UK Offence Report

The Food Hygiene (England) (Amendment) Regulations 2010 (revoked)

UK Statutory Instrument 2010 No. 534 — creates 2 criminal offences.

2offences created
0recorded in force
0revoked
Made
25 February 2010
In force from
13 April 2010
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, European Communities Act 1972

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 amend the Food Hygiene (England) Regulations 2006 (S.I. 2006/14, as already amended) by updating the definitions of certain EU instruments that are referred to in those Regulations and by providing that when certain requirements are complied with a person will be considered not to have contravened or failed to comply with specified provisions of Regulation (EC) No.853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No.L139, 30.4.2004, p.55; the revised text of that Regulation is now set out in a Corrigendum, OJ No.L226, 25.6.2004, p.22, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26). These Regulations amend the Food Hygiene (England) Regulations 2006 to update the definitions of certain EU instruments by— substituting references to specified EU instruments for the references to the EU instruments that currently appear after the definition of “the Community Regulations” in paragraph (1) of regulation2 (interpretation) (regulation 2(2)); and substituting a revised Schedule1 (definitions of EU legislation) for the existing Schedule1 (definitions of Community legislation) (regulation 2(4)). These Regulations also amend the Food Hygiene (England) Regulations 2006 to provide that when certain requirements are complied with a person will be considered not to have contravened or failed to comply with specified provisions of Regulation (EC) No.853/2004. They do so by substituting a revised regulation 17 (offences and penalties) and by inserting new Schedules 3A, 3B, 3C and 3D (regulation 2(3) and (5)). The new regulation 17(5) says that, provided the requirements of the new Schedule 3A are complied with, a person will be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 5 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption). The new regulation 17(6) says that, provided the requirements of the new Schedule 3B are complied with, a person will be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 5 of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have lockable facilities for the refrigerated storage of detained meat and separate lockable facilities for the storage of meat declared unfit for human consumption). The new regulation 17(7) says that, provided the requirements of the new Schedule 3C are complied with, a person will be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 6 of Chapter II of Section I of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which domestic ungulates are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport for livestock unless the competent authority permits them not to have such places and official authorised places and facilities exist nearby). The new regulation 17(8) says that, provided the requirements of the new Schedule 3D are complied with, a person will be considered not to have contravened or failed to comply with Article 3(1) or 4(1)(a) of Regulation (EC) No. 853/2004 as read in either case with paragraph 6(b) of Chapter II of Section II of Annex III to that Regulation (food business operators to ensure that slaughterhouses in which poultry or lagomorphs are slaughtered have a separate place with appropriate facilities for the cleaning, washing and disinfection of means of transport unless officially authorised places and facilities exist nearby). A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Safety: Hygiene and Microbiology Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

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.

Check the source