The Detergents (Amendment) Regulations 2016

Statutory Instruments

2016 No. 1165

Consumer Protection

Environmental Protection

Public Health

The Detergents (Amendment) Regulations 2016

Made

29th November 2016

Laid before Parliament

2nd December 2016

Coming into force

1st January 2017

The Secretary of State has been designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures for safety and consumer protection as respects, among other products, detergents; provisions concerning the composition, labelling, marketing, classification or description of, among other products, detergents(2); measures relating to consumer protection(3); and measures relating to the environment(4).

The Secretary of State makes the following Regulations in exercise of the powers conferred by that section of that Act.

Citation and commencement

1.  These Regulations may be cited as the Detergents (Amendment) Regulations 2016 and come into force on 1st January 2017.

Amendment of the Detergents Regulations 2010

2.—(1) The Detergents Regulations 2010(5) are amended as follows.

(2) In paragraph (1A) of regulation 7 (contravention of Regulation 648/2004), after “consumer laundry detergent” insert “or consumer automatic dishwasher detergent”.

(3) In paragraph (3) of regulation 26 (penalties), for “regulation 1A” substitute “regulation 7(1A)”.

(4) In the table in Schedule 2 (enforcement of Regulation 648/2004), in the second column of the entry for Article 4a and Annex VIa, after “consumer laundry detergent” insert “or consumer automatic dishwasher detergent”.

Thérèse Coffey

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

29th November 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Detergents Regulations 2010 (“the 2010 Regulations”) to reflect the changes made by EU Regulation (EU) No 259/2012 of the European Parliament and of the Council amending Regulation (EC) No 648/2004 as regards the use of phosphates and other phosphorus compounds in consumer laundry detergents and consumer automatic dishwasher detergents (OJ No L 94, 30.3.2012, p.16).

Regulation 2(2) and (4) inserts references to consumer automatic dishwasher detergents in regulation 7 of, and Schedule 2 to, the 2010 Regulations so that the placing on the market of such detergents containing phosphates is an offence, and identifying the enforcement authority.

Regulation 2(3) makes a correction to regulation 26 of the 2010 Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business and the public sector is available from the Water Quality Division, Department for Environment, Food and Rural Affairs, Nobel House, 17 Smith Square, London SW1P 3JR, and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

(1)

1972 c.68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The power of the Minister to make Regulations in relation to matters in, or as regards, Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).

(2)

S.I. 1972/1811.

(3)

S.I. 1993/2661, as amended by S.I. 2011/1043. Other amendments are not relevant to these Regulations.

(4)

S.I. 2008/301.

(5)

S.I. 2010/740, as amended by S.I. 2013/1244.