The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000

Statutory Instruments

2000 No. 1510

FOOD, ENGLAND

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000

Made

7th June 2000

Laid before Parliament

8th June 2000

Coming into force

1st July 2002

The Secretary of State in exercise of the powers conferred by sections 16(1), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1) and of all other powers enabling him in that behalf, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) of that Act, hereby makes the following Regulations:

Title, commencement and extent

1.—(1) These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000 and shall come into force on 1st July 2002.

(2) These Regulations apply to England.

Amendment of previous Regulations

2.  The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997(2), in so far as they apply to England, shall be amended—

(a) by the insertion, at the end of the definition of “the Directive” in paragraph (2) of regulation 1 (title, commencement and interpretation), of the words “and by Commission Directive 1999/39/EC(3)”; and

(b) in regulation 5 (manufacture and composition of processed cereal-based foods and baby foods)—

(i) by the omission of the word “or” from the end of paragraph (c)(ii); and

(ii) by the insertion, at the end of paragraph (d), of the word “; or” followed by the following paragraph:

“(e) which—

(i) if it is manufactured as ready for consumption, contains, and

(ii) if it is not so manufactured, would if reconstituted according to its manufacturer’s instructions contain,

residues of any individual pesticide at a level exceeding 0.01 mg/kg”.

Signed by authority of the Secretary of State for Health

Gisela Stuart

Parliamentary Under-Secretary of State,

Department of Health

7th June 2000

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 in relation to England, in implementation of Commission Directive 1999/39/EC amending Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children.

2.  The Regulations extend the prohibitions on manufacture and sale in the 1997 Regulations to food of that nature containing individual pesticide residues above a level of 0.01 mg/kg, measured when ready for use or when reconstituted according to the manufacturer’s instructions (regulation 2(b)), and bring the reference to the 1996 Directive up to date (regulation 2(a)).

3.  A regulatory impact assessment, which includes a compliance cost assessment of the effect that these Regulations have on business costs, has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from Branch A of the Food Labelling, Standards and Consumer Protection Division of the Food Standards Agency, PO Box 31037, Ergon House, c/o 17 Smith Square, London, SW1P 3WG.

(1)

1990 c. 16. Functions formerly exercisable by the Ministers are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28). Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend existing Regulations made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

(2)

S.I. 1997/2042, amended by S.I. 1999/275.

(3)

OJ No. L124, 18.5.1999, p. 8.