UK Offence Report

The Condensed Milk and Dried Milk (England) Regulations 2015

UK Statutory Instrument 2015 No. 675 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
10 March 2015
In force from
6 April 2015
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, Food Safety Act 1990, Schedule 2 to, the 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, which apply in relation to England only, revoke and replace the Condensed Milk and Dried Milk (England) Regulations 2003 (S.I. 2003/1596) and revoke the Condensed Milk and Dried Milk (England) (Amendment) Regulations 2008 (S.I. 2008/85). They implement Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk products intended for human consumption (OJ No L 15, 17.1.02, p 19). Regulation 2 and Schedules 1 and 2 define condensed milk and dried milk products and the reserved descriptions that apply to them. Regulation 3 prohibits the labelling with reserved descriptions of food other than the designated condensed and dried milk products to which they relate. Regulation 4 sets out the labelling requirements for designated condensed and dried milk products. Regulation 5 sets out the manner of marking or labelling in accordance with Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers (OJ No L 304, 22.11.11, p 18) which will apply to the way in which the particulars required by regulation 4 must be presented. Regulation 6 and Schedule 3 apply certain provisions of the Food Safety Act 1990 (1990 c. 16) with modifications. This includes the application of section 10(1) (with modifications) and (2), enabling an improvement notice to be served to require compliance with regulations 3, 4 and 5. The provisions, as applied, make the failure to comply with an improvement notice an offence under section 10(2). Regulation 7 imposes an obligation on food authorities to enforce these Regulations. Regulation 8 revokes previous Regulations (as set out above). Regulation 9 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them. No impact assessment has been prepared for this instrument as no impact, or no significant impact, on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside the Regulations on www.legislation.gov.uk.

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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