The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023

This Statutory Instrument has been made in consequence of a defect in S.I. 2023/28 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2023 No. 131

Food

The Food Supplements and Food for Specific Groups (Miscellaneous Amendments) (No. 2) Regulations 2023

Made

7th February 2023

Laid before Parliament

8th February 2023

Coming into force in accordance with regulation 1(2) to (4)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 16(1)(a) and 48(1) of the Food Safety Act 1990(1), Articles 11(1)(b) and (g), 16(1)(a) and 16A(2) of Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control(2) and regulations 2(2) and 5(3) of the Nutrition (Amendment etc.) (EU Exit) Regulations 2019(3).

The Secretary of State has consulted in accordance with Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4).

In accordance with Article 16A of Regulation (EU) No 609/2013 and regulation 5(2) of the Nutrition (Amendment etc.) (EU Exit) Regulations 2019, these Regulations are made with the consent of the Scottish and Welsh Ministers.

The Secretary of State has had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990.

(1)

1990 c. 16. Sections 16(1) and 48 were amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999 (c. 28). Article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) transferred the functions of a Minister of the Crown under sections 16 and 48, so far as exercisable in relation to Wales, to the National Assembly for Wales. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Articles 2 and 6 of, and the Schedule to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 2005 (S.I. 2005/849) transferred functions under sections 16 and 48 so far as they are exercisable in or as regards Scotland, to the Scottish Ministers. There are other amendments which are not relevant to these Regulations.

(2)

EUR 2013/609, amended by EUR 2017/1091, S.I. 2019/651 and 2020/1476.

(3)

S.I. 2019/651, amended by S.I. 2020/1476. The power to make regulations under regulations 2(2) and 5(3) is exercised by the “appropriate authority” as defined in regulation 5(4) and in accordance with regulation 5(2).

(4)

EUR 2002/178. Article 9 requires open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it. There are amendments which are not relevant to these Regulations.