Introductory text

FOOD

Made 5th July 2004

Laid before Parliament 5th July 2004

Coming into force 26th July 2004

The powers conferred by sections 45 and 48(1)(b) and (c) of the Food Safety Act 1990^f1 are now vested in the Secretary of State^f2.

The Secretary of State for Environment, Food and Rural Affairs has carried out the consultation required by section 48(4) of that Act and had regard, in accordance with section 48(4A) of that Act, to any relevant advice given by the Food Standards Agency.

She has carried out the consultation required by 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^f3.

Accordingly, in exercise of those powers, she makes the following Regulations:

Annotations

Footnotes

f1: 1990 c. 16. Section 45 was amended by paragraphs 8 and 20 of Schedule 5 to the Food Standards Act 1999 (c. 28) and section 48 was amended by paragraphs 8 and 21 of that Schedule.
f2: The powers, in so far as exercisable in relation to England, were transferred by article 2(6) of the Transfer of Functions (Agriculture and Food) Order 1999 (S.I. 1999/3141) to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and by article 2(3) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 (S.I. 2002/794) to the Secretary of State. In so far as they are exercisable in relation to Scotland, they were transferred to Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) but the Secretary of State retains a concurrent power to exercise them under section 57(1) of that Act. In so far as they are exercisable in relation to Wales, they were transferred to the National Assembly for Wales by article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) but the Ministers of the Crown responsible retained a concurrent power to exercise them under paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c. 38); that concurrent power became vested in the Secretary of State in consequence of the Food Standards Act 1999 (c. 28), section 40 and Schedules 5 and 6, but subject to any power of the Minister of Agriculture, Fisheries and Food, saved by regulation 13 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656), to join in making regulations in relation to charges for inspection in relation to residues of veterinary products; that joint power was transferred to the Secretary of State by article 2(3) of the Ministry of Agriculture, Fisheries and Food Dissolution Order 2002.
f3: OJ No.L23, 28.1.2000, p72.