Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in England, implement Council Directive 2001/110/EC relating to honey (OJ No L 10, 12.1.2002, p 47). They revoke and replace the Honey (England) Regulations 2003 (S.I. 2003/2243).

The Regulations regulate the use of the names “honey” (regulation 6), “blossom honey” and “nectar honey” (regulation 7), “honeydew honey” (regulation 8), “comb honey” (regulation 9), “chunk honey” and “cut comb in honey” (regulation 10), “drained honey” (regulation 11), “extracted honey” (regulation 12), “pressed honey” (regulation 13), “filtered honey” (regulation 14) and “baker's honey” (regulation 15).

Regulation 16 and Schedule 1 prescribe compositional criteria with which such products must comply when placed on the market as honey and when used as honey in a product intended for human consumption.

Regulation 17 contains additional labelling provisions.

Regulation 18 imposes an obligation on food authorities to enforce the Regulations.

Regulation 19 and Schedule 2 apply certain provisions of the Food Safety Act 1990 (1990 c. 16), with modifications. This includes the application (with modifications) of section 10(1), enabling an improvement notice to be served requiring compliance with specified provisions of the Regulations.

The provisions, as applied, make the failure to comply with an improvement notice an offence.

As well as revoking the Honey (England) Regulations 2003, regulation 20 revokes the Honey (Amendment) (England) Regulations 2005 (S.I 2005/1920) and omits specified provisions of the Food Information Regulations 2014 (S.I. 2014/1855) relating to the Honey (England) Regulations 2003.

Regulation 21 and Schedule 3 amend the Food Information Regulations 2014.

Regulation 22 makes a transitional provision in respect of food placed on the market or labelled before 24th June 2015, prohibiting an improvement notice from being served in relation to such food if it would have been compliant with the Honey (England) Regulations 2003.

Regulation 23 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, or be revoked or be amended. A further instrument would be needed to revoke the Regulations or to amend them.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The Explanatory Memorandum for the Regulations, to which a Transposition Note is attached, is published alongside the Regulations on www.legislation.gov.uk.