The Contaminants in Food (Amendment) (EU Exit) Regulations 2019

These Regulations may be cited as the Contaminants in Food (Amendment) (EU Exit) Regulations 2019 and come into force on exit day.

Council Regulation (EEC) No. 315/93 laying down Community procedures for contaminants in food is amended as follows.

In Article 1(1) after the definition of ‘Contaminant’ insert—

• ““Food Safety Authority” means—

  1. (a)

     as regards England, Wales and Northern Ireland, the Food Standards Agency;

  2. (b)

     as regards Scotland, Food Standards Scotland;

• “appropriate authority” means—

  1. (a)

     in relation to England, the Secretary of State;

  2. (b)

     in relation to Wales, the Welsh Ministers;

  3. (c)

     in relation to Scotland, the Scottish Ministers;

  4. (d)

     in relation to Northern Ireland, the Northern Ireland devolved authority;

• “Northern Ireland devolved authority” means the Department of Health.”.

In Article 1(2)—

For the first subparagraph of Article 2(3) substitute—

“3.

In order to protect public health and pursuant to paragraph (1), the appropriate authority may by regulations made in accordance with this Regulation make provision where necessary to establish the maximum tolerances for specific contaminants. These measures are designed to amend non-essential elements of this Regulation by supplementing it.”.

In the second subparagraph of Article 2(3) omit “Community”.

After the second subparagraph of Article 2(3) insert—

“4.

Any power to make regulations under this Regulation—

(a)

so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b)

so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

(c)

so far as exercisable by the Northern Ireland devolved authority is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (SI 1979/1573 (NI 12)) (and not by statutory instrument).

5.

For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010^f1 (Scottish statutory instruments).

6.

Any power to make regulations under this Regulation includes power—

(a)

to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b)

to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

7.

Any statutory instrument, Scottish statutory instrument or statutory rule containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a)

in the case of England, of either House of Parliament;

(b)

in the case of Wales, of the National Assembly for Wales;

(c)

in the case of Scotland, of the Scottish Parliament;

(d)

in the case of Northern Ireland, being a negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954^f2.

8.

In this Regulation, any power—

(a)

of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b)

of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c)

of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

(d)

of the Northern Ireland devolved authority to make regulations is limited to regulations which apply in relation to Northern Ireland only.”.

In Article 3 for “of the Scientific Committee for Food” substitute “with the Food Safety Authority”.

Omit Articles 4, 5, 6, 7 and 8.

After Article 9 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commission Regulation (EC) No. 401/2006 laying down the methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs is amended as follows.

After Article 4 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

In Annex 1 paragraph A.3.1 omit “as designated by the Member State”.

In Annex 1 paragraph A.3.6 for “Member States’” substitute “United Kingdom”.

In Annex 1 paragraph A3.8 for “the rules of the Member State” substitute “United Kingdom rules”.

In Annex 1 paragraph L1 in the fourth subparagraph for “Union” substitute “legal”.

In Annex 2 paragraph 3 for “Member States” substitute “United Kingdom”.

Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs is amended as follows.

In Article 2—

Omit Article 7(4) and (5).

In Article 7(6)—

In Article 7(7)—

Omit Article 9.

After Article 12 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commission Regulation (EC) No. 1882/2006 laying down methods of sampling and analysis for the official control of the levels of nitrates in certain foodstuffs is amended as follows.

After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

In the Annex—

Commission Regulation (EC) No. 333/2007 laying down the methods of sampling and analysis for the control of the levels of trace elements and processing contaminants in foodstuffs is amended as follows.

After Article 3 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

In the Annex—

Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable carry-over of those substances in non-target feed is amended as follows.

After Article 2 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC is amended as follows.

After Article 3 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

In the Annex—

Commission Regulation (EU) 2017/644 laying down methods of sampling and analysis for the control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain foodstuffs and repealing Regulation (EU) No. 589/2014 is amended as follows.

After Article 6 omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

In Annex 1 paragraph 1.1 for “the Annex to Recommendation 2013/711/EU” substitute “Annex 5”.

In Annex 2, in Section 2—

After Annex 4 insert the Annex set out in the Schedule to these Regulations.

“ANNEX 5

For the purposes of this Annex the following definitions apply—

• “Dioxins + furans (WHO-TEQ)” means the sum of polychlorinated dibenzo-para-dioxins (PCDDs) and polychlorinated dibenzofurans (PCDFs), expressed as World Health Organisation (WHO) toxic equivalent using the WHO-toxic equivalency factors (WHO-TEFs);

• “Dioxin-like PCBs (WHO-TEQ)” means the sum of polychlorinated biphenyls (PCBs), expressed as WHO toxic equivalent using the WHO-TEFs;

• “WHO-TEFs” means the World Health Organisation toxic equivalence factors for human risk assessment based on the conclusions of the World Health Organization (WHO) — International Programme on Chemical Safety (IPCS) expert meeting which was held in Geneva in June 2005 (Martin van den Berg et al., The 2005 World Health Organization Re-evaluation of Human and Mammalian Toxic Equivalency Factors for Dioxins and Dioxin-like Compounds. Toxicological Sciences 93(2), 223–241 (2006)).

Food	Action level for dioxins and furans (WHO-TEQ)f1	Action level for dioxin-like PCBs (WHO-TEQ)
(1) Upperbound concentrations: Upperbound concentrations are calculated assuming that all the values of the different congeners less than the limit of quantification are equal to the limit of quantification.
(2) Foodstuffs listed in this category as defined in Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin.
(3) The action levels are not applicable for food products containing < 2 % fat.
(4) For dried fruits and dried vegetables (including dried herbs), Article 2 of Regulation (EC) No 1881/2006 is applicable. For dried herbs, a concentration factor as the consequence of drying of 7 has to be taken into account.
Meat and meat products (excluding edible offal)f2 of the following animals
—bovine animals and sheep	1,75 pg/g fat f3	1,75 pg/g fat
— poultry	1,25 pg/g fat	0,75 pg/g fat
— pigs	0,75 pg/g fat	0,50 pg/g fat
—Mixed fats	1,00 pg/g fat	0,75 pg/g fat
Muscle meat of farmed fish and farmed fishery products	1,50 pg/g wet weight	2,50 pg/g wet weight
Raw milk and dairy products , including butter fat	1,75 pg/g fat	2,00 pg/g fat
Hen eggs and egg products	1,75 pg/g fat	1,75 pg/g fat
Clays as food supplement	0,50 pg/g wet weight	0,50 pg/g wet weight
Cereals and oilseeds	0,50 pg/g wet weight	0,35 pg/g wet weight
Fruits and vegetables (including fresh herbs) f4	0,30 pg/g wet weight	0,10 pg/g wet weight

”

(This note is not part of the Regulations)