Food Standards and Labelling
SI Title |
Laid Date |
Policy Area |
Summary |
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16/01/19 |
Food Standards and Labelling |
The purpose of this instrument is to remedy deficiencies in UK legislation relating to nutrition, arising from the withdrawal of the UK from the European Union (EU) in the event that the UK leaves without a deal having been agreed. The subject areas covered by this nutrition legislation are: nutrition and health claims made on foods; the addition of vitamins, minerals and certain other substances to foods; composition and labelling of food supplements; the composition and labelling of food for specific groups; and the sale of products containing Kava-kava. This Statutory Instrument amends existing domestic, and retained EU, legislation as well as revoking some pieces of related EU tertiary legislation which will no longer have any application to the UK after withdrawal. ˜EU tertiary legislation' refers to delegated acts and implementing acts made under powers contained in EU legislation (such as Regulations or Directives). The instrument is made under powers in the European Union (Withdrawal) Act 2018. |
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Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
16/01/19 |
Food Standards and Labelling |
The purpose of this instrument is to ensure that the Northern Ireland legislation relating to nutrition, composition and labelling listed below continues to operate effectively after the United Kingdom leaves the European Union. The Medical Food Regulations (Northern Ireland) 2000. The Food Supplements Regulations (Northern Ireland) 2003. The Kava-kava in Food Regulations (Northern Ireland) 2005. The Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007. The Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007. The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2009. |
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Food (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
30/01/19 |
Food Standards and Labelling |
This SI will make a number of technical amendments to ensure the operability of certain pieces of domestic food legislation in Northern Ireland following the UK's exit from the EU. The amendments are mostly minor technical fixes but for the eventuality of the UK leaving the EU without a deal, it also addresses a specific policy aspect on natural mineral water recognitions. Simple technical amendments would be sufficient to enable many of the provisions contained in the relevant regulations to work after EU Exit. Those regulations are: |
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31/01/19 |
Food Standards and Labelling |
Currently, the contaminants in food legislation is set by the EU and is implemented in the UK by statutory instruments. The Contaminants in Food (Amendment) (EU Exit) Regulations 2019 (the instrument) fixes inoperabilities in the retained EU legislation on contaminants in food (as listed in para 6.2) so that it will continue to be applicable as domestic law and ensure continued safety of food after the UK has left the EU. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to the Contaminants in Food policy and legislation. |
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31/01/19 |
Food Standards and Labelling |
The General Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 (the instrument ) are being made principally to fix inoperabilities in Regulation (EC) No. 852/2004 that will arise as a consequence of the UK's exit from the European Union. The fixes being made to Regulation (EC) No. 852/2004 by way of this instrument will help to maintain the continued safety of food through the maintenance of requirements for hygienic practices from primary production through all stages of food production to the final consumer. This instrument also fixes the inoperability of certain other retained, related EU Regulations. These are Regulation (EU) No. 579/2014, Regulation (EC) No. 2073/2005 and Regulation (EU) No. 2017/2158. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to General Food Hygiene policy and legislation. |
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General Food Law (Amendment etc.) (EU Exit) Regulations 2019 |
31/01/19 |
Food Standards and Labelling |
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. 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. 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 ). 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 European Commission to Ministers in the four UK countries. This instrument amends the 2013 Regulations to ensure they are operable after EU exit, so that Schedule 1 of those regulations gives effect to amendments to the Annexes of retained EU instruments listed in that schedule and also to ensure that the legislative references of specific provisions in its Schedule 2 are suitably updated. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to General Food Law policy and legislation. |
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Quick-frozen foodstuffs (Amendment) (EU Exit) Regulations 2019 |
31/01/19 |
Food Standards and Labelling |
The Quick-frozen Foodstuffs (Amendment) (EU Exit) Regulations 2019 fix the inoperability of retained EU law on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption. The instrument also amends The Quick-frozen Foodstuffs (England) Regulations 2007. |
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Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 |
31/01/19 |
Food Standards and Labelling |
The Specific Food Hygiene (EU Exit) Regulations 2019 (the instrument ) is being made to fix the inoperabilities of retained EU legislation which arise as a consequence of the UK's exit from the European Union. The instrument fixes the inoperabilities of Regulation (EC) No. 853/2004 that lays down specific hygiene measures for the production and processing of certain food products of animal origin and Regulation (EC) No. 854/2004 that lays down the corresponding official controls. The instrument also fixes the inoperabilities of Regulation (EU) No. 101/2013, Regulation (EU) No. 2015/1474, and Regulation (EU) No. 2017/1978, which either provide additional requirements for specific hygiene purposes or amend existing requirements. This instrument revokes Regulation (EU) No. 636/2014 concerning unskinned large wild game. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to Specific Food Hygiene policy and legislation. |
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Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 |
04/02/19 |
Food Standards and Labelling |
The Food and Feed (Chernobyl and Fukushima Restrictions) (Amendment) (EU Exit) Regulations 2019 (the instrument) are being made to fix inoperabilities in the retained EU legislation on special conditions for the import of food and feed that have been affected by nuclear accidents at Chernobyl, Ukraine and Fukushima, Japan (as listed in paragraphs 6.3 and 6.4) that will arise as a consequence of the UK's exit from the European Union (EU). This instrument is a legislative consequence of the UK's decision to leave the European Union, which will also result in our departure from the European Atomic Energy Community (the Euratom Treaty ). The Euratom Treaty covers civil nuclear policy and legislation across the EU including emergency response to nuclear incidents. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to the Food and Feed (Chernobyl and Fukushima Restrictions) policy and legislation. |
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04/02/19 |
Food Standards and Labelling |
The Food and Feed (Maximum Permitted Levels of Radioactive Contamination) (Amendment) (EU Exit) Regulations 2019 (the instrument ) are being made to fix inoperabilities in the retained EU legislation, Council Regulation (Euratom) 2016/52 laying down maximum permitted levels of radioactive contamination of food and feed following a nuclear accident or any other case of radiological emergency, that will arise as a consequence of the UK's exit from the European Union. This instrument is a legislative consequence of the UK's decision to leave the European Union, which will also result in our departure from the European Atomic Energy Community (the Euratom Treaty ). The Euratom Treaty covers civil nuclear policy and legislation across the EU including emergency response to nuclear incidents. |
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Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 |
04/02/19 |
Food Standards and Labelling |
The Genetically Modified Food and Feed (Amendment etc.) (EU Exit) Regulations 2019 are being made under Section 8(1) of the European Union (Withdrawal) Act 2018 to ensure the effective functioning of retained EU law concerning genetically modified (GM) food and animal feed ( ˜feed') in the UK after EU Exit. The instrument amends the following retained EU law to correct deficiencies that arise as a consequence of the UK's exit from the EU: Regulation (EC) No. 1829/2003 (framework regulation on genetically modified food and feed); Commission Regulation (EC) No 641/2004 (detailed rules on applications for authorisation of new GM food and feed and adventitious or technically unavoidable presence of authorised GM material, and 68 Commission Decisions authorising GM food and/or feed events for placing on the market, or withdrawing such authorisations and providing transitional arrangements which will be extant when the UK exits the EU. The instrument also revokes Commission Regulation (EC) No 1981/2006 (detailed rules regarding the Community reference laboratory for GM organisms) which will become redundant when the UK exits the EU. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to GM Food and Feed policy and legislation. |
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05/02/19 |
Food Standards and Labelling |
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Amendment etc.) (EU Exit) Regulations 2019 (hereon after referred to as ˜this instrument') fixes inoperabilities in the retained EU legislation on food additives, flavourings, enzymes, extraction solvents and processing aids which are collectively referred to as food improvement agents. The amendments in this instrument are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 to enable the regulatory requirements applicable to these substances to operate effectively as domestic legislation after the UK has left the EU. This instrument amends the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 which provides for the enforcement in England of the regulatory requirements for food improvement agents, with similar legislation enacted across Wales, Scotland, and Northern Ireland. It will also amend eleven EU Regulations (as listed at para 6.2) that provide the detailed rules for these substances. This instrument will also revoke Regulation (EU) No 257/2010 which provides for the establishment of an ongoing programme of re-evaluation of food additives that were approved prior to 2009. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to food improvement agents, policy and legislation. |
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Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 |
05/02/19 |
Food Standards and Labelling |
The Food and Feed Imports (Amendment) (EU Exit) Regulations 2019 (the ˜instrument') amends European legislation relating to import controls on food and feed, from outside of the United Kingdom (UK), to ensure its operability following the UK's departure from the European Union (EU). Imports legislation sets rules for the verification of food and feed law by competent authorities in the UK such as the Food Standards Agency (FSA). This instrument amends references to European institutions and systems in order that the legislation is operable in the UK following our departure from the EU. It is intended to provide continuity for operators and trade whilst protecting public health. |
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Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 |
05/02/19 |
Food Standards and Labelling |
The Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 (the instrument ) are being made to fix inoperabilities in the retained EU Legislation on food contact material legislation; namely European Commission Regulation (EC) No. 1935/2004 (the Framework Regulation ) on materials and articles intended to come into contact with food, Regulation (EC) No. 450/2009, Regulation (EU) No. 10/2011, Regulation (EC) No. 282/2008, Regulation (EC) No. 2023/2006, Regulation (EC) No. 1895/2005 and Regulation (EU) No. 2018/213 that will arise as a consequence of the UK's exit from the European Union (EU). This instrument is a legislative consequence of the UK's decision to leave the EU and will apply from Exit day in order to ensure the continued safety of materials and articles in contact with food. As a responsible government, we will continue to proportionately prepare to ensure readiness on exit day in all scenarios. The purpose of this instrument therefore, is to ensure that there will continue to be a functioning statute book on exit day which maintains continuity in relation to food and feed (materials and articles in contact with food) policy and legislation. |
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Food and Feed Hygiene and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 |
11/02/19 |
Food Standards and Labelling |
The purpose of the Statutory Instrument (SI) is to ensure Northern Ireland legislation relating to food and feed hygiene and safety listed below continues to operate effectively after the UK leaves the EU. The General Food Regulations (Northern Ireland) 2004 |
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Food and Drink, Veterinary Medicines and Residues (Amendment etc.) (EU Exit) Regulations 2019 |
13/02/19 |
Food Standards and Labelling |
The majority of this instrument corrects retained EU law on Geographical Indication (GI) schemes. The remainder makes a small number of non-GI provisions on sector standards for wines and spirits and on veterinary medicines. GIs are a form of intellectual property protection for the names of agricultural, food and drink products, the qualities or characteristics of which are attributable to the region or locality where they are produced and/or the traditional methods by which they are produced. Examples include Scotch Whisky, Welsh Lamb and Kentish Ale and Lough Neagh Eels. |
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Market Measures (Marketing Standards) (Amendment) (EU Exit) Regulations 2019 |
13/02/19 |
Food Standards and Labelling |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU ) legislation relating to the Common Market Organisation (CMO ) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK ) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. The four instruments are as follows: These four instruments amend the retained EU legislation providing rules for the functioning and administration of the Common Organisation of Agricultural Markets and the Agri-Promotion scheme under the powers granted by the EU (Withdrawal) Act 2018. |
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Market Measures (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2019 |
13/02/19 |
Food Standards and Labelling |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU ) legislation relating to the Common Market Organisation (CMO ) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK ) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. The four instruments are as follows: |
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Market Measures Payment Schemes (Amendment) (EU Exit) Regulations 2019 |
13/02/19 |
Food Standards and Labelling |
This Explanatory Memorandum covers four statutory instruments which together amend retained European Union (EU ) legislation relating to the Common Market Organisation (CMO ) with a common objective of, directly or indirectly, supporting prices received by agricultural producers, and the Agri-Promotion scheme. These instruments will address operability issues created by the United Kingdom (UK ) leaving the EU. These instruments will ensure that the CMO can continue to operate effectively after EU Exit. The four instruments are as follows: |
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Organic Production and Control (Amendment) (EU Exit) Regulations 2019 |
13/02/19 |
Food Standards and Labelling |
This instrument ensures that organic standards remain the same as now for organic operators within the UK by amending deficiencies within the retained EU legislation. |
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14/02/19 |
Food Standards and Labelling |
This cross-cutting instrument makes a range of minor amendments to EU legislation on wine and spirit drinks that were settled in the EU too late to be included in earlier negative instruments. This instrument also makes minor amendments to previously laid EU Exit instruments to make corrections, specifically: ? The Genetically Modified Organisms (Amendment) (England) (EU Exit) Regulations 2019 (S.I. 2019/88) ? The Genetically Modified Organisms (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/90) ? The Genetically Modified Organisms (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/190) ? The Common Agricultural Policy (Direct Payments to Farmers) (Amendment) (EU Exit) Regulations 2019 (SI 2019/207) ? The Common Agricultural Policy (Rules for Direct Payments) (Amendment) (EU Exit) Regulations 2019 (SI 2019/208). These amendments are being made to ensure that the most up to date regulations will continue to operate effectively after the UK leaves the EU. |
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Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019 |
18/03/19 |
Food Standards and Labelling |
The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (EU Exit) Regulations 2019 (this instrument) is intended to address a range of remaining deficiencies in retained EU law relating to food and animal feed. These are more minor deficiencies which have not been addressed in the fifteen earlier exit related statutory instruments which have been presented to Parliament by Health and Social Care ministers, and to deal with very recent changes which have been made to EU law, and which could not have been addressed in the earlier instruments. The provisions relate to transitionary elements and clarifications for the policy areas listed in para 6.2. These amendments will facilitate trade and the functioning of retained law after the UK has left the EU. Currently, EU law relating to food and feed safety are implemented or enforced in the UK by a number of statutory instruments, covering several policy areas. The aim of this instrument is to complement those provisions through the miscellaneous amendments that are detailed at para 7.3, ensuring their operability and continued safety of food and animal feed after the UK has left the EU. |
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Food and Feed Hygiene and Safety (Amendment No 2) (Northern Ireland) (EU Exit) Regulations 2019 |
11/06/19 |
Food Standards and Labelling |
The purpose of this Statutory Instrument is to ensure Northern Ireland legislation relating to food and feed hygiene and safety continues to operate effectively after the UK leaves the EU. This Statutory Instrument revokes The Food and Feed Hygiene and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 to address the drafting errors identified in those regulations by the Joint Committee on Statutory Instruments (JCSI) in its report of 10 May 2019. |
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10/07/19 |
Food Standards and Labelling |
These regulations primarily amend wine legislation but also make minor operational amendments to food information rules. This legislation will make necessary changes to EU regulations to ensure that laws in this area will remain operable after the UK leaves the EU. The SI will make various changes to ensure that provisions concerning the trade in wines, monitoring production and maintaining records will operate correctly after EU Exit. It will ensure that the responsibilities for monitoring and controls are re-allocated appropriately taking into account the UK s transition from being a singular Member State to being UK devolved governments. It will also set out various changes that will reflect the interdependencies with other legislation, primarily that made by HMRC to ensure that transition from Single Customs Union controls to UK specific customs controls operate correctly. |
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Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019 |
09/09/19 |
Food Standards and Labelling |
The Specific Food Hygiene (Regulation (EC) No. 853/2004) (Amendment) (EU Exit) Regulations 2019 (the instrument ) is being made to refine an amendment to retained EU law made by the Specific Food Hygiene (Amendment etc.) (EU Exit) Regulations 2019 (SI 2019 No. 640) The refinement concerns the process for approval of substances which may be used to remove surface contamination from products of animal origin. The process is presently set out in EU law as part of Regulation (EC) No. 853/2004 laying down specific hygiene rules for food of animal origin. |
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25/06/20 |
Food Standards and Labelling |
The purpose of this instrument is to maintain the standards for wine marketed within the UK. UK domestic legislation currently references EU legislation that sets out the details for the rules on wine production based on International Organisation for Vine and Wine ( OIV ) approved processes and practices. These wine production rules are applicable in the United Kingdom ( UK ) both during the Implementation Period and beyond, in accordance with the European Union (Withdrawal) Act 2020. However, references to the EU legislation in the current UK domestic legislation are out of date because the EU legislation has been amended. Therefore, the UK domestic legislation needs to be amended to ensure that it references the amended EU legislation. |
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29/09/20 |
Food Standards and Labelling |
The purpose of this instrument is to: First, reflect the Protocol on Ireland/Northern Ireland (NIP) by amending The Nutrition (Amendment etc.) (EU Exit) Regulations 2019 and revoking The Nutrition (Amendment) (Northern Ireland) (EU Exit) Regulations 2019; and secondly, remedy deficiencies in retained European Union (EU) legislation relating to nutrition. |
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05/10/20 |
Food Standards and Labelling |
These Regulations are made in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c), (d) and (g)) arising from the withdrawal of the United Kingdom from the European Union. The SI substantially replaces provision made in S.I. 2019/1343, the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2019, the scrutiny period for which expired on 7 January 2020 without the instrument having been approved. Part 2 of these Regulations makes amendments to Commission Delegated Regulation (EU) No 880/2012 and Commission Delegated Regulation (EU) 2016/232 concerning transnational cooperation. It also amends provisions of Regulation (EU) No 1308/2013 of the European Parliament and of the Council in relation to protected geographical indications, protected designations of origin and traditional terms in the wine sector. It also makes amendments to Commission Delegated Regulation (EU) 2017/891 and Commission Implementing Regulation (EU) 2017/892 concerning producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors. Part 3 amends the Common Organisation of the Markets in Agricultural Products and Common Agricultural Policy (Miscellaneous Amendments) (EU Exit) Regulations 2019 to replace a reference to exit day with IP completion day, to provide more detail on the appeal mechanism, and to revoke a provision which is replaced by this instrument. Part 4 revokes certain implementing acts relating to EU wine designations of origin, geographical indications, and traditional terms. |
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08/10/20 |
Food Standards and Labelling |
The main purpose of this instrument is to place the Protocol on Ireland / Northern Ireland to the Withdrawal Agreement (the Protocol ) on a legal footing for food labelling and Natural Mineral Waters (NMW) as required at the end of the Implementation Period. It also makes some minor technical amendments to domestic regulations and retained direct EU legislation to ensure the operability of this legislation at the end of the Implementation Period. |
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Food and Feed Hygiene and Safety (Miscellaneous Amendments etc.) (EU Exit) Regulations 2020 |
14/10/20 |
Food Standards and Labelling |
The purpose of this instrument is to: implement the Protocol on Ireland/Northern Ireland (NIP ) by amending or revoking the 17 EU Exit instruments in the field of food and food safety to apply to Great Britain only, and additional instruments made in respect of Northern Ireland; address a range of remaining deficiencies in retained EU law (REUL ) in the field of food and feed safety and hygiene to ensure the operability of REUL at the end of the Implementation Period, and to take account of EU law that has come into force since the 17 EU Exit instruments were made. |
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Food and Drink (Amendment) (EU Exit) (No. 4) Regulations 2020 |
19/11/20 |
Food Standards and Labelling |
These regulations make minor amendments to retained EU legislation on food information rules and wine. |
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Food and Feed Hygiene and Safety (Miscellaneous Amendments) (England) Regulations 2020 |
02/12/20 |
Food Standards and Labelling |
This instrument amends various statutory instruments relating to food and feed hygiene and safety, to ensure an appropriate enforcement regime exists in respect of certain EU food and feed legislation. The instrument is being made under section 2(2) of the European Communities Act 1972, except in relation to some minor amendments to the Materials and Articles in Contact with Food (England) Regulations 2012 (the 2012 Regulations) where domestic powers under the Food Safety Act 1990 are being relied on, to come into force after IP completion day. This instrument amends the 2012 Regulations to provide the execution and enforcement, in England, of two EU Regulations: Regulation (EC) 282/2008 on recycled plastic processes and Regulation (EU) No. 2018/213 on bisphenol A. This instrument will also introduce the use of compliance notices for certain provisions of these EU Regulations, in addition to existing EU Regulations that are already executed and enforced under the 2012 Regulations. It will also remove the maximum penalty of a custodial sentence from nine specific offences in recognition that the penalty of a fine for these offences is now unlimited. The nature of these specific offences is unlikely to have a significant or widespread impact to public health, which justifies the approach taken. Overall, this will provide a graduated approach to enforcement that is both appropriate and proportionate. This instrument also makes minor amendments to the 2012 Regulations under the Food Safety Act 1990 which come into force immediately after IP completion day. These amendments are partly consequential on the provisions introduced by this instrument to ensure the 2012 Regulations (as amended by the Materials and Articles in Contact with Food (Amendment) (EU Exit) Regulations 2019 on IP completion day) operate correctly after IP completion date with the compliance notice regime introduced by this instrument, and partly to ensure minor errors contained in the amendments to the 2012 Regulations are corrected immediately after IP completion day. This instrument amends the Animal Feed (Composition, Marketing and Use) (England) Regulations 2015 and the Animal Feed (Hygiene, Sampling etc. and Enforcement) (England) Regulations 2015 to provide for the execution and enforcement of Commission Regulation (EU) 2020/354 establishing a list of intended uses of feed intended for particular nutritional purposes and repealing Directive 2008/38/EC. This instrument amends the Official Feed and Food Controls (England) Regulations 2009 and the Food Safety and Hygiene (England) Regulations 2013 to provide for the execution and enforcement, in England, of the food and feed elements of several pieces of tertiary legislation made under Regulation (EU) 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products. This instrument amends the Fishery Products (Official Controls Charges) (England) Regulations 2007 to correct an error identified by the Joint Committee on Statutory Instruments. Whilst the UK had left the EU, this instrument proposes to execute and enforce the specified EU Regulations before the end of the transition period while the power under section 2(2) of the European Communities Act 1972 is available. EU law continues to apply in the UK during the transition period, including rules for food and feed. These EU Regulations will be retained in UK law at the end of the transition period and this had been accounted for in separate EU Exit related instruments. Outside the European Union, the UK will have greater flexibility to determine for itself the best approach to ensuring high food and feed standards, and suitable protection for consumers. |
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23/12/20 |
Food Standards and Labelling |
This instrument makes changes to existing domestic legislation for wines and spirits to provide enforcement provisions for Regulations made by the European Commission to underpin the EU international agreements with the US and Mexico. This instrument also makes minor technical changes to the law concerning Direct Payment schemes for farmers, so it continues to work effectively after the end of the transition period. These changes are needed because the EU law governing the Direct Payment schemes for farmers was incorporated into UK law when the UK left the EU, rather than at the end of the transition period. They make no policy change. |
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Meat Preparations (Amendment and Transitory Modification) (England) (EU Exit) Regulations 2020 |
04/01/21 |
Food Standards and Labelling |
This instrument makes an amendment to clarify that the restrictions on ˜importation of meat preparations into England apply only to imports from third countries. It will also temporarily remove the requirement for meat preparations imported from the European Economic Area (œEEA) into England between 1st Jan-31st March 2021 to be deep frozen to a temperature of minus 18 degrees. It amends Commission Decision 2000/572, which applies this requirement to meat preparations entering the EU from third countries and will become retained EU legislation under the European Withdrawal Act 2018. The temporary removal of this requirement is intended to allow businesses time to prepare for new import requirements applying to meat preparations imported from the EEA. This approach presents a low risk and is consistent with the phased introduction of import controls for goods arriving from the EU, as set out in the Border Operating Model. |
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Organic Production (Organic Indications) (Amendment) (EU Exit) Regulations 2020 |
05/01/21 |
Food Standards and Labelling |
This instrument ensures that organic rules are updated in preparation for the end of the transition period by amending deficiencies within the retained EU legislation. Organic food has been strictly regulated in the UK and in other EU Member States by Council Regulation (EC) No 834/2007 and Commission Regulations (EC) Nos 889/2008 and 1235/2008 (œthe Regulations). The Regulations set out the requirements for organic production, processing, labelling and imports, and the inspection systems that must be in place to ensure the requirements are met. The Regulations apply to organic food, feed and vegetative propagating material or seeds for cultivation. In accordance with the European Union (Withdrawal) Act 2018, the existing EU Regulations relating to organic policy will be retained into domestic law and continue to apply at the end of the transition period. This instrument amends retained Council Regulation (EC) No 834/2007 to ensure organic labelling regulations work in domestic law. This instrument removes the mandatory requirement for the EU organic logo to be used in Great Britain (GB) and sets out rules for the use of any United Kingdom (UK) organic logo when developed. The instrument also amends the statement of agricultural origin to reference the UK and provides that this must be used on GB organic products even where there is no UK logo. As well as the no deal instruments laid in 2019, four further instruments covering organic policy have been laid recently. The Organic Products (Production and Control) (Amendment) (EU Exit) Regulations 2020, the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) Regulations 2020, the Common Organisation of the Markets in Agricultural Products (Miscellaneous Amendments) (EU Exit) (No. 2) Regulations 2020, and the Agricultural Products, Food and Drink (Amendment etc.) etc (EU Exit) (No. 2) Regulations 2020. This final instrument provides that the UK recognise the EU and EEA as equivalent until 31 December 2021 for the purposes of Commission Regulation 1235/2008 to ensure continuity of trade. What will it now do? This instrument will use powers in the European Union (Withdrawal) Act 2018 to make operability amendments to retained EU legislation to organics to ensure that it remains coherent and continues to function as intended after the UK has left the EU, in accordance with the terms of the Northern Ireland Protocol. As such, whilst this will provide clarity to stakeholders, the amendments are unlikely to have any noticeable impact on the organic sector. The current organic standards will be maintained at the end of the transition period. The certification and traceability of organic food and feed products will continue to be required. |
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11/01/21 |
Food Standards and Labelling |
The amendments in this instrument apply after the end of the Transition Period following the UKs exit from the EU and address deficiencies arising from the UKs departure from the EU. This instrument amends relevant retained direct EU legislation, concerning food information to consumers, to address deficiencies in retained EU law arising from the UKs departure from the EU. It also ensures the operability of certain domestic pieces of food legislation in England on Caseins and Honey after the end of the Transition Period. There are no changes to policy, however, there are substitutions which arise as a result of the UK no longer being in the EU and which will have ˜real world effects on food information and the way in which it is presented to consumers. This instrument provides for transition to these changes and provides for enforcement arrangements that concern how geographical indication (GI) designations on labelling of products can be used when the UK is no longer in the EU. |
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13/05/21 |
Food Standards and Labelling |
This instrument fixes an error relating to the commencement of Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 (S.I. 2020/1445) by remaking previous amendments to the legislation concerning fruit and vegetable producer groups, fruit and vegetable producer organisations, notifications in the fruit and vegetables and processed fruit and vegetables sectors, and notifications of agricultural market information to domestic authorities, that Part 4 of that instrument purported to make. This instrument also remakes some amendments made by the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment Etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446) relating to fruit and vegetable producer organisations that did not take effect due to the commencement error in Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020. This instrument makes amendments relating to transnational producer organisations implementing an ongoing operational programme under the fruit and vegetable producer organisation aid scheme. This instrument also amends legislation relating to trade provisions to allow for the administration of tariff quotas for imports of UK origin goods into third countries. It also makes a correction to the wording in column 2 of row 1 of the table in Part 3 of Annex 9A to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (EUR 2013/1308) by substituting the entry in that column to make it clear which established wine designations of origin and established geographical indications that row relates to, linking them to definitions of 'established protected designation of origin' and 'established protected geographical indication' in Article 107(2) of that Regulation. The EU regulations amended by this instrument are: Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors (EUR 2011/543); Commission Delegated Regulation (EU) 2017/891 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council with regard to the fruit and vegetables and processed fruit and vegetables sectors and supplementing Regulation (EU) No 1306/2013 of the European Parliament and of the Council with regard to penalties to be applied in those sectors and amending Commission Implementing Regulation (EU) No 543/2011 (EUR 2017/891); Commission Implementing Regulation (EU) 2017/892 concerning producer groups, producer organisations and notifications in the fruit and vegetables and processed fruit and vegetables sectors (EUR 2017/892); and Commission Implementing Regulation (EU) 2017/1185 relating to notifications of agricultural market information to domestic authorities (EUR 2017/1185); Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products (EUR 1308/2013). The EU Exit SIs revoked by this instrument are: Part 4 of the Agriculture (Payments) (Amendment, etc) (EU Exit) Regulations 2020 (S.I. 2020/1445); Regulations 5(2)(b), 5(20)(c), 5(25)(b), 6(2), 6(6) and 6(11) of the Common Organisation of the Markets in Agricultural Products (Producer Organisations and Wine) (Amendment etc.) (EU Exit) Regulations 2020 (S.I. 2020/1446). |
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10/05/21 |
Food Standards and Labelling |
This instrument will amend retained European Union (EU) and domestic legislation in accordance with the European Union (Withdrawal) Act 2018 (as amended by the European Union (Withdrawal Agreement) Act 2020). Technical amendments will be made to the "grace periods" or transitional provisions concerning import requirements that apply to certain marketing standards sectors (i.e. hops and hop products, wine, fruit and vegetables) exported by the EU to Great Britain (GB), as well as to those that apply to hops and fruit and vegetables exported by third countries into GB. In addition, technical amendments will also be made to the grace periods applying to import requirements for organic products exported by the EU, European Economic Area states and Switzerland to GB. The transitional provisions were set out before the end of the transition period to allow businesses additional time to prepare for the introduction of the relevant certification and inspection requirements and to minimise disruption to trade with the EU. The current instrument will amend the existing dates when marketing standards and organics import requirements are being introduced, in order to align these with the revised timetable for sanitary and phytosanitary (SPS) border controls. |
Last updated 23 June 2021
