Part I: Functions under the Food Safety Act 1990
174.This Part describes the functions under the Food Safety Act 1990 which will be taken over by the Agency. The amendments to that Act which give effect to this are detailed in Schedule 5.
175.These functions allow the Agency to act as an enforcement authority in similar circumstances to those in which the Minister of Agriculture, Fisheries and Food, the Secretaries of State for Health, Scotland and Wales can act (the option of allowing any of the Ministers to be an enforcement authority is retained). The powers of the Secretaries of State for Scotland and Wales are now exercised by Scottish Ministers and the National Assembly for Wales respectively. These provisions do not therefore create new powers. In addition, the Agency may grant consents or give directions in relation to emergency control orders (see also section 17); issue Codes of Practice and give directions for their enforcement (in both cases after consulting the Secretary of State); require returns of information from food authorities; exercise default powers; and undertake consultation on proposals for regulations and orders on behalf of the Secretary of State.
176.In general, the functions of the Minister of Agriculture, Fisheries and Food will be transferred to the Secretary of State for Health, although the Act retains the option for the Minister to be an enforcement authority. The Minister’s current enforcement functions (for example on dairy and meat hygiene) will be transferred to the Agency by amending relevant secondary legislation.
