UK Offence Report

The Materials and Articles in Contact with Food (England) (Amendment) Regulations 2009

UK Statutory Instrument 2009 No. 2938 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
3 November 2009
In force from
19 December 2009
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, Food Safety Act 1990, In accordance with section 48(4A) of the 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 further amend the Materials and Articles in Contact with Food (England) Regulations 2007 (S.I. 2007/2790 as previously amended by S.I. 2008/916 and S.I. 2009/205) (“the principal Regulations”) in order to provide for the execution and enforcement of Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food (OJ No. L135, 30.5.2009, p.3) (“Regulation 450/2009”). The Regulations also amend the way import is defined in the principal Regulations. In detail, these Regulations amend the principal Regulations by — inserting a definition of Regulation 450/2009 (regulation 3(a)(i)); amending the definition of “import” to refer to products which come from outside the European Economic Area (regulation 3(a)(ii)); making it an offence to contravene specified requirements of Regulation 450/2009 (regulation 4), attaching penalties for such an offence (regulation 6), and providing for a defence in certain circumstances (regulation 8); specifying the competent authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 5); designating the enforcement authorities for the purposes of certain provisions of Regulation 450/2009 (regulation 7); and providing that certain provisions of the Food Safety Act 1990 apply for the purposes of the enforcement of Regulation 450/2009 (regulation 9). A full impact assessment has not been produced for this instrument as no impact in the private or voluntary sectors is foreseen.

Offences created by this instrument

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.

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