The Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000

Title, extent and commencement

1.  These Regulations may be cited as the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000, shall extend to England and Wales and shall come into force on 1st April 2000.

Interpretation

2.—(1) In these Regulations—

“the 1999 Act” means the Food Standards Act 1999;

“instrument” means any instrument (other than any statutory instrument) relating to a transferred function, issued or made by or on behalf of a Minister of the Crown or the National Assembly for Wales, jointly by any one or more Ministers of the Crown or jointly by any one or more of those Ministers jointly with that Assembly, including—

(a)

appointments (other than any appointment to an advisory committee);

(b)

approvals, authorisations, licences, provisional licences and registrations;

(c)

certificates;

(d)

codes of practice;

(e)

designations;

(f)

notices;

(g)

operation manuals, and other documents containing guidance, relating to the protection of public health from risks which may arise in connection with the consumption of food (including risks caused by the way in which it is produced or supplied) or otherwise relating to the protection of the interests of consumers in relation to food;

(h)

schemes and byelaws; and

(i)

warrants;

“the Minister” means the Minister of Agriculture, Fisheries and Food and “the Ministry” shall be construed accordingly; and

“transferred function” means any function—

(a)

of the Minister referred to in—

(i)

subsection (1) of section 26 of the 1999 Act (statutory functions of the Minister ceasing to be exercisable by him);

(ii)

paragraph 6 of Schedule 5 to the 1999 Act, paragraphs 7 to 25 of that Schedule and paragraph 43 of that Schedule (amendments respectively to the Food and Environment Protection Act 1985(1), the Food Safety Act 1990)(2) and the Radioactive Substances Act 1993(3)); and

(iii)

the entries in Schedule 6 of the 1999 Act relating to the repeals of provisions of the Food Safety Act 1990 (other than sections 25 and 26(3)),

which relates to functions falling to the Agency under or by virtue of the 1999 Act; or

(b)

exercisable by the Agency, instead of a Minister of the Crown or the National Assembly for Wales, after the coming into force of these Regulations by virtue of regulations 3 to 12(1) below (consequential provisions),

but does not include any exercise of the powers referred to in regulation 13(1)(c) or (d) below.

(2) Unless the context otherwise requires, any reference in these Regulations to a numbered Schedule, or a numbered Part of a Schedule, shall be construed as a reference to the Schedule or Part of the Schedule bearing that number in these Regulations.

Regulations relating to dairy products, egg products and egg hygiene: consequential provisions

3.—(1) The Milk and Dairies (General) Regulations 1959(4) shall be modified in accordance with the provisions of Part I of Schedule 1.

(2) The Egg Products (Hygiene) Regulations 1993(5) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 1.

(3) The Dairy Products (Hygiene) Regulations 1995(6) shall be modified in accordance with the provisions of Part III of Schedule 1.

(4) The Dairy Products (Hygiene) (Charges) Regulations 1995(7) shall be modified in accordance with the provisions of Part IV of Schedule 1.

(5) The Eggs (Marketing Standards) Regulations 1995(8) shall be modified, in relation to England and Wales, in accordance with the provisions of Part V of Schedule 1.

Regulations relating to feedingstuffs: consequential provisions

4.—(1) The Feeding Stuffs Regulations 1995(9) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 2.

(2) The Feeding Stuffs (Establishments and Intermediaries) Regulations 1999(10) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 2.

(3) Save in so far as they relate to zootechnical products (as referred to in section 29(2)(d) of the 1999 Act), the Feeding Stuffs (Enforcement) Regulations 1999(11) shall be modified, in relation to England and Wales, in accordance with the provisions of Part III of Schedule 2.

(4) The Animal Feedingstuffs from Belgium (Control) (England and Wales) Regulations 2000(12) shall be modified in accordance with the provisions of Part IV of Schedule 2.

Regulations relating to general food hygiene, temperature control and fish and shellfish hygiene: consequential provisions

5.—(1) The Food Safety (General Food Hygiene) Regulations 1995(13) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 3.

(2) The Food Safety (Temperature Control) Regulations 1995(14) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 3.

(3) The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998(15) shall be modified, in relation to England and Wales, in accordance with the provisions of Part III of Schedule 3.

Regulations relating to meat hygiene, etc.: consequential provisions

6.—(1) The Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992(16) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 4.

(2) The Meat Products (Hygiene) Regulations 1994(17) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 4.

(3) The Fresh Meat (Hygiene and Inspection) Regulations 1995(18) shall be modified, in relation to England and Wales, in accordance with the provisions of Part III of Schedule 4.

(4) The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995(19) shall be modified, in relation to England and Wales, in accordance with the provisions of Part IV of Schedule 4.

(5) The Animal By-Products (Identification) Regulations 1995(20) shall be modified, in relation to England and Wales, in accordance with the provisions of Part V of Schedule 4.

(6) The Wild Game Meat (Hygiene and Inspection) Regulations 1995(21) shall be modified, in relation to England and Wales, in accordance with the provisions of Part VI of Schedule 4.

(7) The Minced Meat and Meat Preparations (Hygiene) Regulations 1995(22) shall be modified, in relation to England and Wales, in accordance with the provisions of Part VII of Schedule 4.

(8) The Fresh Meat (Beef Controls) (No. 2) Regulations 1996(23) shall be modified, in relation to England and Wales, in accordance with the provisions of Part VIII of Schedule 4.

(9) The Beef Bones Regulations 1997(24) shall be modified, in relation to England and Wales, in accordance with the provisions of Part IX of Schedule 4.

(10) The Specified Risk Material Regulations 1997(25) shall be modified, in relation to England and Wales, in accordance with the provisions of Part X of Schedule 4.

(11) The Meat (Hygiene and Inspection) (Charges) Regulations 1998(26) shall be modified, in relation to England and Wales, in accordance with the provisions of Part XI of Schedule 4.

(12) The Specified Risk Material (Inspection Charges) Regulations 1999(27) shall be modified, in relation to England and Wales, in accordance with the provisions of Part XII of Schedule 4.

Regulations relating to imports and exports: consequential provisions

7.—(1) The Imported Food Regulations 1984(28) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 5.

(2) The Products of Animal Origin (Import and Export) Regulations 1996(29) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 5.

Regulations relating to food irradiation and novel foods: consequential provisions

8.—(1) The Food (Control of Irradiation) Regulations 1990(30) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 6.

(2) The Novel Foods and Novel Food Ingredients Regulations 1997(31) shall be modified, in relation to England, in accordance with the provisions of Part II of Schedule 6.

(3) The Novel Foods and Novel Food Ingredients (Fees) Regulations 1997(32) shall be modifed, in relation to England and Wales, in accordance with the provisions of Part III of Schedule 6.

Emergency Control Orders: consequential provisions

9.—(1) The Food (Pistachios from Iran) (Emergency Control) Order 1997(33) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 7.

(2) The Food (Peanuts from Egypt) (Emergency Control) (England and Wales) Order 2000(34) shall be modified in accordance with the provisions of Part II of Schedule 7.

(3) The Food (Animal Products from Belgium) (Emergency Control) (England and Wales) Order 2000(35) shall be modified in accordance with the provisions of Part III of Schedule 7.

Other enactments: consequential provisions

10.—(1) The Sludge (Use in Agriculture) Regulations 1989(36) shall be modified, in relation to England and Wales, in accordance with the provisions of Part I of Schedule 8.

(2) The Environmental Protection (Applications, Appeals and Registers) Regulations 1991(37) shall be modified, in relation to England and Wales, in accordance with the provisions of Part II of Schedule 8.

(3) The Welfare of Animals (Slaughter or Killing) Regulations 1995(38) shall be modifed, in relation to England and Wales, in accordance with the provisions of Part III of Schedule 8.

(4) The Bovines and Bovine Products (Trade) Regulations 1999(39) shall be modified, in relation to England and Wales, in accordance with the provisions of Part IV of Schedule 8.

(5) The Natural Mineral Water, Spring Water and Bottle Drinking Water Regulations 1999(40) shall be modified, in relation to England and Wales, in accordance with the provisions of Part V of Schedule 8.

Monitoring of enforcement action, etc.: consequential provisions

11.  The definition of “relevant legislation” in section 15(1) of the 1999 Act shall have effect as if the references in sub-paragraph (a) to the provisions of regulations or orders made under the 1990 Act included references to the provisions (so far as they relate to England and Wales) of the Regulations made under section 2(2) of the European Communities Act 1972(41) specified in Schedule 9 to these Regulations.

Instruments, orders and judgements: consequential provisions

12.—(1) Subject to the following paragraphs of this regulation, any provision relating to a transferred function—

(a) in an instrument made before the coming into force of these Regulations; or

(b) in a court order or judgment made or given before the coming into force of these Regulations,

shall have effect, so far as may be necessary or expedient in preparation for, in connection with, or in consequence of the transfer of that function to the Agency, as if any references in that provision (including any references which are to be construed as such references) to, or to the officers of, the Minister, the Ministry, the Secretary of State for Health or the National Assembly for Wales, were references to the Agency, or to its officers, as the context may require.

(2) Paragraph (1) above shall not apply—

(a) to any authorisation, licence or provisional licence issued for the purposes of the Welfare of Animals (Slaughter or Killing) Regulations 1995 in force at the coming into force of these Regulations; or

(b) to any relevant designation after the expiry of the period of six months beginning at the coming into force of these Regulations.

(3) Paragraph (1) above shall apply to provisions of codes of practice issued under section 40 of the Food Safety Act 1990 before the coming into force of these Regulations but shall not apply so as to treat the authority by which the code was issued as altered.

(4) For the purposes of paragraph (2)(b) above, a “relevant designation” is a designation of an official veterinary surgeon, in force at the coming into force of these Regulations, under or for any purpose relating to—

(a) the Fresh Meat (Hygiene and Inspection) Regulations 1995;

(b) the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995; or

(c) the Wild Game Meat (Hygiene and Inspection) Regulations 1995.

Transitional provisions and savings

13.—(1) The transfer to the Agency of any transferred function shall not affect—

(a) the validity of anything done, or having effect as if done, by or on behalf of the Minister before the coming into force of the provision by or under which the function is transferred;

(b) the power of the Minister to act on behalf of the Agency in carrying out its functions;

(c) the power of the Minister to act as competent authority for the purposes of—

(i) article 14 of Council Regulation (EC) No. 820/97 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products(42); and

(ii) article 3 of Commission Regulation (EC) No. 1141/97 laying down detailed rules for the application of Council Regulation (EC) No. 820/97 as regards the labelling of beef and beef products(43); or

(d) the power of the Minister to join with the Secretary of State in making Regulations under the Food Safety Act 1990 in relation to—

(i) residues of veterinary products (as defined in section 29(2) of the 1999 Act) in food or food sources; and

(ii) charges for inspection in relation to such residues.

(2) Anything (including legal proceedings or anything in connection with legal proceedings) which at the coming into force of these Regulations is in the process of being done by or in relation to the Minister, so far as it relates to a transferred function, may be continued by or in relation to the Agency.

(3) Anything (including legal proceedings or anything in connection with legal proceedings) done or having effect as if done before the coming into force of these regulations by or in relation to the Minister, so far as it relates to a transferred function, shall have effect as if done by or in relation to the Agency.

(4) In so far as any existing Regulations or Orders made or having effect as if made by the Minister under the Food Safety Act 1990, including any Regulations or Orders made or having effect as if made under that Act by the Minister jointly with the Secretary of State for Health, any other named Secretary of State or the National Assembly for Wales, are in force at the coming into force of these Regulations, the powers of the Minister to revoke, amend or re-make the Regulations or Orders shall be exercisable, in the same manner and subject to the same conditions, by the Secretary of State.

(5) Where any property, right or liability of a Minister of the Crown is transferred to the Agency by virtue of a scheme made under section 41 of the 1999 Act—

(a) if the authority making the scheme certifies that the property, right or liability has been transferred to the Agency by virtue of subsection (4) of that section, on a day appointed by the scheme for the transfer of the property, right or liability, the certificate shall be conclusive evidence for all purposes of any fact stated in it with respect to the effect of that subsection in relation to the transfer; and

(b) paragraphs (3) and (4) above shall not apply on and after that day to the property, right or liability transferred.

Transitional provisions and savings relating to powers to make Regulations under Part IV of the Agriculture Act 1970

14.—(1) Until the coming into force in England and Wales of the first Order under section 30 of the 1999 Act (animal feeding stuffs), the Secretary of State for Health shall have the same power to make, or join in making, Regulations under Part IV of the Agriculture Act 1970(44) in relation to feedingstuffs as had the Minister, in relation to England and Wales, immediately before the coming into force of these Regulations.

(2) The Secretary of State for Health may, jointly with, or instead of, the Minister, exercise the power conferred on him by paragraph (1) above.

(3) Any consultation undertaken wholly or partly before the coming into force of these Regulations relating to Regulations made under or partly under the power conferred on the Secretary of State for Health by paragraph (1) above shall be as effective for the purposes of the exercise of that power as if undertaken after these Regulations come into force.

(4) For the purposes of the exercise of the power conferred on the Secretary of State for Health by paragraph (1) above the Agency shall consult with such persons or organisations as appear to it to represent the interests concerned; and the consultation shall be as effective for the purposes of section 84 of the Agriculture Act 1970 as if undertaken under that section.

Signed by authority of the Secretary of State for Health

Gisela Stuart

Parliamentary Under-Secretary of State,

Department of Health

8th March 2000