The Novel Foods (England) Regulations 2018

UK Statutory Instrument 2018 No. 154 — creates 3 criminal offences.

3offences created

0recorded in force

0revoked

Made: 6 February 2018
In force from: 8 March 2018
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 Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations provide for the enforcement and execution of certain specified provisions of Regulation (EU) 2015/2283 of the European Parliament and of the Council amending Regulation (EU) No. 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No. 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No. 1852/2001. Regulation (EU) 2015/2283 revises the requirements for placing novel foods on the market. The requirements have been updated in accordance with technical and scientific progress and include an updated definition of what constitutes a “novel food” and the European Commission will establish a European Union list of approved novel foods. Regulation 3 makes food authorities responsible for the enforcement of these Regulations. Regulation 4 provides for an offence and penalty. Regulation 5 applies Schedules 2 and 3 of the Regulations. These Schedules give power to food authorities to issue various civil sanctions and notices upon food businesses to enforce compliance with Regulation (EU) 2015/2283. Regulation 6 provides for appeals of civil sanctions and notices. Regulation 7 applies specified provisions of the Food Safety Act 1990 (1990 c.16) (with modifications) to these Regulations. Regulation 8 revokes the Novel Foods and Novel Food Ingredients Regulations 1997 (S.I. 1997/1335) and the Novel Foods and Novel Food Ingredients (Fees) Regulations 1997 (S.I. 1997/1336) in relation to England. Regulation 9 provides for periodic review of the operation and effectiveness of the Regulations, and for publication of a report setting out the conclusions of each review. A full impact assessment of the effect that these Regulations will have on the costs of business and food authorities is available from the Food Standards Agency, 125 Kingsway, London WC2B 6NH, and is also available together with these Regulations at www.legislation.gov.uk.

Offences created by this instrument

Where a person on whom a stop notice is served does not comply with it within the time limit specified in the notice,… paragraph 10 of SCHEDULE 3 · Status not determined · Strict liability
A person who contravenes or fails to comply with any of the specified Union provisions as read with Article 35(2) of… regulation 4 · Status not determined · Strict liability
Application of various provisions of the Act regulation 7(2) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Dog Meat in the UK Commons · Westminster Hall · 21 February 2019 · David Rutley
I recognise the hon. Gentleman’s frustration and desire to move things forward. I can assure him, on the sentencing point, that that cannot be done by secondary legislation. It requires primary legislation, and that is why we are in this situation. However, I can assure him and others in this Chamber that we are moving forward on that front. The same would apply to animal sentience, on which there was clearly an outpouring of concern several months ago. We are actively working on that issue with stakeholders. I paid tribute earlier to service animals. To underline the Government’s commitment…

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure: Made negative — law unless a motion to stop it succeeded
Could either House amend it?: No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

Instrument created 6 February 2018
Instrument made (signed into law) 6 February 2018
Laid before the House of Commons 8 February 2018 · Commons
Laid before the House of Lords 8 February 2018 · Lords
Considered by the Joint Committee on Statutory Instruments (JCSI) 21 February 2018 · Commons, Lords
Not drawn to the special attention of the Houses by the Joint Committee on Statutory Instruments (JCSI) 21 February 2018 · Commons, Lords
Considered by the Secondary Legislation Scrutiny Committee (SLSC) 27 February 2018 · Lords
No comment by the Secondary Legislation Scrutiny Committee (SLSC) 27 February 2018 · Lords
Objection period ends 16 April 2018
Instrument remains law 16 April 2018
Procedure concluded in the House of Commons and the House of Lords 16 April 2018 · Commons, Lords
Instrument comes into force as law Date not recorded

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2018