Part 3: Food and Feed Produced from Precision Bred Organisms
26: Regulation of food and feed produced from precision bred organisms
- This section sets out powers for the regulation of food and feed derived from precision bred organisms.
- Subsection (1) will grant a general power to introduce a regulatory framework governing the placing on the market of food and feed from precision bred organisms.
- Subsection (2) provides for regulations made under the general power in subsection (1) to make provision for the matters set out in (a) and (b).
- Subsection (3) provides that regulations which prohibit any person from placing food or feed from PBOs on the market except in accordance with a marketing authorisation issued by the Secretary of State may include the criteria that must be met in order for the Secretary of State to grant such an authorisation.
- Subsection (4) and (5) provide powers for establishing an application procedure to be followed for food and feed marketing authorisations and provision that such authorisations be issued subject to conditions and limitations and to be varied or cancelled.
- Subsection (6) grants powers to make regulations that confer functions on the Food Standards Agency.
- Subsection (7) allows regulations to provide that an obligation on any other person than the Food Standards Agency, is not a Part 3 obligation referenced in section 29.
- Subsection (8) outlines that, where regulations are made under subsection (2) (a) to authorise a precision bred organism for food and feed use, such regulations may prescribe which person(s) is authorised to market the precision bred organism for food and feed use and any other limitations on the authorisation that are necessary.
- Subsection (9) prescribes that any regulations made under this section are subject to the draft affirmative procedure.
27: Food and feed marketing authorisations: register
- This section sets out the requirements of a register for precision bred products and the associated marketing authorisation of such products and how the limitations of these authorisations can be varied or cancelled.
- Subsection (1) grants a power to make regulations requiring the Food Standards Agency to establish a register of precision bred products that have been granted marketing authorisation for uses in food and feed and setting out the information required to be included in such a register
- Subsection (2) sets out the information relating to food and feed marketing authorisations that regulations may state are to be included in the register.
- Subsection (3) states that the prescribed particulars to be included in the register may include information of any precision bred confirmation or precision bred animal marketing authorisation issued by the Secretary of State in relation to a food or feed marketing authorisation.
- Subsection (4) prescribes that any regulations made under this section are subject to the draft affirmative procedure.
28: Monitoring and inspection of Part 3 obligations
- This section makes provisions for monitoring and inspection obligations of Part 3.
- Subsection (1) grants powers to make regulations for designating bodies within subsection (2) as enforcement authorities with various functions.
- Subsection (2) identifies bodies which may be designated as enforcement authorities.
- Subsection (3) grants powers to make regulations for enforcement authorities in connection with monitoring compliance with relevant obligations and investigating suspected breaches, including the conferral on inspectors of powers of entry, inspection, examination and search and seizure. Subsection (3) also provides for regulations to apply (with or without modifications) any provision made under the Food Safety Act 1990 (to include the appointment of public analysts under section 27) and section 67 of the Agriculture Act 1970.
- Subsection (4) prevents regulations made under section 28 from being able to establish criminal offences and or conferring powers of entry into private dwellings without the need for a warrant.
- Subsection (5) prescribes that any regulations made under this section are subject to the draft affirmative procedure.
29: Meaning of "Part 3 obligation"
- This section describes the meaning of obligation under Part 3.
- Subsection (1) provides a definition of a "Part 3 obligation".
- Subsection (2) clarifies that an obligation to comply with the conditions of a food and feed marketing authorisation is included within the scope of a "Part 3 obligation" in addition to any requirement imposed by an inspector in exercise of functions conferred upon them.
- Subsection (3) specifies the obligations which fall outside of scope of the definition of a "Part 3 obligation".
- Subsection (4) allows regulations to provide that a failure to comply with a Part 3 obligation can also relate to the provision of misleading or false information in relation to a Part 3 obligation or an authorisation "
- Subsection (5) provides that "requirement" includes "prohibition" for these purposes.
- Subsection (6) prescribes that any regulations made under this section are subject to the draft affirmative procedure.
30: Interpretation of Part 3
- This section sets out definitions and clarifications used in association with Part 3.
- Subsection (1) provides definitions of terms that are used in Part 3 of the Act. These terms are frequently used across food legislation, both in retained EU law and domestic food law. Definitions of key terms including ‘food’ and ‘feed’ are aligned with the definitions in retained Regulation (EC) 178/2002, which is the main piece of retained direct principal EU legislation governing the regulation of food in England.
- Subsection (2) outlines that products in Part 3 are defined as being produced from precision bred organisms if they contain or consist of the whole or parts of a precision bred organism.
- Subsection (3) outlines that ‘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, in line with Article 3(8) of retained Regulation (EC) 178/2002. The term "placing on the market" is defined broadly in retained EU food law to extend to the holding of the food and feed for the purpose of the sale.
