OpenLegislation

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019

S.I. 2019/642 · Made 18 March 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.

Exiting The European Union

Agriculture

Food

Made 18th March 2019

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 M1.

In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

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 there has been open and transparent public consultation during the preparation of the following Regulations.

Annotations to the whole text

Marginal citations

M1

2018 c.16.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. Part 2: Amendment of retained direct EU legislation
  4. 2Amendment of Regulation (EC) 852/2004
  5. 3Regulation 3
  6. 4Regulation 4
  7. 5Regulation 5
  8. 6Regulation 6
  9. 7Regulation 7
  10. 8Regulation 8
  11. 9Regulation 9
  12. 10Regulation 10
  13. 11Regulation 11
  14. 12Regulation 12
  15. 13Regulation 13
  16. 14Regulation 14
  17. 15Regulation 15
  18. 16Regulation 16
  19. 17Regulation 17
  20. 18Regulation 18
  21. 19Regulation 19
  22. 20Amendment of Regulation (EC) 2073/2005
  23. 21Regulation 21
  24. 22Regulation 22
  25. 23Regulation 23
  26. 24Regulation 24
  27. 25Amendment of Regulation (EU) 579/2014
  28. 26Regulation 26
  29. 27Amendment of Regulation (EU) 2017/2158
  30. 28Regulation 28
  31. 29Regulation 29
  32. 30Regulation 30
  33. 31Regulation 31
  34. Signature
  35. Explanatory note

1Citation and commencementI1

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

2Amendment of Regulation (EC) 852/2004I1

Regulation (EC) 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs is amended as follows.

3I1

In Article 1—

F1(a)

in paragraph 1(g), for “the Community” substitute “Great Britain”;

(b)

omit paragraph 3.

4I1

In Article 2, in paragraph 1—

(a)

in point (d), omit “of a Member State”;

(b)

for point (g), substitute—

“(g)

“potable water” means—

(i)

as regards England, water meeting the requirements laid down in the Private Water Supplies (England) Regulations 2016 M1;

(ii)

as regards Wales, water meeting the requirements laid down in the Private Water Supplies (Wales) Regulations 2017 M2;

(iii)

as regards Scotland, water meeting the requirements laid down in the Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 M3;

F1(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”;

(c)

after point (o), insert—

“(p)

“Food Safety Authority” means—

(i)

as regards F2England and Wales, the Food Standards Agency;

(ii)

as regards Scotland, Food Standards Scotland;

(q)

“prescribed” means prescribed by regulations;

(r)

“appropriate authority” means—

(i)

in relation to England, the Secretary of State;

(ii)

in relation to Wales, the Welsh Ministers;

(iii)

in relation to Scotland, the Scottish Ministers;

F3(iv)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(s)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

5I1

In Article 4—

(a)

for paragraph 4, substitute—

“

4

The criteria, requirements and targets referred to in paragraph 3, and associated sampling and analysis methods shall be prescribed by the appropriate authority.”;

F1(b)

in paragraph 5, for “Community or national legislation” substitute “ applicable legislation in force in the relevant constituent territory of Great Britain ”.

6I1

In Article 5, omit paragraph 5.

7I1

In Article 6—

(a)

for paragraph 1, substitute—

“

1

Food business operators shall cooperate with the competent authorities in accordance with F1the legislation in force in the relevant constituent territory of Great Britain.”;

(b)

for paragraph 3, substitute—

“

3

However, food business operators shall ensure that establishments are approved by the competent authority, following at least one on-site visit, when approval is required under Regulation (EC) No. 853/2004.”.

8I1

For Article 7, substitute—

“The Food Safety Authority shall encourage the development of guides to good practice for hygiene and for the application of the HACCP principles in accordance with Article 8. The dissemination and use of guides shall be encouraged. Nevertheless, food business operators may use these guides on a voluntary basis.”.

9I1

In Article 8—

(a)

in the heading, omit “National”;

(b)

in paragraph 1, omit “national”;

(c)

for paragraph 2, substitute—

“

2

Guides may be developed under the aegis of a standards institute”.

(d)

in paragraph 3, for the first line, substitute—

“The Food Safety Authority shall assess guides in order to ensure that—”;

(e)

omit paragraph 4;

(f)

omit paragraph 5.

10I1

Article 9 is omitted.

11I1

Article 12 is omitted.

12I1

In Article 13—

(a)

for paragraph 1, substitute—

“

1

Annexes 1 and 2 may be adapted or updated by the appropriate authority taking into account—

(a)

the need to revise the recommendations set out in Annex 1. Part B, paragraph 2;

(b)

the experience gained from the implementation of HACCP-based systems pursuant to Article 5;

(c)

technological developments and their practical consequences and consumer expectations with regard to food composition;

(d)

scientific advice, particularly new risk assessments;

(e)

microbiological and temperature criteria for foodstuffs.”;

(b)

for paragraph 2, substitute—

“

2

Derogations from Annexes 1 and 2 may be prescribed by the appropriate authority, in particular in order to facilitate the implementation of Article 5 for small businesses, taking into account the relevant risk factors, provided that such derogations do not affect the achievement of the objectives of this Regulation.”;

(c)

for paragraph 3, substitute—

“

3

Nothing in this Regulation prevents the appropriate authority from using any power which the appropriate authority has to make subordinate legislation adapting the requirements set down in Annex 2 where that legislation does not compromise the achievement of the objectives of this Regulation and—

(a)

the adaptations have the aim of—

(i)

enabling the continued use of traditional methods, at any of the stages of production, processing or distribution of food; or

(ii)

accommodating the needs of food businesses situated in regions that are subject to special geographical constraints;

(b)

in cases not involving the matters at (a), the adaptations apply only to the construction, layout and equipment of establishments.”;

(d)

omit paragraphs 4, 5, 6 and 7.

13I1

In Article 14—

(a)

for the heading, substitute “ Regulations and devolved powers ”;

(b)

for the Article, substitute—

“

1

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;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 (Scottish statutory instruments).

3

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.

4

Any statutory instrument, Scottish statutory instrument F2... 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 F3Senedd Cymru;

(c)

in the case of Scotland, of the Scottish Parliament;

F4(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

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;

F5(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

14I1

In Article 15—

(a)

in the heading, omit “European”;

(b)

in the Article—

(i)

for “Commission”, substitute “ appropriate authority ”;

(ii)

omit “European”.

15I1

Omit Article 16.

16I1

In Article 17, omit paragraph 4.

17I1

After Article 18, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

18I1

In Annex 1—

F1(a)

in Part A, in paragraph 3, for “Community and national legislative provisions” substitute “legislation in force in the relevant constituent territory of Great Britain”;

(b)

in Part B—

(i)

for paragraph 1, substitute—

“

1

Guides referred to in Article 7 of this Regulation should contain guidance on good hygiene practice for the control of hazards in primary production and associated operations.”;

F2(ii)

in paragraph 2, at the beginning, for “Community and national legislation or national and Community programmes” substitute “legislation in force in the relevant constituent territory of Great Britain”.

19I1

In Annex 2 —

(a)

in Chapter 4, in paragraph 4, for “in one or more Community languages”, substitute, “ in English, or, in English and Welsh ”;

(b)

in Chapter 6, in paragraph 4, omit “Community”;

(c)

in Chapter 12, in paragraph 3, for “national” substitute “ United Kingdom ”.

20Amendment of Regulation (EC) 2073/2005I1

Regulation (EC) 2073/2005 on microbiological criteria for foodstuffs is amended as follows.

21I1

In Article 1, in the second paragraph, omit “Community”.

22I1

In Article 2—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

in paragraph (h), for “Commission Directive 91/321/EEC”, substitute “ Regulation (EU) No 609/2013 ”;

(c)

in paragraph (i), for “Commission Directive 1999/21/EC”, substitute “ Regulation (EU) No 609/2013 ”.

23I1

Omit Article 8.

24I1

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

25Amendment of Regulation (EU) 579/2014I1

Regulation (EU) 579/2014 granting derogation from certain provisions of Annex 2 to Regulation (EC) 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea is amended as follows.

26I1

After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

27Amendment of Regulation (EU) 2017/2158I1

Regulation (EU) 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food is amended as follows.

28I1F1

In Article 1, omit “Union”.

29I1

In Article 3, after paragraph (2), insert—

“(3)

“competent authority” means the central authority competent to ensure compliance with the requirements of this Regulation or any other authority to which that central authority has delegated competence;

(4)

“appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(d)

F1 . . . . . . . . . . . . . . . . . . . . . . ”.

30I1

In Article 5—

(a)

in the first paragraph, for “Commission”, substitute “ appropriate authority ”;

(b)

in the second paragraph, omit “from the Authority's database related to the review period and provided to the Authority's database by competent authorities and food business operators”.

31I1

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

Signature

Signed by authority of the Secretary of State for Health and Social Care.

Steve Brine

Parliamentary Under-Secretary of State,

Department of Health and Social Care

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c.16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the UK from the European Union. In particular, the Regulations address the deficiency specified in section 8(2)(b) of that Act, namely the conferral of functions by retained EU law on, or in relation to, EU entities which no longer have functions in that respect under EU law in relation to the United Kingdom.

These Regulations make amendments to legislation in the field of food and, in particular, amend legislation relating to general hygiene rules for food of animal origin. Part 2 amends retained direct EU legislation for the whole United Kingdom.

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.