The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016

Statutory Instruments

2016 No. 688

Food, England

Food Safety

The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016

Made

28th June 2016

Laid before Parliament

29th June 2016

Coming into force

20th July 2016

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 .

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to—

(a)

food and drink intended for sale for human consumption including the presentation, packaging, labelling, marketing and advertising of such food and drink M2 ; and

(b)

measures relating to food (including drink) including the primary production of food M3 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for all provisions of Regulation (EU) No 609/2013 of the European Parliament and of the Council M4 , mentioned in these Regulations to be construed as a reference to those provisions as amended from time to time

The Secretary of State makes these Regulations in exercise of the powers conferred by—

(a)

paragraph 1A of Schedule 2 to the European Communities Act 1972 M5 , so far as relating to regulations 2(1) and (4) and Schedule 1;

(b)

so far as relating to regulations 2(1) and 4 to 6 and Schedules 2 to 4—

(i)

sections 6(4), 16(1), 17(1) and (2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 M6 ;

(ii)

section 28(6) of the Regulatory Enforcement and Sanctions Act 2008 M7 , with the consent of the Welsh Ministers; and

(c)

sections 6(4), 17(2), 26(3) and 48(1) of the Food Safety Act 1990, so far as relating to regulations 2(1) to (3), 3 and 4, and Schedule 2.

So far as these Regulations are made in exercise of the powers conferred by the Food Safety Act 1990, the Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act M8 .

There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M9 during the preparation and evaluation of the following Regulations.

Marginal Citations

M1 1972 c. 68.

M2 S.I. 2005/2766, to which there are amendments not relevant to these Regulations.

M3 S.I. 2003/2901, to which there are amendments not relevant to these Regulations.

M4 Regulation (EU) No 609/2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control, and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009. OJ No L 181, 29.6.2013, p35.

M5 Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act (c. 7) and SI 2007/1388.

M6 1990 c.16: Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and paragraph 10(1) and (3) of Schedule 5 to the Food Standards Act 1999 (“the 1999 Act”) and partially repealed by Schedule 6 to the 1999 Act and S.I. 2002/794. Section 16(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17 was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act and S.I. 2011/1043. Section 26 was partially repealed by Schedule 6 to the 1999 Act. Section 48(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act. Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act.

M7 2008 c. 13.

M8 Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c.28).

M9 OJ No L 31 1.2.2002, p 1, last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No L 189, 15.05.2014, p 1).