Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions apply:

(1)

‘food’ means any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be ingested by humans.

‘Food’ includes drink, chewing gum and any substance intentionally incorporated into the food during its manufacture, preparation or treatment.

‘Food’ does not include:

(a)

feed;

(b)

live animals unless they are prepared for placing on the market for human consumption;

(c)

plants prior to harvesting;

(d)

medicinal products within the meaning of point (2) of Article 1 of Directive 2001/83/EC of the European Parliament and of the Council(1);

(e)

cosmetic products within the meaning of point (a) of Article 2(1) of Regulation (EC) No 1223/2009 of the European Parliament and of the Council(2);

(f)

tobacco and tobacco products within the meaning of, respectively, points (1) and (4) of Article 2 of Directive 2014/40/EU of the European Parliament and of the Council(3);

(g)

narcotic or psychotropic substances within the meaning of the United Nations Single Convention on Narcotic Drugs, 1961, and the United Nations Convention on Psychotropic Substances, 1971;

(h)

residues and contaminants;

(i)

water intended for human consumption within the meaning of point (1) of Article 2 of Directive 2013/51/Euratom;

(2)

‘minor food’ means food of minor dietary importance which makes only a marginal contribution to food consumption by the population;

(3)

‘feed’ means any substance or product, including additives, whether processed, partially processed or unprocessed, intended to be used for oral feeding to animals;

(4)

‘placing on the market’ means the holding of food or feed for the purpose of sale, including offering for sale or any other form of transfer, whether free of charge or not, and the sale, distribution and other forms of transfer themselves;

(5)

‘radiological emergency’ means a non-routine situation or event involving a radiation source that necessitates prompt action to mitigate serious adverse consequences for human health and safety, quality of life, property or the environment, or a hazard that could give rise to such serious adverse consequences.

(6)

[F1 “appropriate authority” means—

(a)

in relation to England, the Secretary of State;

(b)

in relation to Wales, the Welsh Ministers;

(c)

in relation to Scotland, the Scottish Ministers;

(7)

“Food Safety Authority” means—

(i)

as regards England and Wales, the Food Standards Agency;

(ii)

as regards Scotland, Food Standards Scotland;

(8)

“prescribe” means prescribe by regulations.]

Textual Amendments

F1 Art. 2(6)-(9) inserted (31.12.2020) by The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/701), regs. 1, 5 (as amended by S.I. 2020/1504, regs. 1(2), 14(2); 2020 c. 1, Sch. 5 para. 1(1)

(1)

Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

(2)

Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products (OJ L 342, 22.12.2009, p. 59).

(3)

Directive 2014/40/EU of the European Parliament and of the Council of 3 April 2014 on the approximation of the laws, regulations and administrative provisions of the Member States concerning the manufacture, presentation and sale of tobacco and related products and repealing Directive 2001/37/EC (OJ L 127, 29.4.2014, p. 1).