UK Offence Report

The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020

UK Statutory Instrument 2020 No. 1410 — creates 13 criminal offences.

13offences created
0recorded in force
0revoked
Made
2 December 2020
In force from
Not determined
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 amend— a the Fishery Products (Official Controls Charges) (England) Regulations 2007 (S.I. 2007/3392); b the Official Feed and Food Controls (England) Regulations 2009 (S.I. 2009/3255); c the Materials and Articles in Contact with Food (England) Regulations 2012 (S.I. 2012/2619); d the Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996); e the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 (S.I. 2015/255); and f the Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 (S.I. 2015/454). Regulation 2 amends the Fishery Products (Official Controls Charges) (England) Regulations 2007 to correct a minor drafting error. Regulation 3 amends the Official Feed and Food Controls (England) Regulations 2009 to— a insert revised Schedules 1 and 6 to refer to recent EU legislation (regulation 3(2)(b), (9) and (12)); b revise the provision regarding offences in relation to certification arrangements for sprouts and seeds intended for the production of sprouts to refer to recent EU legislation (regulation 3(7)); c ensure charges and fees can be imposed on an operator by a competent authority in respect of unplanned official controls, and make consequential provision as a result (regulation 3(6) and (8)); d insert revised Schedules 4 and 5 to update the competent authority designations for the purpose of Regulation (EU) 2017/625 (regulation 3(10) and (11)). Regulation 4 amends the Materials and Articles in Contact with Food (England) Regulations 2012 (“the MACF Principal Regulations”) to— a provide for the execution and enforcement of— i Commission Regulation (EC) No. 282/2008 on recycled plastic materials and articles intended to come into contact with food and amending Regulation (EC) No 2023/2006 (OJ No. L86, 28.3.2008, p.9) (regulation 4(7)); and ii Commission Regulation (EU) No. 2018/213 on the use of bisphenol A in varnishes and coatings intended to come into contact with food and amending Regulation (EU) No 10/2011 as regards the use of that substance in plastic food contact materials (OJ No. L 41, 14.2.2018, p. 6) (regulation 4(9)); b remove the penalty of imprisonment from several offences (substituted regulation 19 of the MACF Principal Regulations) (regulation 4(10)); c provide that an authorised officer who has reasonable grounds for believing that any person has not complied with, is not complying with or is not likely to comply with various specified provisions (relating to declarations of compliance or supporting documentation) may serve a compliance notice on that person requiring that person to take the steps stated in the notice (new regulations 19A and 19B of the MACF Principal Regulations) (regulation 4(11)). There is a right of appeal against a compliance notice (new regulation 19C of the MACF Principal Regulations) (regulation 4(11)). Regulation 5 amends the Food Safety and Hygiene (England) Regulations 2013 to— a insert a revised Schedule 1 to refer to recent EU legislation (regulation 5(2)(b) and (3)); b revise the definition of the Regulation 2017/625 package to refer to recent EU legislation (regulation 5(2)(a)(ii)). These Regulations amend the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 and the Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 to provide for the execution and enforcement of Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC (OJ No. L67, 5.3.2020, p.1.) (regulations 6 and 7). These Regulations amend the Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 to update references to EU legislation (regulation 7). A full impact assessment of the effect that regulation 4 (which amends the Materials and Articles in Contact with Food (England) Regulations 2012) will have on the costs of the public, private or voluntary sector is available from the Food Standards Agency, Clive House, 70 Petty France, London SW1H 9EX, and is also available together with these Regulations at www.legislation.gov.uk. A full impact assessment was not considered necessary for the other parts of these Regulations.

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

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

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

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