The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 (“the instrument”) amends Regulation (EC) No. 178/2002 which provides the basic principles underpinning food safety. The instrument also amends Regulation No. 931/2011, that implements Regulation (EC) No. 178/2002, in order that it can be retained in an operable form after EU Exit.
Amongst other things, this instrument also revokes Regulation (EU) No. 16/2011 which concerns EU Member State responsibilities under the Rapid Alert System for Food and Feed (“RASFF”); unless negotiated otherwise the UK will not retain access to that system post Exit. 2.3 Finally, the instrument makes minor amendments to ensure continued operability of domestic enforcing regulations in England, the Food Safety and Hygiene (England) Regulations 2013 (“2013 Regulations”). 2.4 The instrument designates responsibilities currently incumbent on the European Food Safety Authority (“EFSA”, the body that provides scientific advice on food to the European Commission, the European Parliament and EU Member States) to the ‘Food Safety Authority’ (i.e. the Food Standards Agency ( “FSA”) in England, Wales, Northern Ireland, and Food Standards Scotland (“FSS ”) or other devolved administration organisations able to take up this role subject to further agreement) and designates responsibilities incumbent on the Europe an Commission to Ministers in the four UK countries.
