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The Food Information (Amendment of Transitional Provisions) (England) Regulations 2022

S.I. 2022/938 · Made 5 September 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Agriculture, England

Food, England

Made 5th September 2022

Laid before Parliament 6th September 2022

Coming into force 30th September 2022

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(e) and 48(1)(c) of the Food Safety Act 1990f1.

In accordance with section 48(4A) of the Food Safety Act 1990f2, the Secretary of State has had regard to relevant advice given by the Food Standards Agency.

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 safetyf3.

Annotations to the whole text

Footnotes

f1

1990 c. 16. Sections 16(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28).

f2

Subsection (4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.

f3

EUR 2002/178, to which there are amendments not relevant to these Regulations.

Contents

  1. Part 1: Introductory
  2. 1Citation, commencement, extent and application
  3. Part 2: Amendments to subordinate legislation
  4. 2The Quick-frozen Foodstuffs (England) Regulations 2007
  5. 3The Marketing of Fresh Horticultural Produce Regulations 2009
  6. 4The Beef and Veal Labelling Regulations 2010
  7. 5The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013
  8. 6The Food Safety and Hygiene (England) Regulations 2013
  9. 7The Food Information Regulations 2014
  10. 8The Country of Origin of Certain Meats (England) Regulations 2015
  11. 9The Honey (England) Regulations 2015
  12. 10The Caseins and Caseinates (England) Regulations 2017
  13. Part 3: Amendments to retained direct EU legislation
  14. 11Commission Regulation (EC) No 1825/2000
  15. 12Commission Regulation (EC) No 589/2008
  16. 13Commission Implementing Regulation (EU) No 543/2011
  17. 14Commission Implementing Regulation (EU) No 29/2012
  18. 15Commission Delegated Regulation (EU) 2019/33
  19. Signature
  20. Explanatory note

1Citation, commencement, extent and application

(1)

These Regulations may be cited as the Food Information (Amendment of Transitional Provisions) (England) Regulations 2022 and come into force on 30 September 2022.

(2)

These Regulations extend to England and Wales but apply in relation to England only.

2The Quick-frozen Foodstuffs (England) Regulations 2007

In regulation 12 (transitional provisions: withdrawal from the EU) of the Quick-frozen Foodstuffs (England) Regulations 2007f1, in paragraph (b), for the words from “the last” to “falls” substitute “1 January 2024”.

3The Marketing of Fresh Horticultural Produce Regulations 2009

In regulation 24 (transitional provisions: withdrawal from the EU) of the Marketing of Fresh Horticultural Produce Regulations 2009f1, in paragraphs (1)(a) and (2)(a), for the words from “the end” to “falls” substitute “1 January 2024”.

4The Beef and Veal Labelling Regulations 2010

In regulation 4 (offences under European legislation) of the Beef and Veal Labelling Regulations 2010f1, for paragraph (4) substitute—

“(4)

Paragraphs (1)(a)(vi) and (1)(b)(ii) do not apply if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before 1 January 2024, and

(b)

either—

(i)

in the case of paragraph (1)(a)(vi), would not have constituted a contravention of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Councilf2 as that Regulation had effect in EU law immediately before IP completion dayf3, or

(ii)

in the case of paragraph (1)(b)(ii) and where the alleged contravention is a failure to comply with Article 2(2)(b) of Commission Regulation (EC) No 1825/2000f4, would not have constituted a contravention of that provision as it had effect in EU law immediately before IP completion dayf5.”.

5The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013

In regulation 23 (transitional provisions: withdrawal from the EU) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013f1, in paragraph (1)(b), for the words from “the last” to “falls” substitute “1 January 2024”.

6The Food Safety and Hygiene (England) Regulations 2013

In regulation 19 (offences and penalties) of the Food Safety and Hygiene (England) Regulations 2013f1, in paragraph (9)(b)(ii), for “21 months after IP completion day ends” substitute “31 December 2023”.

7The Food Information Regulations 2014

In regulation 16 (transitional provisions: withdrawal from the EU) of the Food Information Regulations 2014f1, in paragraph (1)(a), for the words from “the last” to “falls” substitute “1 January 2024”.

8The Country of Origin of Certain Meats (England) Regulations 2015

In regulation 8 (transitional provisions: withdrawal from the EU) of the Country of Origin of Certain Meats (England) Regulations 2015f1, in paragraph (2)(a), for the words from “within the” to the end substitute “before 1 January 2024”.

9The Honey (England) Regulations 2015

In regulation 22A (transitional provisions: withdrawal from the EU) of the Honey (England) Regulations 2015f1, in paragraph (2)(a), for the words from “within the” to the end substitute “before 1 January 2024”.

10The Caseins and Caseinates (England) Regulations 2017

In regulation 10 (transitional provision: withdrawal from the EU) of the Caseins and Caseinates (England) Regulations 2017f1, in paragraph (1)(a), for the words from “the last” to “falls” substitute “1 January 2024”.

11Commission Regulation (EC) No 1825/2000

In Article 2 (labelling where information is not available) of Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products, in paragraphs 3 and 4, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

12Commission Regulation (EC) No 589/2008

In Article 30 (imported eggs) of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggsf1, in paragraph 3, for the words from “for a period” to “falls” substitute “for the period beginning with 30 September 2022 and ending with 31 December 2023”.

13Commission Implementing Regulation (EU) No 543/2011

(1)

Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectorsf1 is amended as follows.

(2)

In Article 7 (mixes), in paragraph 4(b), for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

(3)

In Annex 1 (marketing standards referred to in Article 3)—

(a)

in Part A (general marketing standards), in point 4(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”; and

(b)

in Part B (specific marketing standards), in each of Parts 1 to 10, in point 6(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

14Commission Implementing Regulation (EU) No 29/2012

In Article 2 of Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oilf1, in point (b) of the third paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

15Commission Delegated Regulation (EU) 2019/33

In Article 46 (indication of the bottler, producer, importer and vendor) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentationf1, in paragraph 1, in points (a) and (d), for “30 September 2022” substitute “31 December 2023”.

Signature

Victoria Prentis

Minister of State

Department for Environment, Food and Rural Affairs

5th September 2022

Explanatory note

(This note is not part of the Regulations)

These Regulations make amendments to existing transitional provisions contained in statutory instruments and in retained direct EU legislation which relate to various food labelling requirements. The amendments, which only apply in England, extend previous transitional arrangements, which were due to expire at the end of September 2022, so that they continue to apply until the end of 2023.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the public, private or voluntary sector is foreseen.