Introductory text

England and Wales

Agriculture, England

Made 25th March 2019

Laid before Parliament 26th March 2019

Coming into force 17th April 2019

The Secretary of State makes the following Regulations in exercise of the powers conferred on him by sections 66(1), 74A(1) and 84 of the Agriculture Act 1970^f1, as read with regulation 14 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000^f2.

In so far as these Regulations cannot be made under the powers in the Agriculture Act 1970 specified above, the Secretary of State makes these Regulations in exercise of his powers as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972^f3 in relation to the common agricultural policy of the European Union^f4, the control and regulation of genetically modified organisms^f5, measures in the veterinary and phytosanitary fields for the protection of public health^f6 and measures relating to feed produced for or fed to food-producing animals^f7.

There has been open and transparent public consultation during the preparation of these Regulations in accordance with the requirements of [Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety^f8 or, in the case of provisions relating to feed for food-producing animals, of] section 84 of the Agriculture Act 1970.

Annotations

Footnotes

f1: 1970 c.40. Section 66(1) contains definitions of the expressions “the Ministers”, “prescribed” and “regulations”. The definition of “the Ministers” was amended by the Transfer of Functions (Wales) (No. 1) Order 1978 (S.I. 1978/272), Schedule 5, paragraph 1. Functions of “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c.32). Those functions, so far as exercisable in relation to Scotland, were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). By virtue of S.I. 1999/3141, functions of the Secretaries of State for Wales and Scotland previously exercisable in relation to England ceased to be so exercisable and were transferred to the Minister of Agriculture, Fisheries and Food. Functions of the Minister of Agriculture were transferred to the Secretary of State by the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I .2002/794). Section 74A was inserted by the European Communities Act 1972 (1972 c. 68), Schedule 4, paragraph 6. Sections 66(1) and 84 were amended by S.I. 2004/3254. Section 66(1) was also amended by S.I. 2010/2280.
f2: S.I. 2000/656.
f3: 1972 c.68.
f4: S.I. 1972/1811, amended by S.I. 2002/794.
f5: S.I. 1991/755.
f6: S.I. 1999/2027.
f7: S.I. 2003/2901.
f8: OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EU) 2017/228 of 9 February 2017 (OJ No. L 35, 10.2.2017, p. 10).