Explanatory note

(This note is not part of the Regulations)

These Regulations, which apply to Great Britain, make provision for the enforcement and execution of Council Regulation (EC) No. 2991/94 (OJ No. L316, 9.12.94, p.2) laying down standards for spreadable fats. In pursuance of Article 6 of that Regulation, the Regulations also re-enact requirements as to the vitamin content of margarine which were previously contained in the Margarine Regulations 1967 (S.I. 1967/1867), as amended, and the Margarine (Scotland) Regulations 1970 (S.I. 1970/1286), as amended, (regulation 4), subject to an exemption (regulation 3(2)).

These Regulations—

(a)

specify the authorities which are to enforce and execute these Regulations and the provisions of the Council Regulation referred to in column 1 (and briefly described in column 2) of Schedule 1 (regulation 5);

(b)

create offences and prescribe a penalty (regulation 6) and contain a limited exemption in respect of any spreadable fat to which the EEA Agreement applies and which is brought into Great Britain from an EEA State other than a member State (regulation 3(1));

(c)

provide a defence in relation to exports, in implementation of Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 7);

(d)

incorporate specified provisions of the Food Safety Act 1990 (regulation 8);

(e)

revoke the Regulations specified in Schedule 2 to the extent specified in that Schedule (regulation 9).

Article 11(2) of the Council Regulation provides that, notwithstanding Article 2(1), products on the market of a member State on 31st December 1995 which do not meet the requirements specified may be supplied or transferred until 31st December 1997.

A compliance cost assessment of the effect that this instrument would have on the cost of business is available from:

Food Labelling and Standards Division Branch B

Ministry of Agriculture, Fisheries and Food

Room 325B

Ergon House

17 Smith Square

LONDON

SW1P 3JR.