prescribed by the appropriate authority and must include—

(a) the particulars referred to in Article 18(5);

(b) the name of the authorisation holder;

(c) where appropriate, the unique identifier attributed to the GMO as referred to in Regulation (EC) No. 1830/2003 .

Section 6 Amendment of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition

(1) Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition is amended as follows.

(2) In Article 9(1), for “The authorisation is to be in a form prescribed by the appropriate authority.” substitute “The authorisation must be prescribed by the appropriate authority and must include the elements mentioned in Article 8(4)(b), (c), (d) and (e) and an identification number.” .

(3) In Article 9(3), for “determination” substitute “authorisation” .

(4) Omit Article 9(4).