The Contaminants in Food (Amendment) Regulations 1999
UK Statutory Instrument 1999 No. 1603 — creates 2 criminal offences.
- Made
- 7 June 1999
- In force from
- 30 June 1999
- Extent
- Not stated
- Subject
- Food, consumer protection, trading standards, product safety and age-restricted sales
- Made under
- Food Safety Act 1990
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations, which apply to Great Britain, make provision for the enforcement and execution of Commission Regulation (EC) No. 1525/98 (OJ No. L201, 17.7.98, p. 43) and Commission Regulation (EC) No. 864/1999 (OJ No. L108, 27.4.1999, p. 16) both of which amend Commission Regulation (EC) No. 194/97 setting maximum levels for certain contaminants in foodstuffs (together “the Commission Regulation”). These Regulations also implement Commission Directive 98/53/EC (OJ No. L201, 17.7.98, p. 93) laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs. These Regulations, which amend the Contaminants in Food Regulations 1997– a extend enforcement responsibilities in England to district councils (regulation 3(c)); b provide that it is an offence to place on the market food which fails to meet the requirements of Article 2.1 of Commission Regulation 194/97 (“the Commission Regulation”) or to contravene Article 2.4 thereof (regulation 4); c apply section 9 of the Food Safety Act 1990 (“the Act”) with modifications, so as to require, by service of a notice, that food (other than “authorised lettuce or spinach”) which may contravene the requirements of Article 2.1 of Regulation 194/97 is to be removed for the purposes of inspection to a place having the proper facilities to do so and provide that it is an offence to knowingly contravene or fail to comply with such a notice (regulations 4 and 8); d provide that port health authorities are to have enforcement responsibilities (regulation 5); e modify the application of section 29 of the Act so as to provide that the taking of any samples of specified food must be in accordance with the methods described in Commission Directive 98/53 and require that samples of specified food are prepared and analysed in accordance with that Directive (regulation 6); f require records containing specified information to be kept and produced upon request (regulation 7); g amend the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 9); and h revoke the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992 and make a consequential revocation of a provision of the Food Labelling Regulations 1996 (regulation 10). A Regulatory Impact Assessment has been prepared in so far as these Regulations make provision for the enforcement and execution of Commission Regulation (EC) No. 1525/98 and implement Commission Directive 98/53/EC. The Assessment has been placed in the library of each House of Parliament and copies can be obtained from the Food Contaminants Division of the Ministry of Agriculture, Fisheries and Food, Ergon House c/o Nobel House, 17 Smith Square, London SW1P 3JR.
Offences created by this instrument
- For paragraph (1) of regulation 3 (offences and penalties) there shall be substituted the following– 1 A person shall… regulation 4 · Status not determined · Requires proof of a state of mind
- Record keeping regulation 5A(3) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 1999