Statutory Instruments

2011 No. 3012

Food, England

The Transfer of Functions (Food) Regulations 2011

Made

14th December 2011

Laid before Parliament

19th December 2011

Coming into force

16th January 2012

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 6(4), 16(1)(e) and (f), 17(1) and (2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1).

In accordance with section 48(4A)(2) of that Act, he has had regard to relevant advice given by the Foods Standards Agency.

Title, commencement and application E+W+S

1.—(1) These Regulations may be cited as the Transfer of Functions (Food) Regulations 2011, and come into force on 16th January 2012.

(2) These Regulations apply in relation to England only.

Commencement Information

I1 Reg. 1 in force at 16.1.2012, see reg. 1(1)

Amendment of the Medical Food (England) Regulations 2000 E+W+S

F1 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 2 revoked (22.2.2020) by The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 6 (with reg. 8(2))

Amendment of the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007 E+W+S

F2 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Reg. 3 revoked (20.7.2016) by The Food for Specific Groups (Information and Compositional Requirements) (England) Regulations 2016 (S.I. 2016/688), regs. 1(3), 5(d)

Amendment of the Nutrition and Health Claims (England) Regulations 2007 E+W+S

4.  In regulation 3 (competent authorities) of the Nutrition and Health Claims (England) Regulations 2007(3), in paragraph (a), for “the Food Standards Agency” substitute “the Secretary of State”.

Commencement Information

I2 Reg. 4 in force at 16.1.2012, see reg. 1(1)

Amendment of the Infant Formula and Follow-on Formula (England) Regulations 2007 E+W+S

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 revoked (22.2.2020) by The Food for Specific Groups (Food for Special Medical Purposes for Infants, Infant Formula and Follow-on Formula) (Information and Compositional Requirements) (Amendment etc.) (England) Regulations 2020 (S.I. 2020/43), reg. 1(1), Sch. 3 (with reg. 5(2)) (as amended by S.I. 2021/168, reg. 2(3))

Signed by authority of the Secretary of State for Health.

Anne Milton

Parliamentary Under-Secretary of State,

Department of Health

14th December 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations which apply to England amend the Medical Food (England) Regulations 2000, the Notification of Marketing of Food for Particular Nutritional Uses (England) Regulations 2007, the Nutrition and health Claims (England) Regulations 2007 and the Infant Formula and Follow-on Formula (England) Regulations 2007, by transferring functions under each set of Regulations from the Food Standards Agency to the Secretary of State.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1990 c.16. Sections 16(1), 17(1) and 48(1) were amended by paragraphs 7, 8, 12(a) and (b) of Schedule 5 to the Food Standards Act 1999 (c.28) (“the 1999 Act”).

(2)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.

(3)

S.I. 2007/2080.