The Animal Feed (Amendment) (EU Exit) Regulations 2019

PART 3 U.K. Amendment of retained direct EU legislation

Amendment of Regulation 1831/2003 U.K.

8.  Regulation 1831/2003 is amended as follows.

Commencement Information

I1 Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

9.  In Article 1—

(a) omit “Community”;

(b) omit “internal”.

Commencement Information

I2 Reg. 9 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

10.  In Article 2—

(a) in paragraph 2—

(i) at point (l), for “Community”, substitute “ appropriate authority ”;

[F1 (ii) after point (n) insert—

“(o) “third country” means any country or territory other than the British Islands;

(p) “prescribe” means prescribe by regulations;

(q) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(r) “Food Safety Authority” means—

(i) as regards England and Wales, the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland;

(s) “reference laboratory” means a laboratory designated by the appropriate authority under Article 100 of Regulation 2017/625.”.]

(b) omit paragraph 3.

Textual Amendments

F1 Reg. 10(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(3)

Commencement Information

I3 Reg. 10 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

11.  In Article 3—

(a) at paragraph 2—

(i) for “Member States”, substitute “ the appropriate authority ”;

(ii) omit “at Community level”;

(b) at paragraph 3, omit “Community”;

(c) for paragraph 5, substitute—

“5.   Where necessary, as a result of technological progress or scientific development, the appropriate authority may prescribe changes to the general conditions set out in Annex 4.”.

Commencement Information

I4 Reg. 11 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

12.  In Article 4, omit paragraph 3.

Commencement Information

I5 Reg. 12 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

13.  In Article 6, for paragraph 3, substitute—

“3.   Where necessary, as a result of technological progress or scientific development, the appropriate authority may prescribe additional feed additive categories and functional groups.”.

Commencement Information

I6 Reg. 13 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

14.  For Article 7, substitute—

“Application for authorisation U.K.

1.   An application for an authorisation as provided for in Article 4 must be sent to the appropriate authority. The appropriate authority must without delay forward the application to the Food Safety Authority.

2.   The Food Safety Authority must—

(a) acknowledge receipt of the application, including the particulars and documents referred to in paragraph 3, in writing, to the applicant within 15 days of its receipt, stating the date of receipt;

(b) make any information supplied by the applicant available to the appropriate authority;

(c) make the summary of the dossier mentioned in paragraph 3(h) available to the public, subject to the confidentiality requirements laid down in Article 18(2).

3.   At the time of application, the applicant must send the following particulars and documents directly to the Food Safety Authority—

(a) the applicant's name and address;

(b) the identification of the feed additive, a proposal for its classification by category and functional group under Article 6, and its specifications, including, where applicable, purity criteria;

(c) a description of the method of production, manufacturing and intended uses of the feed additive, of the method of analysis of the additive in feed according to its intended use and, where appropriate, of the method of analysis for the determination of the level of residues of the feed additive, or its metabolites, in food;

(d) a copy of the studies which have been carried out and any other material which is available to demonstrate that the feed additive satisfies the criteria laid down in Article 5(2) and (3);

(e) proposed conditions for placing the feed additive on the market, including labelling requirements and, where appropriate, specific conditions for use and handling (including known incompatibilities), use levels in complementary feedingstuffs and animal species and categories for which the feed additive is intended;

(f) a written statement that three samples of the feed additive have been sent by the applicant directly to the reference laboratory referred to in Article 21, in accordance with the requirements set out in Annex 2;

(g) for additives which, according to the proposal under point (b), do not belong to either category (a) or category (b) referred to in Article 6(1), and for additives falling within the scope of retained EU law relating to the marketing of products consisting of, containing or produced from GMOs, a proposal for post-market monitoring;

(h) a summary containing the information provided under points (a) to (g);

(i) for additives falling within the scope of retained EU law relating to the marketing of products consisting of, containing or produced from GMOs, details of any authorisation granted in accordance with the applicable legislation.

4.   The appropriate authority, having first consulted the Food Safety Authority, may prescribe rules for the application and implementation of this Article, including rules concerning the preparation and the presentation of the application. Until such rules are prescribed, the application must be submitted in accordance with retained EU law.

5.   After the Food Safety Authority has been consulted, specific guidelines for the authorisation of additives may be established, where necessary for each category of additive referred to in Article 6(1). These guidelines must take account of the possibility of extrapolating the results of the studies carried out on major species to minor species.

6.   Rules to allow for simplified provisions for the authorisation of additives which have been authorised for use in food may be prescribed by the appropriate authority.

7.   Other implementing rules may be prescribed by the appropriate authority, which rules must, where appropriate, differentiate between requirements for feed additives in respect of food-producing animals and requirements in respect of other animals, in particular pets.

8.   The Food Safety Authority must publish detailed guidance to assist the applicant in the preparation and the presentation of its application.”.

Commencement Information

I7 Reg. 14 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

15.  In Article 8—

(a) in each place in which it occurs (including the heading), for “Authority”, substitute “ Food Safety Authority ”;

(b) in paragraph 3(b), for “Community Reference Laboratory”, substitute “ reference laboratory ”;

(c) for paragraph 5, substitute—

“5.   The Food Safety Authority must without delay forward its opinion to the appropriate authority including a report describing its assessment of the feed additive and stating the reasons for its conclusion.”.

Commencement Information

I8 Reg. 15 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

16.  In the heading to Article 9, omit “by the Community”.

Commencement Information

I9 Reg. 16 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

17.  For Article 9, substitute—

“Authorisation U.K.

1.   Within three months of receipt of the opinion of the Food Safety Authority, the appropriate authority must determine whether to authorise the feed additive and the conditions upon which the feed additive is authorised. In making its determination, the appropriate authority must take into account the requirements of Article 5(2) and (3), retained EU law and other legitimate factors relevant to the matter under consideration and in particular benefits for animal health and welfare and for the consumer of animal products. The authorisation is to be in a form prescribed by the appropriate authority. Where the authorisation is not in accordance with the opinion of the Food Safety Authority, the appropriate authority must provide an explanation of the reasons for the differences. Where, in the opinion of the appropriate authority, the application raises exceptionally complex issues, the three-month deadline may be extended.

2.   Rules for the implementation of this Article and in particular concerning an identification number for authorised additives may be prescribed by the appropriate authority.

3.   The appropriate authority must without delay inform the applicant of the determination made in accordance with paragraph 1.

4.   An authorisation must include the elements mentioned in Article 8(4)(b), (c), (d) and (e) and an identification number.

5.   An authorisation for additives belonging to categories (d) and (e) referred to in Article 6(1) and also for additives consisting of, containing or produced from GMOs, must include the name of the holder of the authorisation, and, where appropriate, the unique identifier attributed to the GMO as referred to in Regulation (EC) No 1830/2003 of the European Parliament and of the Council concerning traceability and labelling of genetically modified organisms and traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC.

6.   Where the levels of residues of an additive in food from animals fed with that additive might have a detrimental effect on human health, the authorisation must include MRLs for the active substance or for its metabolites in the relevant foodstuffs of animal origin. In this case the active substance must be considered for the purposes of Council Directive 96/23/EC as falling under Annex 1 to that Directive. Where an MRL for the substance concerned has already been established in retained EU law, that MRL must also apply to residues of the active substance or its metabolites originating from the use of the substance as a feed additive.

7.   The authorisation is valid for 10 years and is renewable in accordance with Article 14. The authorised feed additive must be entered in the Register of Feed Additives referred to in Article 17 (the Register). Each entry in the Register must state the date of authorisation and must include the particulars referred to in paragraphs 4, 5 and 6.”.

Commencement Information

I10 Reg. 17 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

18.  In Article 10—

(a) for paragraph 5, substitute—

“5.   Where the notification and accompanying particulars referred to in paragraph 1(a) are not supplied within the period specified or are found to be incorrect, or where an application is not submitted as required by paragraph 2 within the period specified, the appropriate authority may prescribe that—

(a) the additives concerned must be withdrawn from the market;

(b) that, for a limited period of time, existing stocks of the product may remain, or continue to be placed, on the market.”;

(b) in paragraph 6, in both places in which it occurs, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I11 Reg. 18 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

19.  Omit Article 11.

Commencement Information

I12 Reg. 19 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

20.  For Article 12, substitute—

“Supervision U.K.

1.   After an additive has been authorised in accordance with this Regulation, any person using or placing on the market that substance, or a feedingstuff into which it has been incorporated, or any other interested party must comply with any conditions or restrictions which have been imposed on the placing on the market, use and handling of the additive or feedingstuffs containing it.

2.   Where monitoring requirements, as referred to in Article 8(4)(c), have been imposed, the holder of the authorisation must ensure that monitoring is carried out and must submit reports to the appropriate authority in accordance with the authorisation. The holder of the authorisation must immediately communicate to the Food Safety Authority any new information that might influence the evaluation of the safety in use of the feed additive, in particular health sensitivities of specific categories of consumers. The holder of the authorisation must immediately inform the Food Safety Authority of any prohibition or restriction imposed by the competent authority of any third country in which the feed additive is placed on the market.”.

Commencement Information

I13 Reg. 20 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

21.  For Article 13, substitute—

“Modification, suspension and revocation of authorisation U.K.

1.   On its own initiative or following a request from the appropriate authority, the Food Safety Authority must issue an opinion on whether an authorisation still meets the conditions set out by this Regulation. The Food Safety Authority must immediately transmit this opinion to the appropriate authority and, where applicable, to the holder of the authorisation. The opinion must be made public.

2.   The appropriate authority must examine the opinion of the Food Safety Authority without delay. The appropriate authority must, in light of the opinion of the Food Safety Authority, determine whether to modify, suspend or revoke the authorisation.

3.   If the holder of the authorisation proposes changing the terms of the authorisation by submitting an application to the appropriate authority, accompanied by the relevant data supporting the request for the change, the Food Safety Authority must transmit its opinion on the proposal to the appropriate authority. The appropriate authority must, in light of the opinion of the Food Safety Authority, determine whether to modify, suspend or revoke the authorisation.

4.   The appropriate authority must, without delay—

(a) inform the applicant of any determination the appropriate authority makes under this Article;

(b) invite the Food Safety Authority to amend the Register where appropriate.

5.   Articles 7(1) and (2), 8 and 9 apply accordingly.

6.   The terms of any modification, suspension or revocation must be in a form prescribed by the appropriate authority.”.

Commencement Information

I14 Reg. 21 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

22.  For Article 14, substitute—

“Renewal of authorisation U.K.

1.   Authorisations under this Regulation are renewable for 10 year periods. An application for renewal must be sent to the appropriate authority at the latest one year before the expiry date of the authorisation. In the case of authorisations not issued to a specific holder, any person who first places the additive on the market or any other interested party may submit the application to the appropriate authority and must be considered as the applicant. In the case of authorisations issued to a specific holder, the holder of the authorisation or the holder's legal successor may submit the application to the appropriate authority and is deemed to be the applicant.

2.   At the time of application, the applicant must send the following particulars and documents directly to the Food Safety Authority—

(a) a copy of the authorisation for placing the feed additive on the market;

(b) a report on the results of the post-market monitoring, if such monitoring requirements are included in the authorisation;

(c) any other new information which has become available with regard to the evaluation of the safety in use of the feed additive and the risks of the feed additive to animals, humans or the environment;

(d) where appropriate, a proposal for amending or supplementing the conditions of the original authorisation, including, among other things, the conditions concerning future monitoring.

3.   Articles 7(1), (2), (4) ,(5), (6) and (7), 8 and 9 apply accordingly.

4.   Where, for reasons beyond the control of the applicant, no decision is taken on the renewal of an authorisation before its expiry date, the period of authorisation of the product is automatically extended until the appropriate authority makes a determination. Information on this extension of the authorisation must be made available to the public in the Register.”.

Commencement Information

I15 Reg. 22 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

23.  For Article 15, substitute—

“Urgent authorisation U.K.

In specific cases where urgent authorisation is needed to ensure the protection of animal welfare, the appropriate authority may provisionally authorise the use of an additive for a maximum period of five years. The authorisation is to be in a form prescribed by the appropriate authority.”.

Commencement Information

I16 Reg. 23 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

24.  In Article 16—

(a) in paragraph 1—

[F2 (i) for “the Community” substitute “ Great Britain ”;]

(ii) for “at least the national language or languages of the Member State in which it is marketed,”, substitute “ English or in English and Welsh ”;

(b) for paragraph 6, substitute—

“6.   The appropriate authority may prescribe amendments to Annex 3 to take technological progress and scientific development into account.”.

Textual Amendments

F2 Reg. 24(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(4)

Commencement Information

I17 Reg. 24 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

25.  In Article 17—

(a) in the heading, omit “Community”;

(b) for paragraph 1, substitute—

“1.   The Food Safety Authority must establish and keep up to date a Register of Feed Additives.”.

Commencement Information

I18 Reg. 25 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

26.  In Article 18—

(a) in paragraph 2, for “Commission”, substitute “ appropriate authority ”;

(b) for paragraph 4, substitute—

“4.   The Food Safety Authority must, on request, supply the appropriate authority with all information in its possession, including any identified as confidential pursuant to paragraph 2.”;

(c) omit paragraph 5;

(d) for paragraph 6, substitute—

“6.   The appropriate authority and the Food Safety Authority must keep confidential all the information identified as confidential under paragraph 2 except where it is appropriate for such information to be made public in order to protect human health, animal health or the environment.”;

(e) in paragraph 7—

(i) for “Member States, the Commission and the Authority shall”, substitute “ appropriate authority and the Food Safety Authority must ”;

(ii) for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I19 Reg. 26 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

27.  Insert a new Article 18A—

“Article 18A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F3 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M1 (Scottish statutory instruments).

3.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4.   [F4 Any statutory instrument or Scottish statutory instrument] containing regulations made under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F5 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F6 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F3 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(5)(a)

F4 Words in reg. 27 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(5)(b)(i)

F5 Words in reg. 27 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(5)(b)(ii)

F6 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(5)(b)(iii)

F7 Words in reg. 27 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(5)(c)

Commencement Information

I20 Reg. 27 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 2010 asp 10.

28.  In Article 19—

(a) in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;

(b) in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”;

(c) in the first subparagraph, omit “a Member State or from”.

Commencement Information

I21 Reg. 28 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

29.  In Article 20—

(a) in paragraph 3, for “Commission”, substitute “ appropriate authority ”;

(b) in paragraph 4, for “Authority”, substitute “ Food Safety Authority ”.

Commencement Information

I22 Reg. 29 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

30.  For Article 21, substitute—

“Reference laboratory U.K.

1.   The duties and tasks of the reference laboratory are laid down in Annex 2.

2.   Applicants for the authorisation of additives must contribute to supporting the cost of the duties and tasks of the reference laboratory.

3.   The appropriate authority may prescribe rules for implementing Annex 2.

4.   The appropriate authority may prescribe amendments to Annex 2.”.

Commencement Information

I23 Reg. 30 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F8 30A.   Omit Article 21a.]

Textual Amendments

F8 Reg. 30A inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(6)

Commencement Information

I24 Reg. 30A in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

31.  Omit Articles 22 and 24.

Commencement Information

I25 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

32.  After Article 26, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I26 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

33.  In Annex 2—

(a) in the heading, omit “Community”;

(b) omit point 1;

(c) in point 2, in the opening words—

(i) omit “For the duties and tasks set out in this Annex, the CRL may be assisted by a consortium of national reference laboratories.”;

(ii) for “CRL”, substitute “reference laboratory;

(d) in point 2.2—

(i) for “Authority”, substitute “ Food Safety Authority ”;

(ii) for “and (5)”, substitute “ , (6), and (7) ”;

(iii) for “7(6)”, substitute “ 7(8) ”;

(e) in point 2.3, for “Authority”, substitute “ Food Safety Authority ”;

(f) in point 3, for “CRL shall be”, substitute “ reference laboratory is ”;

(g) in point 4—

(i) for “CRL shall”, substitute “ reference laboratory must ”;

(ii) for “Commission”, substitute “ appropriate authority ”;

(iii) for “Member States”, substitute “ there are reasonable grounds to ”;

(h) in point 5—

(i) for “Commission”, substitute “ appropriate authority ”;

(ii) for “CRL”, substitute “ reference laboratory ”;

(i) omit point 6;

(j) in point 7—

(i) for “Community reference laboratories”, substitute “ reference laboratory ”;

(ii) for “CRL”, substitute “ reference laboratory ”;

(iii) omit “official control laboratories from Members States and”.

Commencement Information

I27 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 183/2005 U.K.

34.  Regulation 183/2005 is amended as follows.

Commencement Information

I28 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

35.  Omit Article 2(3).

Commencement Information

I29 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

36.  In Article 3—

(a) in point (e), omit “of a Member State or of a third country”;

[F9 (b) after point (f) insert—

“(g) “third country” means any country or territory other than the British Islands;

(h) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iiii) in relation to Scotland, the Scottish Ministers;

(i) “Food Safety Authority” means—

(i) as regards England and Wales, the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland;

(j) “prescribe” means prescribe by regulations”.]

Textual Amendments

F9 Reg. 36(b) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(7)

Commencement Information

I30 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

37.  For Article 4(1), substitute—

“1.   Feed business operators must ensure that all stages of production, processing and distribution under their control are carried out in accordance with relevant hygiene requirements laid down in retained EU law.”.

Commencement Information

I31 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

38.  For Article 5(3), substitute—

“3.   Feed business operators must:

(a) comply with specific microbiological criteria;

(b) take measures or adopt procedures necessary to meet specific targets.

The criteria and targets referred to in points (a) and (b) may be prescribed by the appropriate authority.”.

Commencement Information

I32 Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

39.  In Article 6

(a) in paragraph 4, omit “, developed in accordance with Article 20”;

(b) for paragraph 5, substitute—

“5.   Measures to facilitate the implementation of this Article, including for small businesses, may be prescribed by the appropriate authority.”.

Commencement Information

I33 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

40.  For Article 7(3), substitute—

“3.   Detailed arrangements for the implementation of this Article may be prescribed by the appropriate authority. Such arrangements may facilitate certain feed business operators' implementation of HACCP principles developed in accordance with Chapter 3, with a view to complying with the requirements of Article 6(1).”.

Commencement Information

I34 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

41.  Omit Article 8.

Commencement Information

I35 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

42.  For Article 9(1), substitute—

“1.   Feed business operators must cooperate with the competent authorities as regards matters related to compliance with retained EU law.”.

Commencement Information

I36 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

43.  In Article 10—

(a) omit paragraph (2);

(b) for paragraph 3, substitute—

“(3) approval is required under measures prescribed by the appropriate authority, which measures must be designed to amend non-essential elements of this Regulation by supplementing it.”.

Commencement Information

I37 Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

44.  Omit Article 12.

Commencement Information

I38 Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

45.  For Article 17, substitute—

“Exemption from on-site visits U.K.

1.   Competent authorities are exempted from the obligation to carry out on site visits, as provided for in Article 13, of feed businesses which act solely as traders, without holding the products on their premises.

2.   Such feed businesses must submit to the competent authority a declaration, in a form decided upon by the competent authority, to the effect that the feeds placed on the market by them comply with the conditions of this Regulation.”.

Commencement Information

I39 Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

46.  In Article 19—

(a) In each place in which it appears, for “Member States”, substitute “ competent authorities ”;

(b) omit paragraph 6.

Commencement Information

I40 Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

47.  Omit Article 20.

Commencement Information

I41 Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

48.  In Article 21—

(a) for paragraphs (1) and (2), substitute—

“1.   When guides to good practice are developed, they must be developed and disseminated by feed business sectors:

(a) in consultation with representatives of parties whose interests may be substantially affected, such as competent authorities and user groups;

(b) having regard to relevant codes of practice of the Codex Alimentarius; and

(c) when they concern primary production of feed, having regard to the requirements set out in Annex 1.

2.   The Food Safety Authority must assess guides to ensure that:

(a) they have been developed in accordance with paragraph 1;

(b) their contents are practicable for the sectors to which they refer; and

(c) they are suitable as guides for compliance with Articles 4, 5 and 6, in the sectors and for the feeds concerned.”;

(b) omit paragraphs 3 and 4.

Commencement Information

I42 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

49.  Omit Article 22.

Commencement Information

I43 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

50.  For Article 23, substitute—

“Imports U.K.

1.   Feed business operators importing feed [F10 into Great Britain from a third country] must ensure that importation takes place only in accordance with the following conditions—

(a) the country of dispatch appears on a list of countries from which imports of feed are permitted;

(b) the establishment of dispatch appears on a list of establishments from which imports of feed are permitted;

(c) the feed was produced by the establishment of dispatch or by another establishment appearing on the list referred to in point (b) or in [F11 Great Britain]; and

(d) the feed satisfies—

(i) the requirements laid down in this Regulation;

(ii) those conditions recognised by the appropriate authority to be at least equivalent to those requirements;

(iii) where a specific agreement between the United Kingdom and the exporting country exists, the requirements contained in that agreement.

2.   A model import certificate may be prescribed by the appropriate authority.”.

Textual Amendments

F10 Words in reg. 50 inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(8)(a)

F11 Words in reg. 50 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(8)(b)

Commencement Information

I44 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F12 50A.   At the end of Article 24, add “ (reading Article 6 of Directive 98/51/EC as if the requirement imposed on the Member States were a requirement imposed on the appropriate authority and as if references to the Community were references to Great Britain) ”.]

Textual Amendments

F12 Reg. 50A inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(9)

Commencement Information

I45 Reg. 50A in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F13 51.   In Article 25, for “the Community” substitute “ Great Britain ”.]

Textual Amendments

F13 Reg. 51 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(10)

Commencement Information

I46 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

52.  Omit Article 26.

Commencement Information

I47 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

53.  For Article 27, substitute—

“Amendments of Annexes 1, 2 and 3 U.K.

The appropriate authority may prescribe amendments of Annexes 1, 2 and 3 to take account of—

(a) the development of codes of good practice;

(b) the experience gained from the implementation of HACCP-based systems pursuant to Article 6;

(c) technological developments;

(d) scientific advice, particularly new risk assessments;

(e) the setting of feed safety targets; and

(f) the development of requirements relating to specific operations.”.

Commencement Information

I48 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

54.  For Article 28, substitute—

“Derogations from Annexes 1, 2 and 3 U.K.

Derogations from Annexes 1, 2 and 3 may be prescribed by the appropriate authority for particular reasons, provided that such derogations do not affect the achievement of the objectives of this Regulation.”.

Commencement Information

I49 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

55.  Omit Articles 29, 30 [F14 , 30a] and 31.

Textual Amendments

F14 Word in reg. 55 inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(11)

Commencement Information

I50 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

56.  Insert a new Article 31A—

“Article 31A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F15 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M2 (Scottish statutory instruments).

3.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4.   [F16 Any statutory instrument or Scottish statutory instrument] containing regulations made under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F17 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F18 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F19 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F15 Words in reg. 56 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(12)(a)

F16 Words in reg. 56 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(12)(b)(i)

F17 Words in reg. 56 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(12)(b)(ii)

F18 Words in reg. 56 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(12)(b)(iii)

F19 Words in reg. 56 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(12)(c)

Commencement Information

I51 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M2 2010 asp 10.

57.  In the heading to Article 32, omit “European”.

Commencement Information

I52 Reg. 57 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

58.  For Article 32, substitute—

“Consultation of the Food Safety Authority U.K.

The appropriate authority must consult the Food Safety Authority on any matter, falling within the scope of this Regulation, that could have a significant impact on public health and, in particular, before proposing criteria or targets in accordance with Article 5(3).”.

Commencement Information

I53 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

59.  After Article 34, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I54 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

60.  In Annex 1—

(a) in Part A, at point 3, for “Community and national legislative provisions”, substitute “ retained EU law and any other enactment ”;

(b) in Part B—

(i) in point 1, omit “national and Community”;

(ii) in point 2, for “Community and national legislation or in Community and national programmes”, substitute “ retained EU law and any other enactment ”.

Commencement Information

I55 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

61.  In Annex 2—

(a) in the part of the Annex headed “facilities and equipment”, for point 10, substitute—

“10.   Establishments carrying out one or more of the following activities to place on the market products for use in feed are subject to approval by the appropriate authority in such a manner as the appropriate authority may prescribe—

(a) processing of crude vegetable oil except those under the scope of Regulation (EC) No 852/2004;

(b) oleochemical manufacturing of fatty acids;

(c) manufacturing of biodiesel;

(d) fat blending.”;

(b) in the part of the Annex headed “dioxin monitoring for oils, fats and derived products”—

(i) in point 2(c)(i), at the third indent, for “EU approved”, substitute “ approved under retained EU law ”;

(ii) in point 7 —

(aa) for the first paragraph, substitute—

“Where a feed business operator mandates a laboratory to perform an analysis, as referred to in point 1 the feed business operator must instruct the laboratory to communicate the results of that analysis to the competent authority in case the dioxin limits set out in points 1 and 2 of Section 5 of Annex 1 to Directive 2002/32/EC are exceeded.”;

(bb) omit the second paragraph;

(cc) in the third paragraph, omit “of the Member State where they are located”.

Commencement Information

I56 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

62.  In Annex 5, in Chapter 2—

[F20 (a) for point 2, substitute—

“2.   The ISO code of the country where the feed business is located;”;]

(b) in point 3, omit “national”.

Textual Amendments

F20 Reg. 62(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(13)

Commencement Information

I57 Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 378/2005 U.K.

63.  Regulation 378/2005 is amended as follows.

Commencement Information

I58 Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

64.  For Article 1, substitute—

“Subject matter and scope U.K.

This Regulation lays down detailed rules for the implementation of Regulation (EC) No 1831/2003 as regards the duties and tasks of the reference laboratory.”.

Commencement Information

I59 Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

65.  In Article 3—

(a) in each place it which it occurs, for “CRL”, substitute “ reference laboratory ”;

(b) in subparagraph 1(a), in the third indent, for “Community legislation”, substitute “ retained EU law ”.

Commencement Information

I60 Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

66.  In Article 4—

(a) in each place it which it occurs, for “CRL”, substitute “ reference laboratory ”;

(b) for paragraph 3, substitute—

“3.   The appropriate authority may, once a year, prescribe adaptations in the amount of the fee mentioned in paragraph 1. The adaptation shall take into account the experience gained during the operation of this Regulation and in particular the possibility of fixing different fees for different types of applications.”;

(c) after paragraph 3, insert—

“4.   In this Regulation, any rates, fees or charges denominated in euro (“EUR”) are to be read as converted into pounds sterling (“GBP”) using an exchange rate of GBP1 = EUR1.1413.

5.   Any power to make regulations under this Article—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F21 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6.   For regulations made under this Article by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M3 (Scottish statutory instruments).

7.   Any power to make regulations under this Article includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business); and

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

8.   [F22 Any statutory instrument or Scottish statutory instrument] containing regulations made under this Article is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F23 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F24 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9.   In this Article, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F25 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F21 Words in reg. 66(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(14)(a)

F22 Words in reg. 66(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(14)(b)(i)

F23 Words in reg. 66(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(14)(b)(ii)

F24 Words in reg. 66(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(14)(b)(iii)

F25 Words in reg. 66(c) omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(14)(c)

Commencement Information

I61 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M3 2010 asp 10.

67.  In Article 5—

(a) in each place in which it occurs (including the heading), for “CRL”, substitute “ reference laboratory ”;

(b) in paragraph 1, in the opening words, for “European Food Safety Authority (the Authority)”, substitute “ Food Safety Authority ”;

(c) in each place in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;

(d) in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I62 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

68.  In the heading to Chapter 2, omit “National”.

Commencement Information

I63 Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

69.  In Article 6—

(a) in the heading, omit “National”;

(b) for paragraph 1, substitute—

“1.   The reference laboratory is to be assisted by a consortium of national laboratories for the duties and tasks set out in 2.2, 2.4 and 3 of Annex 2 to Regulation (EC) No. 1831/2003.”;

(c) in paragraph 2, omit “The laboratories listed in Annex II are hereby appointed national reference laboratories to take part in the consortium.”;

(d) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(e) omit paragraph 4.

Commencement Information

I64 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

70.  Omit Articles 7 and 8.

Commencement Information

I65 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

71.  For Article 9, substitute—

“Duties and tasks of the laboratories participating in the consortium U.K.

1.   The laboratories participating in the consortium are responsible for assisting the reference laboratory in the preparation of evaluation reports by sending comments to the reference laboratory within 20 days of the reception of the initial report.

2.   Each laboratory must communicate to the reference laboratory by 30 January each year an estimate of the number of applications for which the laboratory considers itself able to carry out the tasks for that year. The reference laboratory must make available annually to all the laboratories a compilation of the estimates provided.”.

Commencement Information

I66 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

72.  In Article 10—

(a) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(b) in both places in which it occurs, for “Authority” substitute “ Food Safety Authority ”;

(c) in subparagraph 1, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I67 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

73.  In Article 11—

(a) in both places in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(b) for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I68 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

74.  In Article 12, in both places in which it occurs, for “CRL”, substitute “ reference laboratory ”.

Commencement Information

I69 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

75.  After Article 14, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I70 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

76.  In Annex 1, omit point (a).

Commencement Information

I71 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

77.  Omit Annex 2.

Commencement Information

I72 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

78.  In Annex 4—

(a) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(b) in point 2, for “Rapporteur Laboratory for”, substitute “ laboratory which performs ”.

Commencement Information

I73 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 429/2008 U.K.

79.  Regulation 429/2008 is amended as follows.

Commencement Information

I74 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

80.  In Article 2(2), for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I75 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

81.  After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I76 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

82.  In Annex 1—

(a) in point 1—

(i) for “European Commission health and consumer protection Directorate-general”, substitute “ The appropriate authority ”;

(ii) for “The Applicant(s) and/or his/their Representative(s) in the Community (Article 4(3) of Regulation (EC) No 1831/ 2003), under the conditions required in Article 7(3)(a) of Regulation (EC) No 1831/2003 (name, address….)”, substitute “ The Applicant (name, address…) ”;

(b) in point 1.3, for “Community Reference Laboratory (CRL)”, substitute “ reference laboratory ”;

(c) in point 1.4—

(i) for “Authority”, substitute “ Food Safety Authority ”;

(ii) for “CRL”, substitute “ reference laboratory ”;

(d) in point 1.5—

(i) in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;

(ii) for “Commission”, substitute “ appropriate authority ”;

(iii) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(iv) at the end, in the wording which begins “Complete the parts” and ends “European Commission”, for “European Commission”, substitute “ appropriate authority ”;

(e) in point 2(2), for “Commission, Authority and CRL”, substitute “ appropriate authority, Food Safety Authority and reference laboratory ”.

Commencement Information

I77 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

83.  In Annex 2—

(a) in the part of the Annex headed “General Aspects”,

(i) in the fifth paragraph (which begins with the words “The dossier”)—

(aa) omit “European”;

(bb) for “following the legislation in force in the Community”, substitute “ under retained EU law ”;

[F26 (ii) in the seventh paragraph (which begins with the words “Where in vivo”), for “the Community” substitute “Great Britain”;]

(b) in Section 1, in point 1.1.2(f), for “Community Legislation”, substitute “ retained EU law ”;

(c) in Section 2—

(i) in point 2.1.3, in the sixth paragraph (which begins with the words “Without prejudice”), for “Authority”, substitute “ Food Safety Authority ”;

(ii) in point 2.1.4, in the third paragraph (which begins with the words “Specific requirements”), for “existing Community legislation”, substitute “ retained EU law ”;

[F27 (iii) in point 2.1.4.1, for “European Community food additive authorisations” substitute “food additive authorisations in Great Britain”;]

[F28 (iv) in point 2.1.4.2, in the second paragraph (which begins with the words “For feed additives”), for “the European Community” substitute “Great Britain”;]

[F29 (v) in point 2.2.1.2, in the second paragraph (which begins with the words “For micro-organisms), for “the European Union” substitute “Great Britain”;]

(vi) in point 2.6—

(aa) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(bb) in the fourth paragraph (which begins with the words “Analytical methods”), for “Commission”, substitute “ appropriate authority ”;

(cc) in both places in which it occurs, for “Authority”, substitute “ Food Safety Authority ”;

(vii) in point 2.6.1.1., in the first indent, for “Community rules (e.g. Community methods of analysis)” substitute “ retained EU law ”;

(viii) in point 2.6.1.3, omit the words from “For reasons of independence” to “evaluation of the application”;

(ix) in point 2.6.1.4—

(aa) for “CRL”, substitute “ reference laboratory ”;

(bb) for “Authority”, substitute “ Food Safety Authority ”;

(x) in point 2.6.1.5, for “CRL”, substitute “ reference laboratory ”;

(xi) in point 2.6.2.3—

(aa) omit the words from “For reasons of independence” to “evaluation of the application”;

(bb) in each place in which it occurs, for “CRL”, substitute “ reference laboratory ”;

(xii) in point 2.6.3—

(aa) for “Authority”, substitute “ Food Safety Authority ”;

(bb) for “Commission”, substitute “ appropriate authority ”;

(xiii) in point 2.6.2.4—

(aa) for “CRL”, substitute “ reference laboratory ”;

(bb) for “Authority”, substitute “ Food Safety Authority ”;

(xiv) in point 2.6.2.5, for “CRL”, substitute “ reference laboratory ”;

(d) in Section 3—

(i) in point 3.2.1, in the second paragraph (which begins with the words “Studies must be carried out”)—

(aa) for “European legislation in force”, substitute “ retained EU law ”;

(bb) for “European Community legislation”, substitute “ retained EU law ”;

(ii) in point 3.2.2, in the final subparagraph, in both places in which it occurs, for “European legislation”, substitute “ retained EU law ”;

[F30 (iii) in point 3.2.3.3, in the final paragraph (which begins with the words “In certain situations”) for “Community data” substitute “data in Great Britain”;]

[F31 (iv) in point 3.2.3.4—

(aa) in the first paragraph, for “the Community” substitute “ Great Britain ”;

(bb) in the fourth paragraph (which begins with the words “Studies concerning”), omit the bracketed wording;]

(e) in Section 4—

[F32 (i) in the first paragraph (which begins with the words “Studies shall demonstrate”) for “the EU” substitute “Great Britain”;]

(ii) in point 4.4, in the second paragraph (which begins with the words “Efficacy trials”), for “European Union”, substitute “[F33 Great Britain]”;

(iii) in point 5, in the second paragraph (which begins with the words “The design”), for “Commission and the Authority”, substitute “ appropriate authority and the Food Safety Authority ”;

Textual Amendments

F26 Reg. 83(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(a)

F27 Reg. 83(c)(iii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(b)(i)

F28 Reg. 83(c)(iv) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(b)(ii)

F29 Reg. 83(c)(v) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(b)(iii)

F30 Reg. 83(d)(iii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(c)(i)

F31 Reg. 83(d)(iv) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(c)(ii)

F32 Reg. 83(e)(i) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(d)(i)

F33 Words in reg. 83(e)(ii) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(15)(d)(ii)

Commencement Information

I78 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

84.  In Annex 3—

[F34 (a) in point 8.3, in the second paragraph (which begins with the words “For those additives”) for “ the European Union” substitute “ Great Britain ”;]

(b) in point 10.1, in the first paragraph (which begins with the words “The whole of”), omit “Community”.

Textual Amendments

F34 Reg. 84(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(16)

Commencement Information

I79 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 152/2009 U.K.

85.  Regulation 152/2009 is amended as follows.

Commencement Information

I80 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

86.  In Article 1, insert after the final paragraph, “ In this Regulation, “reference laboratory” means a reference laboratory prescribed by the appropriate authority under Regulation 2017/625. ”.

Commencement Information

I81 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

87.  After Article 7, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I82 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

88.  In Annex 1—

(a) in point 1, in the fourth paragraph—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU law ”;

(b) in point 3, in the fourth indent, for “Member States' rules as regards the right of the feed business operator”, substitute “ the right of the feed business operator to challenge the method of sampling. ”;

(c) in point 8.2.1, in the fourth paragraph—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU Law ”;

(d) in point 8.2.2, in the second paragraph—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU Law ”;

(e) in point 8.3—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU Law ”;

(f) in point 8.4.1—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU Law ”;

(g) in point 8.4.2.2—

(i) for “EU requirements”, substitute “ retained EU law ”;

(ii) for “the EU requirements”, substitute “ retained EU Law ”.

Commencement Information

I83 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

89.  In Annex 5, in Part B—

(a) in Chapter 1—

(i) in point 2.1, for “the national rules shall apply”, substitute “ enactments other than EU-derived domestic legislation apply ”;

(ii) in point 2.2, for “the national rules shall apply”, substitute “ enactments other than EU-derived domestic legislation apply ”;

(b) in Chapter 2, in point 7.1.4, for “the Union legislation”, substitute “ retained EU law ”.

Commencement Information

I84 Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Prospective

F35 90.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Reg. 90 omitted (31.12.2020 immediately before IP completion day) by virtue of The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) (No. 2) Regulations 2020 (S.I. 2020/1631), regs. 1(2), 4(2)

91.  In Annex 7, in point 4, in the first paragraph, omit “Community”.

Commencement Information

I85 Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 767/2009 U.K.

92.  Regulation 767/2009 is amended as follows.

Commencement Information

I86 Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

93.  In Article 1, omit “internal”.

Commencement Information

I87 Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

94.  In Article 2—

[F36 (a) in paragraph 1, for “the Community” substitute “ Great Britain ”;]

(b) in paragraph 2, omit “Community”.

Textual Amendments

F36 Reg. 94(a) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(17)

Commencement Information

I88 Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F37 95.   In Article 3(2)—

(a) in subparagraphs (c) and (f), at the end add “ or the United Kingdom ”.

(b) after subparagraph (u), insert—

“(v) “prescribe” means prescribe by regulations;

(w) “appropriate authority” means—

(i) in relation to England, the Secretary of State;

(ii) in relation to Wales, the Welsh Ministers;

(iii) in relation to Scotland, the Scottish Ministers;

(x) “Food Safety Authority” means—

(i) as regards England and Wales, the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland.”.]

Textual Amendments

F37 Reg. 95 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(18)

Commencement Information

I89 Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

96.  In Article 4(2)(b), omit “Community”.

Commencement Information

I90 Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

97.  In Article 6, for paragraph 2, substitute—

“2.   The appropriate authority may prescribe the list of materials whose placing on the market or use for animal nutritional purposes is restricted or prohibited taking into account in particular scientific evidence, technological developments F38 ... or F38 ... intelligence sharing systems or results of official controls pursuant to Regulation (EC) No 882/2004.”.

Textual Amendments

F38 Words in reg. 97 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(19)

Commencement Information

I91 Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

98.  For Article 7, substitute—

“Characteristics of types of feed U.K.

The appropriate authority may, where necessary, prescribe whether a certain product constitutes feed for the purposes of this Regulation.”.

Commencement Information

I92 Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

99.  For Article 10, substitute—

“List of intended uses of feed intended for particular nutritional purposes U.K.

The appropriate authority may prescribe how the list of intended uses set out in Directive 2008/38/EC may be updated, to include—

(a) how an intended use is to be assessed;

(b) how the conditions of use should be determined;

(c) the procedure by which—

(i) an application for adding a new use may be made;

(ii) an amendment to a use or one or more of its conditions may be authorised; and

(iii) a use may be removed.”.

Commencement Information

I93 Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

100.  In Article 11, for paragraph 1(c), substitute—

“(c) as to the compliance of the labelling with the Catalogue of Feed Materials and the Codes referred to in Articles 24 and 25.”.

Commencement Information

I94 Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

101.  In Article 13—

(a) for paragraph 1(b), substitute—

“(b) the person responsible for the labelling provides, at the request of the competent authority, scientific substantiation of the claim, either by reference to publicly available scientific evidence or through documented company research. The scientific substantiation must be available at the time the feed is placed on the market. Purchasers must have the right to bring to the attention of the competent authority their doubts in respect of the truthfulness of the claim. Where the conclusion is reached that the claim is not sufficiently substantiated, the labelling in respect of such claim must be considered misleading for the purposes of Article 11. Where the competent authority has doubts regarding the scientific substantiation of the claim concerned, it may submit the issue to the appropriate authority.”;

(b) omit paragraph 4.

Commencement Information

I95 Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

102.  For Article 14, substitute—

“Presentation of labelling particulars U.K.

1.   The mandatory labelling particulars must be given in their entirety in a prominent place on the packaging, the container, on a label attached to it or on the accompanying document provided for in Article 11(2), in a conspicuous, clearly legible and indelible manner, in English or in English and Welsh.

2.   The mandatory labelling particulars must be easily identifiable and must not be obscured by any other information. They must be displayed in a colour, font and size that does not obscure or emphasise any part of the information, unless such variation is to draw attention to precautionary statements.”.

Commencement Information

I96 Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

103.  In Article 16, for paragraph 1(b), substitute—

“(b) the compulsory declaration corresponding to the respective category as set out in the list in Annex 5; the compulsory declaration may be replaced by the particulars laid down in the Catalogue of Feed Materials referred to in Article 24 for each feed material in the respective category.”.

Commencement Information

I97 Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

104.  In Article 17, omit paragraph 4.

Commencement Information

I98 Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

105.  For Article 20, substitute—

“Additional mandatory labelling requirements for non-compliant feed U.K.

1.   In addition to the requirements laid down in Articles 15, 16, 17 and 18, feed which does not comply with the requirements set out in Annex 8, such as contaminated materials, must bear the labelling particulars laid down in that Annex.

2.   The appropriate authority may prescribe amendments to Annex 8 in order to bring it into line with the development of standards.”.

Commencement Information

I99 Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

106.  In Article 21, for paragraph 8, substitute—

“8.   The appropriate authority may derogate from the provisions of this Regulation in respect of of feed intended for animals kept for scientific or experimental purposes on condition that such purpose is clearly indicated on the label.”.

Commencement Information

I100 Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

107.  In Article 22, omit paragraph 2.

Commencement Information

I101 Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

108.  In the heading to Chapter 5, omit “Community” in both places in which it appears.

Commencement Information

I102 Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

109.  In the heading to Article 24, omit “Community”.

Commencement Information

I103 Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

110.  For Article 24, substitute—

“Catalogue of feed materials U.K.

1.   A Catalogue of Feed Materials (the Catalogue) must be maintained by the appropriate authority. The Catalogue must include for each feed material listed at least the following particulars—

(a) the name;

(b) the identification number;

(c) a description of the feed material including information on the manufacturing process, if appropriate;

(d) particulars replacing the compulsory declaration for the purpose of Article 16(1)(b); and

(e) a glossary with the definition of the different processes and technical expressions mentioned.

2.   Use of the Catalogue by the feed business operators is voluntary. However, the name of a feed material listed in the Catalogue may be used only on condition that all relevant provisions of the Catalogue are complied with.

3.   The person who, for the first time, places on the market a feed material that is not listed in the Catalogue must immediately notify its use to the representatives of feed businesses in [F39 Great Britain].

4.   The appropriate authority may prescribe amendments to the Catalogue.”.

Textual Amendments

F39 Words in reg. 110 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(20)

Commencement Information

I104 Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

111.  In the heading to Article 25, omit “Community”.

Commencement Information

I105 Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

112.  For Article 25, substitute—

“Codes of good labelling practice U.K.

1.   The Food Safety Authority is to develop Codes of good labelling practice (the Codes), one for pet food and one for compound feed for food producing animals, which may include a section concerning compound feed for fur animals.

2.   The Codes must aim to improve the appropriateness of the labelling. They must, in particular, include provisions on the presentation of labelling particulars provided for in Article 14, on the voluntary labelling provided for in Article 22 and on the use of claims provided for in Article 13.

3.   Use of the Codes by the feed business operators is voluntary. However, use of any of the Codes may be indicated on the labelling only on condition that all relevant provisions of such Code are complied with.”.

Commencement Information

I106 Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

113.  Omit Article 26.

Commencement Information

I107 Reg. 113 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

114.  For Article 27, substitute—

“Implementing measures U.K.

The appropriate authority may prescribe amendments to the Annexes in order to adapt them in light of scientific and technological developments.”.

Commencement Information

I108 Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

115.  Omit Article 28.

Commencement Information

I109 Reg. 115 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

116.  Insert a new Article 28A—

“Article 28A U.K. Regulations and devolved powers

1.   Any power to make regulations under this Regulation—

(a) so far as exercisable by a Minister of the Crown, is exercisable by statutory instrument;

(b) so far as exercisable by the Welsh Ministers, is exercisable by statutory instrument;

F40 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2.   For regulations made under this Regulation by the Scottish Ministers, see also section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 M4 (Scottish statutory instruments).

3.   Any power to make regulations under this Regulation includes power—

(a) to make different provision in relation to different cases or classes of case (including different provision for different areas or different classes of business);

(b) to provide for such exceptions, limitations and conditions, and to make such supplementary, incidental, consequential or transitional provisions, as the appropriate authority considers necessary or expedient.

4.   [F41 Any statutory instrument or Scottish statutory instrument] containing regulations under this Regulation is subject to annulment in pursuance of a resolution—

(a) in the case of England, of either House of Parliament;

(b) in the case of Wales, of [F42 Senedd Cymru];

(c) in the case of Scotland, of the Scottish Parliament;

F43 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5.   In this Regulation, any power—

(a) of the Secretary of State to make regulations is limited to regulations which apply in relation to England only;

(b) of the Welsh Ministers to make regulations is limited to regulations which apply in relation to Wales only;

(c) of the Scottish Ministers to make regulations is limited to regulations which apply in relation to Scotland only;

F44 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .”.

Textual Amendments

F40 Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(a)

F41 Words in reg. 116 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(b)(i)

F42 Words in reg. 116 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(b)(ii)

F43 Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(b)(iii)

F44 Words in reg. 116 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(21)(c)

Commencement Information

I110 Reg. 116 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M4 2010 asp 10.

117.  Omit Article 31.

Commencement Information

I111 Reg. 117 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

118.  After Article 33, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I112 Reg. 118 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

119.  In Annex 2, omit point 3.

Commencement Information

I113 Reg. 119 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

120.  In Annex 4, in Part A, at point (1), omit “at Union level”.

Commencement Information

I114 Reg. 120 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

121.  In Annex 8, in the heading, for “Community”, substitute “ retained EU ”.

Commencement Information

I115 Reg. 121 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 892/2010 U.K.

122.  Regulation 892/2010 is amended as follows.

Commencement Information

I116 Reg. 122 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

123.  After Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I117 Reg. 123 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 619/2011 U.K.

124.  Regulation 619/2011 is amended as follows.

Commencement Information

I118 Reg. 124 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

125.  In Article 1(1), insert a new subparagraph (4)—

“(4) “reference laboratory” means a laboratory prescribed by the appropriate authority under Regulation 2017/625.”.

Commencement Information

I119 Reg. 125 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

126.  In Article 2—

(a) for “EFSA”, substitute “ Food Safety Authority ”;

(b) in both places in which it occurs, for “European Union Reference Laboratory”, substitute “ reference laboratory ”.

Commencement Information

I120 Reg. 126 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

127.  In Article 3, in paragraph 1, for “Member States”, substitute “ the competent authority ”.

Commencement Information

I121 Reg. 127 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

128.  For Article 6, substitute—

“Measures in case of detection of GM material referred to in Article 2 U.K.

1.   Where results of analytical tests indicate the presence of GM material referred to in Article 2 are at or above the MRPL as defined in accordance with the rules of interpretation set out in Annex 2, Part B, the feed must be considered as non- compliant with Regulation (EC) No 1829/2003.

2.   Where results of analytical tests indicate the presence of GM material referred to in Article 2 is below the MRPL as defined in accordance with the rules of interpretation set out in Annex 2, Part B, competent authorities must record this information and notify the Food Safety Authority and the appropriate authority by 30 June of each year. Recurrent findings over a period of time of 3 months must be notified without delay.”.

Commencement Information

I122 Reg. 128 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

129.  For Article 7, substitute—

“List of GM material referred to in Article 2 U.K.

The Food Safety Authority must publish the list of GM material complying with the conditions set out in Article 2 on its website. The list must include information as to the place where the certified reference material can be accessed as required by Article 17(3)(j) of Regulation (EC) No 1829/2003 and, if applicable, information on the measures taken by the appropriate authority and Food Safety Authority.”.

Commencement Information

I123 Reg. 129 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

130.  For Article 8, substitute—

“Review U.K.

The Food Safety Authority must monitor the application of this Regulation and its impact on feed, livestock and other operators, and, if necessary, advise the appropriate authority as regards amendments which might be made to this Regulation.”.

Commencement Information

I124 Reg. 130 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

131.  After Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I125 Reg. 131 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

132.  In Annex 2, Part B—

(a) in point 1—

(i) omit “European Union”;

(ii) omit “European”;

(b) in point 2, for “EU-RL” substitute “ reference laboratory ”.

Commencement Information

I126 Reg. 132 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 68/2013 U.K.

133.  Regulation 68/2013 is amended as follows.

Commencement Information

I127 Reg. 133 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

134.  After Article 4, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I128 Reg. 134 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

135.  In the Annex, in Part A—

(a) in point (2), for “the relevant legislation of the Union” substitute “ retained EU Law ”;

(b) in point (3), for “the EU food law”, substitute “ retained EU law ”.

Commencement Information

I129 Reg. 135 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

Amendment of Regulation 2015/786 U.K.

136.  Regulation 2015/786 is amended as follows.

Commencement Information

I130 Reg. 136 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F45 137.   In Article 1, after paragraph 2 insert—

“3.   The following definitions apply for the purpose of this Regulation—

(a) “appropriate authority” means—

(i) in relation to England; the Secretary of State;

(ii) in relation to Wales; the Welsh Ministers;

(iii) in relation to Scotland; the Scottish Ministers;

(b) “Food Safety Authority” means—

(i) as regards England and Wales, the Food Standards Agency;

(ii) as regards Scotland, Food Standards Scotland.”.]

Textual Amendments

F45 Reg. 137 substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(22)

Commencement Information

I131 Reg. 137 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

138.  In Article 2, for the second indent, substitute— “ — the Food Safety Authority has performed, on request of the appropriate authority, a scientific assessment of the detoxification process, and concluded that the detoxification process complies with the acceptability criteria, as set out in Articles 3, 4 and 5. ”.

Commencement Information

I132 Reg. 138 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

139.  In Article 3—

(a) in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;

(b) in paragraph 2, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I133 Reg. 139 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

140.  In Article 4—

(a) in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;

(b) in paragraph 2, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I134 Reg. 140 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

141.  In Article 5—

(a) in the opening words of paragraph 1, for “EFSA”, substitute “ the Food Safety Authority ”;

(b) in paragraph 2, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I135 Reg. 141 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

142.  In Article 6(3), omit “The Commission shall display the national links to those lists on the Commission's website, for information purposes.”.

Commencement Information

I136 Reg. 142 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

143.  In Article 7—

(a) in each place in which it occurs, for “EFSA”, substitute “ the Food Safety Authority ”;

(b) for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I137 Reg. 143 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

144.  After Article 9, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I138 Reg. 144 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

145.  In the Annex, in each place in which it occurs, for “Commission”, substitute “ appropriate authority ”.

Commencement Information

I139 Reg. 145 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

[F46 Amendment of Regulation 2020/354 U.K.

146.   Regulation 2020/354 is amended as follows.

Textual Amendments

F46 Regs. 146-148 inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(23)

Commencement Information

I140 Reg. 146 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

147.   In Article 2, for “Commission” substitute “ appropriate authority ” in both places in which it occurs.

Textual Amendments

F46 Regs. 146-148 inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(23)

Commencement Information

I141 Reg. 147 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1

148.   After Article 5, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.]

Textual Amendments

F46 Regs. 146-148 inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 (S.I. 2020/1504), regs. 1(2), 12(23)

Commencement Information

I142 Reg. 148 in force at 31.12.2020 on IP completion day (in accordance with 2020 c.1, Sch. 5 para. 1(1)), see reg. 1