Introductory text

Food

Made 21st November 2014

Laid before Parliament 24th November 2014

Coming into force 13th December 2014

The Secretary of State is designated^f1 for the purposes of section 2(2) of the European Communities Act 1972^f2 in relation to the common agricultural policy, and makes these Regulations in exercise of the powers conferred by sections 6(4)^f3, 16(1)^f4, 17(2)^f5, 26(3)^f6 and 48(1)^f7 of the Food Safety Act 1990^f8 and now vested in the Secretary of State^f9, and by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972^f10.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for references to the following Regulations to be construed as references to those Regulations as amended from time to time—

(a)

Council Regulation (EC) No. 1379/2013 of the European Parliament and of the Council on the common organisation of the markets in fishery and aquaculture products^f11; and

(b)

Council Regulation (EC) No. 1224/2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy^f12.

The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990^f13.

There has been consultation, as 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^f14, during the preparation and evaluation of these Regulations.

Annotations

Footnotes

f1: S.I. 1972/1811. The power of the Secretary of State, as a designated Minister, to make regulations which extend to Northern Ireland remains exercisable by virtue of S.I. 2000/2812.
f2: 1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7).
f3: Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c.40), paragraph 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999 (c.28) and S.I. 2002/794.
f4: Section 16(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.
f5: Section 17(2) was amended by paragraphs 8 and 12(b) of Schedule 5 to the Food Standards Act 1999 and S.I. 2011/1043.
f6: Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.
f7: Section 48(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999.
f8: 1990 c.16.
f9: Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales, acting jointly, and, in relation to Scotland, the Secretary of State) are now exercisable by the Secretary of State in relation to England by virtue of paragraph 8 of Schedule 5 to the Food Standards Act 1999. The power of the Secretary of State to make regulations which apply in Wales or extend to Scotland remains exercisable in relation to functions that are not “exercisable in relation to Wales” (and that accordingly are not transferred by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672)) nor “exercisable in or as regards Scotland” (and accordingly are not transferred by the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849)) respectively.
f10: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.
f11: OJ No. L 354, 28.12.2013, p 1, as last amended by Council Regulation (EU) No. 1385/2013 (OJ No. L 354, 28.12.2013, p. 86).
f12: OJ No. L 343, 22.12.2009, p 1, as last amended by Regulation (EU) No. 508/2014 of the European Parliament and of the Council on the European Maritime and Fisheries Fund (OJ No. L 149 (20.5.2014, p 1).
f13: Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.
f14: OJ No. L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) No. 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ No. L 189, 27.6.2014, p. 1).