The Official Feed and Food Controls (England) Regulations 2009
2009 No. 3255
Agriculture, England
Food, England
The Official Feed and Food Controls (England) Regulations 2009
Made 8th December 2009
Laid before Parliament 14th December 2009
Coming into force 25th January 2010
The Secretary of State makes the following Regulations in exercise of the powers conferred on him by section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 19721.
The Secretary of State, has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food–producing animals2, the common agricultural policy of the European Community3and measures in the veterinary and phytosanitary fields for the protection of public health4.
These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for any reference to an EU instrument defined in Schedule 1 to be construed as a reference to that instrument as amended from time to time.
As required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety5there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.
PART 1
PRELIMINARY
Title, commencement and application
1. These Regulations —
(a) may be cited as the Official Feed and Food Controls (England) Regulations 2009;
(b) come into force on 25th January 2010; and
(c) apply in relation to England only.
Interpretation
2.—(1) In these Regulations —
“the Act” means the Food Safety Act 19906;
“the Agency” means the Food Standards Agency;
“authorised officer” —
(a) in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing for the purposes of regulation 14; and
(b) in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to its enforcement responsibilities under regulation 17;
“competent authority” means, other than in regulations 23 and 24, an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;
“Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 1020/2008”, “Regulation 669/2009” and “Regulation 1162/2009” have the meanings respectively given to them in Schedule 1;
“feed authority” means the authority required by section 67(1) of the Agriculture Act 19707to enforce that Act within its area or district as the case may be;
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
“the Import Provisions” means Part 3 of these Regulations, Articles 15 to 24 of Regulation 882/2004 and Regulation 669/2009;
“the Official Control Regulations” means these Regulations and Regulation 882/2004;
“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;
“primary production” has the meaning it bears in Regulation 852/2004;
“relevant enforcement authority” means a body which, by virtue of regulation 17, is made responsible for executing and enforcing any provision of Part 2 of these Regulations;
“relevant feed law” has the meaning given to it in Schedule 2; and
“relevant food law” has the meaning given to it in Schedule 3.
(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.
(3) Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 669/2009 has the meaning it bears in Regulation 178/2002, Regulation 882/2004 or Regulation 669/2009 as the case may be.
(4) Where any functions under the Act are assigned—
(a)
(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 19848, to a port health authority;
(b)
(b) by an order under section 6 of the Public Health Act 19369, to a joint board for a united district; or
(c)
(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 198510, to a single authority for a metropolitan county,
any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
(5) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.
PART 2
MAIN PROVISIONS
Competent authorities
3.—(1) Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
(2) Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation shall extend to its area or district only, as the case may be.
(3) Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.
(4) Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation shall extend to its area only.
(5) Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation shall extend only to the operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 200611by virtue of regulation 5(1)(a) of those Regulations.
(6) Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e), only to those operations in respect of which the Agency executes and enforces the Food Hygiene (England) Regulations 2006 by virtue of regulation 5(2) of those Regulations.
Exchanging and providing information
4.—(1) For the purposes of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed upon them by Regulation 882/2004 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution and enforcement of relevant feed law or relevant food law.
(2) For the purpose of executing and enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution and enforcement of such law.
(3) For the purposes of facilitating the execution and enforcement of relevant feed law or relevant food law in Wales, Northern Ireland and Scotland, competent authorities may share information received by them in the execution and enforcement of relevant feed law or relevant food law with the bodies that execute and enforce such law in those countries.
(4) Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
(5) For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
Obtaining information
5.—(1) For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a control body —
(a)
(a) to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
(b)
(b) to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
(2) The competent authority may copy any records made available to it under paragraph (1)(b).
(3) A person who —
(a)
(a) fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
(b)
(b) in purported compliance with such a requirement furnishes information which he knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
(4) For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
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