The Food Safety Act 1990 (Amendment) Regulations 2004
| Jurisdiction | UK Non-devolved |
| Citation | SI 2004/2990 |
2004 No. 2990
FOOD
The Food Safety Act 1990 (Amendment) Regulations 2004
Made 16th November 2004
Laid before Parliament 16th November 2004
Coming into force 7th December 2004
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to food (including drink) including the primary production of food, in exercise of the powers conferred by the said section 2(2), after consultation as required by Article 9 of Regulation (EC) No. 178/2002of the European Parliament and of the Council3laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety, makes the following Regulations:
Title, extent and commencement
1.—(1) These Regulations may be cited as the Food Safety Act 1990 (Amendment) Regulations 2004; they extend to Great Britain and come into force on 7th December 2004.
(2) Regulation 7 also extends to Northern Ireland.
Amendment of the Food Safety Act 1990
2. The Food Safety Act 19904shall be amended in accordance with regulations 3 to 6.
3. In section 1 (meaning of “food” and other basic expressions) for subsections (1) and (2) there shall be substituted the following subsections —
“1 In this Act “food” has the same meaning as it has in Regulation (EC) No. 178/2002.
2 In this Act “Regulation (EC) No. 178/2002” means 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 safety.”.
4. In section 40 (power to issue codes of practice) —
(a) in subsection (4)(a) there shall be inserted at the beginning the words “subject to subsection (4B) below,”;
(b) after subsection (4A) there shall be inserted —
“4B Subsection (4)(a) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.”.
5. In section 48 (regulations and orders) —
(a) in subsection (4) there shall be inserted at the beginning the words “Subject to subsection (4C) below,”;
(b) after subsection (4B) there shall be inserted —
“4C Subsection (4) above shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.”.
6. In section 53(2) (general interpretation) —
(a) for the entry for “food” there shall be substituted —
“food |
section 1(1)””; |
(b) after the entry for “public analyst” there shall be inserted —
“Regulation (EC) No. 178/2002 |
section 1(2)”. |
Consequential amendment
7. Paragraph (14) of regulation 9 of the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 19945(amendment of section 1 of the Food Safety Act 1990) shall be omitted.
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
16th November 2004
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