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The Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019

S.I. 2019/1476 · Made 22 November 2019

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 22nd November 2019

Coming into force 14th December 2019

To be laid before Parliament

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972f1.

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animalsf2, the common agricultural policy of the European Communityf3 and measures in the veterinary and phytosanitary fields for the protection of public healthf4.

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 any reference to an EU instrument defined in Schedule 1 to the Food Safety and Hygiene (England) Regulations 2013f5 to be construed in accordance with regulation 2(6) of those Regulations as amended by these Regulations as a reference to that instrument as amended from time to time.

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 safetyf6 there has been open and transparent public consultation during the preparation of these Regulations.

Annotations to the whole text

Footnotes

f1

1972 c.68.

f2

S.I. 2003/2901.

f3

S.I. 1972/1811.

f4

S.I. 1999/2027.

f5

S.I. 2013/2996 as last amended by S.I. 2016/868.

f6

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ No. L198, 25.7.2019, p. 241).

Contents

  1. 1Title and commencement
  2. 2Amendment of the Official Feed and Food Controls (England) Regulations 2009
  3. 3Amendment of the Official Feed and Food Controls (England) Regulations 2009
  4. 4Amendment of the Official Feed and Food Controls (England) Regulations 2009
  5. 5Amendment of the Official Feed and Food Controls (England) Regulations 2009
  6. 6Amendment of the Official Feed and Food Controls (England) Regulations 2009
  7. 7Amendment of the Official Feed and Food Controls (England) Regulations 2009
  8. 8Amendment of the Official Feed and Food Controls (England) Regulations 2009
  9. 9Amendment of the Official Feed and Food Controls (England) Regulations 2009
  10. 10Amendment of the Official Feed and Food Controls (England) Regulations 2009
  11. 11Amendment of the Official Feed and Food Controls (England) Regulations 2009
  12. 12Amendment of the Official Feed and Food Controls (England) Regulations 2009
  13. 13Amendment of the Official Feed and Food Controls (England) Regulations 2009
  14. 14Amendment of the Official Feed and Food Controls (England) Regulations 2009
  15. 15Amendment of the Official Feed and Food Controls (England) Regulations 2009
  16. 16Amendment of the Official Feed and Food Controls (England) Regulations 2009
  17. 17Amendment of the Official Feed and Food Controls (England) Regulations 2009
  18. 18Amendment of the Official Feed and Food Controls (England) Regulations 2009
  19. 19Amendment of the Official Feed and Food Controls (England) Regulations 2009
  20. 20Amendment of the Official Feed and Food Controls (England) Regulations 2009
  21. 21Amendment of the Official Feed and Food Controls (England) Regulations 2009
  22. 22Amendment of the Official Feed and Food Controls (England) Regulations 2009
  23. 23Amendment of the Official Feed and Food Controls (England) Regulations 2009
  24. 24Amendment of the Official Feed and Food Controls (England) Regulations 2009
  25. 25Amendment of the Official Feed and Food Controls (England) Regulations 2009
  26. 26Amendment of the Official Feed and Food Controls (England) Regulations 2009
  27. 27Amendment of the Official Feed and Food Controls (England) Regulations 2009
  28. 28Amendment of the Official Feed and Food Controls (England) Regulations 2009
  29. 29Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011
  30. 30Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011
  31. 31Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011
  32. 32Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011
  33. 33Amendment of the Food Safety and Hygiene (England) Regulations 2013
  34. 34Amendment of the Food Safety and Hygiene (England) Regulations 2013
  35. 35Amendment of the Food Safety and Hygiene (England) Regulations 2013
  36. 36Amendment of the Food Safety and Hygiene (England) Regulations 2013
  37. 37Amendment of the Food Safety and Hygiene (England) Regulations 2013
  38. 38Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015
  39. 39Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015
  40. 40Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015
  41. 41Review
  42. Signature
  43. Schedule 1Schedule 1
  44. Schedule 2Schedule 2
  45. Schedule 3Schedule 3
  46. Schedule 4Schedule 4
  47. Schedule 5Schedule 5
  48. Explanatory note

1Title and commencement

These Regulations may be cited as the Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 and come into force on 14th December 2019.

2Amendment of the Official Feed and Food Controls (England) Regulations 2009

The Official Feed and Food Controls (England) Regulations 2009f1 are amended as follows.

3Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

in the definition “competent authority”, for “Regulation 882/2004” substitute “Regulation 2017/625”;

(ii)

for the definition that begins “Directive 2004/41” substitute—

  • ““Decision 2007/275”, “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666””;

(iii)

for the definition “the Import Provisions” substitute—

  • ““the Import Provisions” means Part 3 of these Regulations, Title 2 Chapter 5 of Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to product as defined in regulation 22;”;

(iv)

in the definition of “the Official Control Regulations”, for “Regulation 882/2004” substitute “Regulation 2017/625 and the Regulation 2017/625 package”;

(v)

after the definition “primary production” insert—

  • “”the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”;”;

(b)

in paragraph (3), for “Regulation 882/2004 or Regulation 669/2009” substitute “Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package” in both places it occurs.

4Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 3 (competent authorities)—

(a)

in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”;

(b)

in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”;

(c)

omit paragraph (5);

(d)

in paragraph (6), for “Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e)” substitute “Article 148 of Regulation 2017/625, the designation extends”.

5Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 4 (exchanging and providing information)—

(a)

in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”;

(b)

in paragraph (5), for “Regulation 882/2004” substitute “Regulation 2017/625”.

6Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 5 (obtaining information)—

(a)

in paragraph (1)—

(i)

for “control body” substitute “delegated body” in each place it occurs;

(ii)

for “Regulation 882/2004” substitute “Regulation 2017/625”;

(b)

in paragraph (4), for “control body” substitute “delegated body” in both places it occurs.

7Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 6 (power to issue codes of recommended practice)—

(a)

in paragraph (1)(a), for “Regulation 882/2004” substitute “Regulation 2017/625”;

(b)

in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”.

8Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 12 (right of appeal), in paragraph (1)—

(a)

in sub-paragraph (a), for “Article 31(2)(c) of Regulation 882/2004 (approval)” substitute “Article 148(3) of Regulation 2017/625 (approval)”;

(b)

in sub-paragraph (b), for “Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval)” substitute “Article 148(4) of Regulation 2017/625 (conditional approval and full approval)”;

(c)

in sub-paragraph (c), for “Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval)” substitute “Article 138(2)(j) of Regulation 2017/625 (suspension or withdrawal of approval)”.

9Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 14 (staff of competent authority of another member State), for “Article 36 of Regulation 882/2004” substitute “Article 104(3) of Regulation 2017/625”.

10Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 15 (Commission experts), in paragraph (1)—

(a)

for “to enable that expert” substitute “and a national expert, appointed for the purposes of Article 116(4) of Regulation 2017/625, to accompany and enable the Commission expert”;

(b)

for “Article 45 of Regulation 882/2004” substitute “Article 116 of Regulation 2017/625”.

11Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 17 (execution and enforcement)—

(a)

in paragraph (1), for “control body” substitute “delegated body”;

(b)

in paragraph (5)(b), after “Commission expert” insert “and, where relevant, a national expert”.

12Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 22 (interpretation of this Part of these Regulations)—

(a)

for the definition “product” substitute—

  • ““product” means feed and food whose import is regulated by Article 44 of Regulation 2017/625 and includes those composite products and foodstuffs which are not required to be subject to veterinary checks as provided in Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC;”;

(b)

in the definition “the relevant territories” for “Regulation 882/2004” substitute “Regulation 2017/625”;

(c)

for the definition “specified import provision” substitute—

  • ““specified import provision” means any provision of Regulation 2017/625 or the Regulation 2017/625 package that is specified in column 1 of Schedule 6 and whose subject-matter is described in column 2 of that Schedule.”.

13Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 23 (feed enforcement responsibilities and competent authority status)—

(a)

in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”;

(b)

omit paragraph (4).

14Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 24 (food enforcement responsibilities and competent authority status)—

(a)

in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”;

(b)

omit paragraph (4).

15Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 25 (functions of the Commissioners), for “customs services under Article 24 of Regulation 882/2004 and Article 10 of Regulation 669/2009” substitute “customs authorities under Articles 46, 57, 75 and 76 of Regulation 2017/625 and Article 4 of Regulation 2019/1793”.

16Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 27 (deferred execution and enforcement), in paragraph (6), for “Article 15(5) of Regulation 882/2004” substitute “Article 47(1)(d) and (2)(b) and Article 54(4) of Regulation 2017/625”.

17Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 29 (checks on products), in each place it occurs for “Article 16 of Regulation 882/2004” substitute “Articles 34(5) and (6), 44(2) and 45(1), (2) and (4) of Regulation 2017/625”.

18Amendment of the Official Feed and Food Controls (England) Regulations 2009

For regulation 30 (suspension of designation of points of entry) substitute—

“Withdrawal and suspension of border control posts

30.
(1)

Where the Agency is satisfied that a border control post has ceased to comply with the requirements referred to in Article 64 of Regulation 2017/625 and Regulation 2019/1014 it may withdraw the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.

(2)

Where the Agency is satisfied that the conditions referred to in Article 63(1) of Regulation 2017/625 apply it must suspend the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect and if there is a serious risk to human or animal health the suspension is to take immediate effect.

(3)

Upon service of a notice under paragraph (2), the border control post will cease to be a designated border control post to the extent specified in that notice until the suspension is removed by service by the Agency on the operator of the border control post of a written notice to that effect.

(4)

Where the Agency is satisfied that it is reasonable to withdraw or suspend the designation for reasons other than those referred to in paragraphs (1) and (2) it may do so for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.”.

19Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 31 (detention, destruction, special treatment, re-dispatch and other appropriate measures and costs)—

(a)

in paragraph 1 for “Articles 18 to 21 and 24(3) of Regulation 882/2004” substitute “Articles 46, 65 to 69 and 71 and 72 of Regulation 2017/625”;

(b)

for paragraph 2 substitute—

“(2)

The measures taken by the enforcement authority under Articles 66, 67 and 69 of Regulation 2017/625 pursuant to paragraph (1) are applied at the expense of the operator responsible for the consignment.”.

20Amendment of the Official Feed and Food Controls (England) Regulations 2009

For regulation 32 (notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)) substitute—

“Notices in relation to imports of feed and food from third countries

32.
(1)

If an authorised officer of an enforcement authority proposes to place a consignment of feed or food under official detention under Article 65, 66 or 67 of Regulation 2017/625 the officer must serve a notice to that effect on the operator responsible for it.

(2)

Before ordering the operator to take action in accordance with Article 66(3)(a), (b) or (c), the enforcement officer must hear that operator as provided in the fourth subparagraph of Article 66(3) of Regulation 2017/625 unless immediate action is necessary.

(3)

If an authorised officer of an enforcement authority proposes to take any of the measures referred to in Article 66 and 67 of Regulation 2017/625 in respect of a consignment of feed or food the officer must serve a notice to that effect on the operator responsible for it.”.

21Amendment of the Official Feed and Food Controls (England) Regulations 2009

For regulation 36 (costs and fees) substitute—

“Costs and fees

36.
(1)

The costs incurred by the enforcement authority in taking the measures for which the operator is liable under Articles 66, 67 and 69 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.

(2)

The costs of official controls and other activities as referred to in Article 80 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.”.

22Amendment of the Official Feed and Food Controls (England) Regulations 2009

In regulation 41 (offences and penalties)—

(a)

for paragraph (1)(b), substitute—

“(b)

contravenes or fails to comply with—

(i)

paragraph (3) of regulation 26; or

(ii)

paragraph (5) of regulation 27 or paragraph (4) or (5) of regulation 35;”;

(b)

in paragraph (2), for “Subject to paragraph (3)” substitute “Subject to paragraphs (3) and (4)”;

(c)

after paragraph (3), insert—

“(4)

A person guilty of an offence under paragraph (1)(a) or paragraph (1)(b)(i) is liable on either summary conviction or conviction on indictment to a fine.”.

23Amendment of the Official Feed and Food Controls (England) Regulations 2009

Omit regulation 43 (expenses arising from additional official controls).

24Amendment of the Official Feed and Food Controls (England) Regulations 2009

Omit regulation 44 (expenses arising in respect of co-ordinated assistance and follow-up by the Commission).

25Amendment of the Official Feed and Food Controls (England) Regulations 2009

For Schedule 1 (definitions of EU legislation) substitute the Schedule that is set out in Schedule 1 to these Regulations.

26Amendment of the Official Feed and Food Controls (England) Regulations 2009

For Schedule 4 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant feed law) substitute the Schedule that is set out in Schedule 2 to these Regulations.

27Amendment of the Official Feed and Food Controls (England) Regulations 2009

For Schedule 5 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant food law) substitute the Schedule that is set out in Schedule 3 to these Regulations.

28Amendment of the Official Feed and Food Controls (England) Regulations 2009

For Schedule 6 (specified import provisions) substitute the Schedule that is set out in Schedule 4 to these Regulations.

29Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011f1 are amended as follows.

30Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

In regulation 7 (expenses arising from official controls)—

(a)

in paragraph (1), for “Article 27(1) of Regulation 882/2004” substitute “Article 80 of Regulation 2017/625”;

(b)

in paragraph (2), for “Article 54(5) of Regulation 882/2004” substitute “Article 138(4) of Regulation 2017/625”;

(c)

for paragraph (3) substitute—

“(3)

In paragraph (1) and (2) and in regulation 8(3), “Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation).”.

31Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

In regulation 8 (notices and actions in the case of non-compliance), in paragraph (3)(b), for “Article 54(2) and (5) of Regulation 882/2004” substitute “Article 138(2) and (4) of Regulation 2017/625”.

32Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011

Omit regulation 10 (suspension of designation of first point of introduction).

33Amendment of the Food Safety and Hygiene (England) Regulations 2013

The Food Safety and Hygiene (England) Regulations 2013f1 are amended as follows.

34Amendment of the Food Safety and Hygiene (England) Regulations 2013

In regulation 2 (interpretation)—

(a)

in paragraph (1)—

(i)

for the definition “the EU Hygiene Regulations” substitute—

  • “”the EU Hygiene Regulations” mean Regulation 852/2004, Regulation 853/2004, Regulation 2073/2005, Regulation 2015/1375, Regulation 2017/185 and Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to food;”;

(ii)

for the definition that begins “Decision 2006/766” substitute—

  • ““Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 931/2011”, “Regulation 1169/2011”, “Regulation 28/2012”, “Regulation 208/2013”, “Regulation 210/2013”, “Regulation 579/2014”, “Regulation 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”;”;

(iii)

after the definition “premises” insert—

  • “”the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”;”;

(b)

in paragraph (6) omit “any annex to it may be”.

35Amendment of the Food Safety and Hygiene (England) Regulations 2013

In regulation 5 (enforcement authorities), in paragraph (9)—

(a)

in the definition “cutting plant” in sub-paragraph (a), for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”;

(b)

in the definition “game handling establishment”, in sub-paragraph (a) for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”;

(c)

in the definition “slaughterhouse”, in sub-paragraph (a) for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”.

36Amendment of the Food Safety and Hygiene (England) Regulations 2013

For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 5 to these Regulations.

37Amendment of the Food Safety and Hygiene (England) Regulations 2013

In Schedule 7 (derogations relating to low throughput establishments), in paragraph 1(e), for “under Article 5 of Regulation 854/2004 as read with point 1 of Part C of Chapter IX of Section IV of Annex I to that Regulation, require that examination for Trichinosis takes place at the slaughterhouse” substitute “under Article 18(2) of Regulation 2017/625 as read with Article 31 of Regulation 2019/627, require that examination for Trichinella takes place in accordance with Article 2 of Regulation 2015/1375”.

38Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015

The Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015f1 are amended as follows.

39Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015

In regulation 15 (procedure relating to samples for analysis)—

(a)

for paragraph (1)(c) substitute—

“(c)

send another part to—

(i)

the person on whose premises the material was sampled or to that person’s agent; or

(ii)

the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent;”;

(b)

for paragraph (4) (a) and (b) substitute—

“(a)

the person on whose premises the material was sampled or that person’s agent;

(b)

the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent; and

(c)

if part of the sample was sent under paragraph (2), to the person to whom that part was sent.”.

40Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015

In regulation 33 (liability for expenditure)—

(a)

in paragraph (1), for “Article 54(5) (action in the case of non-compliance) of Regulation 882/2004” substitute “Article 138(4) (action in the case of non-compliance) of Regulation 2017/625”;

(b)

omit paragraph (2).

41Review

(1)

The Food Standards Agency must from time to time—

(a)

carry out a review of the operation and effect of these Regulations;

(b)

set out the conclusions of the review in a report; and

(c)

publish the report.

(2)

The report must in particular—

(a)

set out the objectives intended to be achieved by the regulatory provisions made by these Regulations;

(b)

assess the extent to which those objectives are achieved; and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(3)

The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(4)

Reports under this regulation are afterwards to be published at intervals not exceeding five years.

Signature

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

Jo Churchill

Parliamentary Under Secretary of State,

Department of Health and Social Care

22nd November 2019

Schedule 1

“SCHEDULE 1

DEFINITIONS OF EU LEGISLATION

  • “Decision 2007/275” means Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78f1;

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/ECf2;

  • “Regulation 999/2001” means Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathiesf3;

  • “Regulation 178/2002” means 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;

  • “Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffsf4 as read with Regulation 2073/2005;

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal originf5 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2017/185;

  • “Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggsf6;

  • “Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffsf7;

  • “Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004f8;

  • “Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Councilf9;

  • “Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EECf10 as read with Regulation 2074/2005, Regulation 2017/185 and the Regulation 2017/625 package;

  • The Regulation 2017/625 package

  • Implementing Regulations

  • “Regulation 2018/329” means Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfaref11;

  • “Regulation 2019/66” means Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goodsf12;

  • “Regulation 2019/530” means Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmasf13;

  • “Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these listsf14;

  • “Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No. 2074/2005 as regards official controlsf15;

  • “Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No. 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificatesf16;

  • “Regulation 2019/723” means Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member Statesf17;

  • “Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Unionf18;

  • “Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control pointsf19;

  • “Regulation 2019/1715” means Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation)f20;

  • “Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No. 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No. 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660f21;

  • “Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite productsf22;

  • Delegated Regulations

  • “Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plantsf23;

  • “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts;

  • “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Councilf24;

  • “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumptionf25;

  • “Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control postsf26;

  • “Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control postsf27;

  • “Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destinationf28;

  • “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Unionf29.”

Schedule 2

“SCHEDULE 4

COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1

Competent authority

Column 2

Provisions of Regulation 2017/625

The AgencyArticles 4(2), 5(1) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 63, 65(5), 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 88, 89, 91, 93, 96 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 135, 137, 138, 140.
The feed authorityArticles 4(2), 4(3), 5(1), (4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 26, 28, 29, 30, 31, 32, 33, 35, 36, 37, 44, 45, 46, 47, 49, 50, 55, 56, 57, 63, 65, 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 96, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 130, 135, 137, 138, 140.

”

Schedule 3

“SCHEDULE 5

COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 2017/625 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1

Competent authority

Column 2

Provisions of Regulation 2017/625

The AgencyArticles 4(2) and (3), 5(4) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 24, 26, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 44, 45, 46, 47, 49, 50, 51, 53, 55, 56, 57, 63, 65, 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 135, 137, 138, 140, 148, 150.
The food authorityArticles 4(3), 5(1) and (5), 6, 7, 8, 9, 10, 11, 12, 13, 15, 18, 21, 24, 26, 28, 29, 30, 31, 32, 33, 35, 36, 37, 38, 39, 40, 42, 44, 45, 46, 47, 49, 50, 51, 53, 55, 56, 57, 63, 65, 66, 67, 68, 69, 71, 72, 73, 75, 76, 78, 79, 81, 82, 83, 84, 85, 86, 87, 88, 89, 91, 93, 96, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 113, 115, 116, 124, 130, 135, 137, 138, 140, 148, 150.

”

Schedule 4

“SCHEDULE 6

SPECIFIED IMPORT PROVISIONS

Column 1

Provision of EU legislation

Column 2

Subject matter

Regulation 2017/625
Article 69(1)Requirement that the operator responsible for the consignment is to carry out all the measures ordered by the competent authorities.
Regulation 2019/1602
Article 3Requirement that a CHED is to accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post.
Article 4(a)Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies the consignment to the place of destination and until it is released into free circulation.
Article 4(b)Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and is to keep a copy of the CHED at the disposal of the customs authorities.
Article 5(1)(a)Requirement that where a consignment is to be split at the border control post, when giving prior notification, the operator responsible for the consignment is to declare the border control post as the place of destination in the CHED for the entire consignment.
Article 5(1)(b)Requirement that where a consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to request that the consignment be split and is to submit, through the IMSOC a CHED for each part of the split consignment and make a declaration.
Article 5(1)(d)Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to ensure that a copy of the CHED for each part of the split consignment accompanies the relevant part to the place of destination and until it is released into free circulation.
Article 5(1)(e)Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Article 5(2)(a)Requirement that where a non-compliant consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to submit a CHED for each part of the split consignment and make a declaration.
Article 6(a)Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies each part of the split consignment until it is released for free circulation.
Article 6(b)Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Regulation 2019/1666
Article 3(1)Requirement that the operator responsible for the consignment is to, within one day upon arrival of the consignment, inform the competent authority responsible for performing the official controls at the establishment at the place of destination of the arrival of the consignment.

”

Schedule 5

“SCHEDULE 1

DEFINITIONS OF EU LEGISLATION

  • “Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/ECf1;

  • “Regulation 178/2002” means 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 as read with Regulation 931/2011 and Regulation 208/2013;

  • “Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffsf2 as read with Regulation 2073/2005 and Regulation 210/2013;

  • “Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal originf3 as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and 2017/185;

  • “Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggsf4;

  • “Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffsf5;

  • “Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004f6;

  • “Regulation 931/2011” means Commission Implementing Regulation (EU) No. 931/2011 on the traceability requirements set by Regulation (EC) No. 178/2002 of the European Parliament and of the Council for food of animal originf7;

  • “Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No. 608/2004f8;

  • “Regulation 28/2012” means Commission Regulation (EU) No. 28/2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No. 1162/2009f9 as read with Regulation 853/2004;

  • “Regulation 208/2013” means Commission Implementing Regulation (EU) No. 208/2013 on traceability requirements for sprouts and seeds intended for the production of sproutsf10;

  • “Regulation 210/2013” means Commission Regulation (EU) No. 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No. 852/2004 of the European Parliament and of the Councilf11;

  • “Regulation 579/2014” means Commission Regulation (EU) No. 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by seaf12;

  • “Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meatf13;

  • “Regulation 2017/185” means Commission Regulation (EU) 2017/185 laying down transitional measures for the application of certain provisions of Regulations (EC) No. 853/2004 and (EC) No. 854/2004 of the European Parliament and of the Councilf14;

  • “Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EECf15 as read with Regulation 2074/2005, Regulation 2017/185 and the Regulation 2017/625 package;

  • The Regulation 2017/625 package

  • Implementing Regulations

  • “Regulation 2018/329” means Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfaref16;

  • “Regulation 2019/66” means Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goodsf17;

  • “Regulation 2019/530” means Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmasf18;

  • “Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these listsf19;

  • “Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No. 2074/2005 as regards official controlsf20;

  • “Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No. 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificatesf21;

  • “Regulation 2019/723” means Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member Statesf22;

  • “Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Unionf23;

  • “Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control pointsf24;

  • “Regulation 2019/1715” means Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation)f25;

  • “Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No. 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No. 669/2009, (EU) No. 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660f26;

  • “Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite productsf27;

  • Delegated Regulations

  • “Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plantsf28;

  • “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts;

  • “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Councilf29;

  • “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumptionf30;

  • “Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control postsf31;

  • “Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control postsf32;

  • “Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destinationf33;

  • “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Unionf34.”

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Official Feed and Food Controls (England) Regulations 2009 (S.I. 2009/3255, as already amended), the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 (S.I. 2011/1517), the Food Safety and Hygiene (England) Regulations 2013 (S.I. 2013/2996 as already amended) and the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015 (S.I. 2015/454 as already amended) by updating references to EU legislation that has been revoked and replaced by Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001, (EC) No. 396/2005, (EC) No. 1069/2009, (EC) No. 1107/2009, (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC, 1999/74/EC, 2007/43/EC, 2008/119/EC and 2008/120/EC, and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC, 89/662/EEC, 90/425/EEC, 91/496/EEC, 96/23/EC, 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (OJ No. L95, 7.4.2017, p. 1) and the Delegated Regulations and Implementing Regulations made under that Regulation.

A full impact assessment of the effect that these Regulations will have on the costs of business and food authorities is available from the Food Standards Agency, Clive House, 70 Petty France, London SW1H 9EX, and is also available together with these Regulations at www.legislation.gov.uk.