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Article 16 Additional requirements

United Kingdom

Original text. Later amendments are not shown.

1.

In the areas governed by the rules provided for in this Section, those rules shall apply in addition to the other rules set out in this Regulation.

2.

When F1making regulations provided for in this Section, the appropriate authority shall take into account the following:

(a)

the experience gained by competent authorities and food and feed business operators when applying the procedures referred to in Article 5 of Regulation (EC) No 852/2004 of the European Parliament and of the Councilf1 and Article 6 of Regulation (EC) No 183/2005 of the European Parliament and of the Councilf2;

(b)

scientific and technological developments;

(c)

consumer expectations with regard to food composition and changes in patterns of consumption of food;

(d)

risks to human and animal health and plant health associated with animals and goods; and

(e)

information on possible intentional violations perpetrated through fraudulent or deceptive practices.

3.

When F2making regulations provided for in this Section, and insofar as this does not prevent the achievement of the objectives pursued by the rules referred to in Article 1(2), the F3appropriate authority shall also take into account the following:

(a)

the need to facilitate the application of the F4regulations, taking into account the nature and the size of small businesses;

(b)

the need to enable the continued use of traditional methods at any stage of production, processing or distribution of food, and the production of traditional foods; and

(c)

the needs of operators situated in regions that are subject to specific geographical constraints.

Annotations

Textual amendments

F1

Words in Art. 16(2) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(a) (with reg. 46)

F2

Words in Art. 16(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(i)(aa) (with reg. 46)

F3

Words in Art. 16(3) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(i)(bb) (with reg. 46)

F4

Word in Art. 16(3)(a) substituted (31.12.2020) by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 6(1)(b)(ii) (with reg. 46)

Footnotes

f1

Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p. 1).

f2

Regulation (EC) No 183/2005 of the European Parliament and of the Council of 12 January 2005 laying down requirements for feed hygiene (OJ L 35, 8.2.2005, p. 1).

Notes on Title II

Textual amendments

F1

Words in Title 2 heading omitted (31.12.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 4(1) (with reg. 46)