Fsa Food Law Guide February 2013

FSA FOOD LAW GUIDE FEBRUARY 2013

CONTENTS

LIST OF ALL CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS ...... 2

CURRENT EMERGENCY LEGISLATION ...... 38

CURRENT LEGISLATION SPECIFIC TO A UK COUNTRY OTHER THAN ENGLAND ...... 39

MISCELLANEOUS FOOD LEGISLATION OWNED BY OTHER GOVERNMENT DEPARTMENTS ...... 40

LIST OF LEGISLATION EXPECTED TO COME INTO FORCE IN THE NEXT 12 MONTHS ...... 41

LIST OF RECENTLY-REVOKED ENGLISH LEGISLATION ...... 42

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This covers FSA legislation for England, Wales and Northern Ireland. FSA Scotland has published its own food and feed law guide, at http://www.food.gov.uk/scotland/regsscotland/regulations/scotlandfoodlawguide/ FSA FOOD LAW GUIDE FEBRUARY 2013

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S.I.2001/2377 (W.250)

S.R.2002/238 (NI) S.R.2003/9 (NI) S.R.2003/504 (NI) 3. Animal Feed (England) Contains provisions to 2010/355 (NI) EU Regulation 767/2009 (OJ No. Guidance on the application of the Regulations 2010 enforce in England the S.I. 2010/2652 L229/1, 1.9.2009) on the marketing measure. 2010/2503 requirements of EU (W.220) and use of feed. Regulation 767/2009 Notes on the main provisions of the on the marketing and measure. use of animal feed; names the competent Canthaxanthin: your questions authorities for their answered. enforcement; makes ambulatory reference to the provisions of other Controls on feed additives: your EU feed legislation; questions answered. sets penalties for non- compliance with EU Export of unauthorised additives. feed legislation; and disapplies the Pet food: a note on the legislation. Agriculture Act 1970 where it conflicts with or Undesirable substances in animal feed. repeats the

requirements of EU feed legislation. All at: http://www.food.gov.uk/business- industry/farmingfood/animalfeed/animalfe edlegislation/ 4. Arsenic in Food Regulations 1959 Sets a general limit of 1961/98 (NI) 1960/2261 Not applicable. None available. 1959/831 not more than one part Related legislation: 1973/1052 per million of arsenic in 1995/3124 1982/1727 [These Regulations will be food 1998/141 1985/67 revoked with effect from 6 April 1990/2486 (E/W) 2013 under the Red Tape 1992/1971 (E/W/S/NI) Challenge.] 1995/3202 (E/W/S/NI) 1991/1476 (E/W/S/NI) 5. Bread and Flour legislation Requires bread and 1998/24 (NI) The Miscellaneous Food Not applicable Contact Defra for guidance on the 1988/141 flour, to meet certain Additives (Amendment) English legislation. criteria in their Regulations 1999 Guidance for the legislation in Wales and [The responsibility for this composition. http://www.opsi.gov.uk/si/si199 Northern Ireland is here but you should legislation in England has now 9/uksi_19991136_en.pdf check with the FSA in the relevant Page 3 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation moved to DEFRA] 1999/244 (NI) country that it is still up to date. Contact details are on the FSA website. 6. Casein and Caseinates legislation Prescribes definitions 1986/40 (NI) The Criminal Justice Act 1988, Council Directive 83/417/EEC on None available on the FSA website. [The responsibility for this and reserved 1985/2026 (W) s. 52 the approximation of the laws of the Contact Defra for guidance on the legislation in England has now descriptions for casein http://www.opsi.gov.uk/acts/act Member States relating to certain English legislation. moved to DEFRA] and caseinate products s1988/ukpga_19880033_en_7 lactoproteins (casein and #pt5-pb4-l1g52 caseinates) intended for human (S.I. 1989/2321) consumption http://www.opsi.gov.uk/si/si198 9/Uksi_19892321_en_1.htm (S.I. 1990/2486) http://www.opsi.gov.uk/si/si199 0/Uksi_19902486_en_1.htm S.R. 1990/37 (NI) (S.I. 1991/1476) http://www.opsi.gov.uk/si/si199 1/Uksi_19911476_en_1.htm (S.I. 1992/2596) http://www.opsi.gov.uk/si/si199 2/Uksi_19922596_en_1.htm (S.I. 1996/1499) http://www.opsi.gov.uk/si/si199 6/Uksi_19961499_en_1.htm (S.I. 2009/3235) http://www.opsi.gov.uk/si/si200 9/uksi_20093235_en_1 S.I. 2009/3377 (W.299) S.R. 2009/415 7. Chloroform in Food Regulations Prohibits the sale or 1980/75 (NI) 1982/1727 Not applicable. None available. 1980 import of food 1985/67 1980/36 (E/W) containing any added 1990/2486 (E/W) [These Regulations will be chloroform 1991/1476 (E/W/S/NI) revoked with effect from 6 April 2013 under the Red Tape Challenge.] 8. Cocoa and Chocolate Products Prescribes definitions 2003/3037 (W.285) Directive 2000/36/EC of the Contact Defra for guidance on the legislation and reserved 2003/313 (NI) European Parliament and the English legislation. [The English SI has now descriptions for Council relating to cocoa and Guidance for the legislation in Wales and moved to DEFRA] designated cocoa and chocolate products intended for Northern Ireland, including a Quick Guide chocolate products human consumption. to Chocolate, is here but you should check with the FSA in the relevant country that it is still up to date. Contact details are on the FSA website. 9. Coffee Extracts and Chicory Prescribes definitions 2001/1440 (W.102) Directive 1999/4/EC of the European None available on the FSA website. Extracts legislation and reserved 2001/45 (NI) Parliament and the Council relating Contact Defra for guidance on the

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10. Condensed Milk and Dried Milk Prescribes definitions 2003/3053 (W.291) S.I.2006/14 Directive 2001/114/EC, relating to Contact Defra for guidance on the legislation and reserved 2003/300 (NI) http://www.opsi.gov.uk/si/si200 certain partly or wholly dehydrated English legislation. [The English SI has now moved descriptions for 6/uksi_20060014_en.pdf preserved milk products intended for Guidance for the legislation in Wales and to DEFRA] condensed milk and S.I.2006/31 (W. 5) human consumption. (OJ No. L15, Northern Ireland is here but you should dried milk products S.R. 2006/3 17.1.2002, p. 19). OJ No. L15, check with the FSA in the relevant S.I 2008/85 17.1.2002, p.19, consolidated text country that it is still up to date. Contact http://www.opsi.gov.uk/si/si200 available at: details are on the FSA website. 8/pdf/uksi_20080085_en.pdf S.I.137 (W.19) S.R. 2008/42 S.I 2009/3238 http://www.opsi.gov.uk/si/si200 9/pdf/uksi_20093238_en.pdf S.I.2009/3378 (W.300) S.R. 2009/416 11. Contaminants in Food (England) Provides for the 2010/2394 (W.206) Council Regulation (EEC) No. http://www.food.gov.uk/multimedia/pdfs/g Regulations 2010 execution and 2010/335 (NI) 315/93 laying down Community uidancecif09.pdf 2010/2228 enforcement of procedures for contaminants in food. Regulation (EC) No. Commission Regulation (EC) No Sampling and Analysis for Official 1881/2006 as amended 1881/2006 setting maximum levels Controls: for certain contaminants in http://ec.europa.eu/food/food/chemicalsaf Revokes the foodstuffs. ety/contaminants/sampling_en.htm Contaminants in Food Commission Regulation (EC) No (England) Regulations 629/2008 of 2 July 2008 amending 2009 (SI 2009/1223), Regulation (EC) No 1881/2006 remaking them with the setting maximum levels for certain necessary contaminants in foodstuffs (Text with amendments. The EEA relevance) Contaminants in Food Commission Regulation (EC) No. Regulations 2010 124/2009 setting maximum levels for contain an ambulatory the presence of coccidiostats or provision in regulation histomonostats in food resulting from 2(3) so that any the unavoidable carry-over of these amendments to substances in non-target feed. 1881/2006 become enforceable without the Commission Regulation (EU) No need for changes to 610/2012 of 9 July 2012 amending national legislation or Regulation (EC) No. 124/2009 of 10 the need to make February 2009 setting maximum separate legislation. levels for the presence of coccidiostats or histomonostats in food resulting from the unavoidable

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Commission Regulation (EC) No. 165/2010 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards aflatoxins. Commission Regulation (EC) No. 565/2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards the establishment of a maximum level for dioxins and PCBs in fish liver Commission Regulation (EC) No.835/2011 amending Regulation (EC) No 1881/2006 as regards maximum levels for polycyclic aromatic hydrocarbons in foodstuffs Commission Regulation (EU) No 420/2011 of 29 April 2011 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs. Commission Regulation (EC) No. 1259/2011 Amending Regulation (EC) No 1881/2006 as regards maximum levels for dioxins, dioxin-like PCBs and non dioxin-like PCBs in foodstuffs. Commission Regulation (EU) No. 1258/2011 of 2 December 2011 amending Regulation (EC) No. 1881/2006 as regards maximum levels for nitrates in foodstuffs. 11a [As read with the Contaminants in Commission Regulation 401/2006 of Food (England) Regulations 2010 23 February 2006, laying down the above]. methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs. Commission Regulation 1882/2006 of 19 December 2006, laying down the methods of sampling and analysis for the official control of the

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Commission Directive 80/891/EEC (methods of analysis for determining erucic acid content of oils and fats). 13. `` Extraction Solvents in Food Defines extraction 1993/330 (NI) 1995/1440 (E/W) Council Directive 2009/32/EC of the None available. Regulations 1993 solvents and lists 1998/2257 (E/W) European Parliament and Council on 1993/1658 (E/W) permitted extraction 1998/345 (NI) extraction solvents used in the solvents and prohibit 2011/1738 (E) production of foodstuffs and food the sale, or importation These Regulations will be 2011/1849 (W. 199) ingredients (recast). into Great Britain. revoked under the Red Tape 2011/284 (NI)2012/180 (NI) Commission Directive 2010/59/EU Challenge and a single SI 2012/1155 (E) amending Directive 2009/32/EC of covering food additives, the European Parliament and of the 2012 No. 1198 (W. 148) enzymes, flavourings and Council on the approximation of the extraction solvents will be laws of the Member States on made. A consultation on the extraction solvents used in the single SI will be launched in production of foodstuffs and food February 2013. ingredients. Page 7 of 42

law, animal health and animal welfare rules (OJ No. L191, Feed hygiene Regulation (183/2005): 28.5.2004, p.1), ―Regulation guidance for farmers. 882/2004‖). http://www.food.gov.uk/business- industry/guidancenotes/hygguid/guidfarm 15. Feed (Sampling and Analysis and Replaces existing 2010/323 (NI) The provisions relating to Regulation (EC) No. 152/2009 of 27 None available. Specified Undesirable national measures on 2010/2287 (W.199) undesirable substances were January 2009 laying down the Substances (England) sampling and analysis; revoked by Schedule 2 to the methods of sampling and analysis Regulations 2010 deletes 17 harmonised Animal Feed (England) for the official control of animal feed 2010/2280 methods of analysis to Regulations 2010 2010/2503 (―Regulation 152/2009‖). allow for greater and parallel legislation in the flexibility by devolved administrations laboratories; makes 2010/355 (NI) changes to the S.I. 2010/2652 (W.220) Agriculture Act 1970 to bring certain definitions into line with those in the European Regulation; lays down the qualifications for analysts and the form of the certificate on which analytical results are to be declared. Page 8 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation 16. Fish Labelling legislation Provides an updated 2010/797 (W.78) Council Regulation 104/2000/EC on Contact Defra for guidance on the [The English SI has now list of the commercial 2010/54 (NI) the common organisation of the English legislation. moved to DEFRA] designations and markets in fishery and aquaculture Guidance for the 2003 legislation in further provides for the products (OJ No. L17, 21.2.2000, Wales and Northern Ireland is here granting of provisional p.22) as applied by Commission There is no updated guidance on the commercial Regulation 2065/2001/EC laying FSA website for the 2010 Regulations. designations. down detailed rules for the application of Council Regulation (EC) No.104/2000 as regards informing consumers about fishery and aquaculture products (OJ No. L278, 23.10.2001, p.6). 17. Fishery Products (Official Provides for the 2007/3462 (W.307) Article 9 of Regulation 178/2002/EC http://www.food.gov.uk/multimedia/pdfs/fi Controls Charges) Regulations financing under Article 2007/497 (NI) of the European Parliament and of sherychargesregs.pdf 2007 27 of Council the Council laying down the general 2007/3392 Regulation 882/2004 of principles and requirements of food official controls law, establishing the European Food performed to ensure Safety Authority and laying down the verification of procedures in matters of food compliance with food safety(3) there has been open and law in so far as it transparent public consultation relates to fishery during the preparation and products. evaluation of the regulations. 18. Flavourings in Food (England) Provides for the 2010/2922 (W.243) Commission Regulation (EC) No. None available. Regulations 2010 execution and 2010/414 (NI) 1334/2008 on flavourings and 2010/2817 enforcement of certain food ingredients with Commission Regulation flavouring properties for use in and These Regulations will be (EC) No. 1334/2008 on on foods and amending Council revoked under the Red Tape flavourings and certain Regulation (EEC) No. 1601/91, Challenge and a single SI food ingredients with Regulation (EC) No. 2232/96 and covering food additives, flavouring properties for Regulation (EC) No. 110/2008 and enzymes, flavourings and use in and on foods. Directive 2000/13/EC. extraction solvents will be Revokes the Commission Implementing made. A consultation on the Flavourings in Food Regulation (EU) No 872/2012 single SI will be launched in Regulations 1992 adopting the list of flavouring February 2013. (1992/1971) and the substances provided for by Flavourings in Food Regulation (EC) No 2232/96 of the (Amendment) European Parliament and of the Regulations 1994 Council, introducing it in Annex I to (1994/1486) in relation Regulation (EC) No 1334/2008 of to England. the European Parliament and of the Council and repealing Commission Regulation (EC) No 1565/2000 and Commission Decision 1999/217/EC Commission Regulation (EU) No 873/2012 on transitional measures concerning the Union list of flavourings and source materials set Page 9 of 42

requirements for 2011/39 (NI) down specific purity criteria on food business and consumer additives other than colours and These Regulations will be 2011/1456 (E) sales of food additives, sweeteners. revoked under the Red Tape 2011/1450 (W.172) Challenge and a single SI and introduces Commission Regulation (EU) No 2011/1450 (W. 172) covering food additives, requirement for a 238/2010 amending Annex V to enzymes, flavourings and 2012/180 (NI) warning label if certain Regulation (EC) No 1333/2008 of extraction solvents will be colours are used in 2012/1155 (E) made. A consultation on the the European Parliament and of the 2012/1198 (W. 148) single SI will be launched in foods. Also requires Council with regard to the labelling February 2013. food additives to requirement for beverages with more comply with relevant than 1,2 % by volume of alcohol and EU purity criteria containing certain food colours Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives Commission (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives approved for use in food additives, food enzymes, food flavourings and nutrients Commission Regulation (EU) No Page 10 of 42

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Specifications

Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council

Commission Regulation (EU) No 1050/2012 amending Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Page 13 of 42

Commission Implementing Regulation (EU) No 562/2012 amending Commission Regulation (EU) No 234/2011 with regard to specific data required for risk assessment of food enzymes. 22. Food for Particular Nutritional Provides for the 2009/398 (NI) Commission Regulation (EC) No. Contact the Department of Health for Uses (Addition of Substances for execution and 953/2009 on substances that may be guidance on the English legislation and Specific Nutritional Purposes) enforcement of added for specific nutritional the Welsh Government for guidance on legislation Regulation 953/2009 purposes in foods for particular the Welsh legislation. [The English SI has now on substances that may nutritional uses (OJ No. L269, Guidance for the legislation in Northern moved to the Department of be added for specific 14.10.2009, p.9) Ireland is here but you should check with Health] nutritional purposes in the FSA there that it is still up to date. [The Welsh SI has now moved foods for particular Contact details are on the FSA website. to the Welsh Government] nutritional uses

23. Food for Particular Nutritional Reflects the repeal and 2010/33 (N.I) Directive 2009/39/EC on foodstuffs None available on the FSA website. Uses (Miscellaneous replacement of Council intended for particular nutritional Contact the Department of Health for Amendments) legislation Directive 89/398 with uses (OJ No. L124, 20.5.2009, p.21) guidance on the English legislation and [The English SI has now moved Council Directive the Welsh Government for guidance on to the Department of Health] 2009/39/EC the Welsh legislation. [The Welsh SI has now moved to the Welsh Government]

24. Food Hygiene (England) Enforces and executes 2006/31 (W.5) 2007/56 • Regulation (EC) 852/2004 on the http://www.food.gov.uk/multimedia/pdfs/f Regulations 2006 (as amended) the EC hygiene 2006/3 (NI) 2007/373 (W.33) hygiene of foodstuffs (OJ No. saguidefoodhygleg.pdf 2006/14 package. 2007/16 (NI) L226/3, 25.06.2004 - corrigendum); Provides national rules Reference is made in 2010/534 (E) Available at Link to guidance in Welsh - for: these FH Regs. to the 2010/893 (W.92) • http://eur- http://www.food.gov.uk/wales/regswales/r lex.europa.eu/LexUriServ/LexUriSer Temperature Food Safety Act 1990; 2010/83 (NI) egsguid_wales/hyglegguidewales v.do?uri=OJ:L:2004:226:0003:0021: Page 14 of 42

Qualifications) Regs. of animal origin

1990; The Food • (OJ No. L226/22, 25.06.2004 - Safety (Ships and corrigendum); Available at Aircraft) (England and • http://eur- Scotland) Order 2003 lex.europa.eu/LexUriServ/LexUriSer (SI 2003 No 1895); v.do?uri=OJ:L:2004:226:0022:0082: EN:PDF

• Unofficial consolidated version available at http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=CONSLEG:2004R0853:20 100101:EN:PDF

• Regulation (EC) 854/2004 laying • down specific rules for the

organisation of official controls on products of animal origin intended for human consumption (OJ No. L226/83, 25.06.2004 - corrigendum); Available at • http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2004:226:0083:0127: EN:PDF • Unofficial consolidated version available at http://eur-

lex.europa.eu/LexUriServ/LexUriSer v.do?uri=CONSLEG:2004R0854:20 091101:EN:PDF • • Directive 2004/41/EC repealing certain directives concerning food hygiene and health • conditions for the production and placing on the market of certain products of • animal origin intended for human consumption and amending Council Page 15 of 42

•

• Commission Regulation (EC) 2073/2005 on microbiological criteria http://www.food.gov.uk/multimedia/pdfs/e for foodstuffs (OJ No. L338, cregguidmicrobiolcriteria.pdf • 22.12.2005, p.1); Available at http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2005:338:0060:0082: EN:PDF • Unofficial consolidated version available at http://eurlex.europa.eu/LexUriServ/L exUriServ.do?uri=CONSLEG:2005R 2073:20071227:EN:PDF

Commission Regulation (EC) 2074/2005 as regards implementing measures for certain products of animal origin intended for human consumption and repealing certain implementing measures (OJ L338/27, 22.12.2005) Available at http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2005:338:0027:0059: EN:PDF

Commission Regulation (EC) 2075/2004 laying down specific rules on official controls for Trichinella in • meat (OJ No. L338, 22.12.2005, p.60); Unofficial consolidated version available at • http://eurlex.europa.eu/LexUriServ /LexUriServ.do?uri=CONSLEG:20 05R2075:20071114:EN:PDF • Commission Regulation (EC) Page 16 of 42

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• Commission Regulation 1022/2008 – amends Regulation (EC) 2074/2005 as regards the total volatile basic nitrogen limits (OJ No. L277/18, 18.10.2008) Available at • http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2008:277:0018:0020: EN:PDF • • Commission Regulation 1023/2008 – amends Regulation (EC) 2076/2005 as regards the extension of the transitional period granted to food business operators importing fish oil for human consumption (OJ No. L277/21, 18.10.2008) Available at • http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2008:277:0021:0022: EN:PDF

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Commission Regulation (EU) 505/2010 – amending Annex II to Regulation (EC) 854/2004 (OJ No. L 149/1; 15 June 2010). Available at:: http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2010:149:0001:0002: EN:PDF

Commission Regulation (EU) No 558/2010 – amending Annex III to Regulation (EC) 853/2004 Page 21 of 42

Commission Regulation (EU) 15/2011 – amending Regulation (EC) No 2074/2005 as regards recognised testing methods for detecting marine biotoxins in live bivalve molluscs http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2011:006:0003:0006: EN:PDF

Commission Regulation (EU) 150/2011 – amends Annex III to Regulation (EC) 853/2004 of the European Parliament and of the Council as regards farmed and wild game and farmed and wild game meat (OJ No. L 46/14; 12 February 2011) Available at:: http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2011:046:0014:0016: EN:PDF

Commission Regulation (EU) 151/2001 – amends Annex I to Regulation (EC) 854/2004 of the European Parliament and of the Council as regards farmed game (OJ No. L 46/17; 19 February 2011) Available at:: http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2011:046:0017:0020: EN:PDF

Commission Regulation (EU) No. 1276/2011 – amending Annex III to Regulation (EC) No. 853/2004 of the

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Commission Regulation (EU) 1688/2005 – implementing Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs

Commission Regulation (EU) 1086/2011 – amending Annex II to Regulation (EC) No 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No 2073/2005 as regards salmonella in fresh poultry meat http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2011:281:0007:0011: EN:PDF

Regulation (EU) No 16/2012 - amending Annex II to Regulation (EC) No 853/2004 of the European Parliament and of the Council as regards the requirements concerning frozen food of animal origin intended for human consumption. http://eurlex.europa.eu/LexUriServ/LexUriSer v.do?uri=OJ:L:2012:008:0029:0030: EN:PDF 25. Food Irradiation Provisions Amends The Food S.R. 2000/303 (NI) SI 2009/1584 Labelling provisions in Directive http://www.food.gov.uk/safereating/rad_i (England) Regs 2000 Labelling Regulations S.I.2001/1232 (W.66) 2009/258 (NI) 1999/2/EC, OJ No. L66, 13.3.99, n_food/irradfoodqa/

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treated with ionising on irradiated food sold in third countries for the irradiation of radiation, Commission to the consumer and foods Decision 2002/840/EC to catering Commission List of approved adopting the list of establishments. facilities for the treatment of foods approved facilities in and food ingredients with ionising third countries for the radiation in the Member States – irradiation of foods, subsequently formally published in Commission List of OJ L 77, 11.3.2011, p. 14. approved facilities for Commission Decision 2004/691/EC the treatment of foods amending Decision 2002/840/EC and food ingredients adopting the list of approved facilities with ionising radiation in in third countries for the irradiation of the Member States – food. subsequently formally published in OJ L 77, Commission Decision 2007/802/EC 11.3.2011, p. 14, amending Decision 2002/840/EC as Commission Decision regards the list of approved facilities 2004/691/EC amending in third countries for the irradiation of Decision 2002/840/EC foods. adopting the list of Commission Decision 2010/172/EU approved facilities in amending Decision 2002/840/EC as third countries for the regards the list of approved facilities irradiation of food and in third countries for the irradiation of Commission Decision foods. 2007/802/EC amending Decision 2002/840/EC as regards the list of approved facilities in third countries for the irradiation of foods 27. Food Labelling (Declaration of Amends the Food 2008/1268 (W.128) Commission Directive 2007/68/EC www.food.gov.uk/multimedia/pdfs/publica Allergens) (England) Regulations Labelling Regulations 2008/198 (NI) amending Annex IIIa to Directive tion/allergenlabelguidance09.pdf 2008 1996 to implement 2008/180 (SSI) 2000/13/EC of the European 2008/1188 labelling requirements Parliament and of the Council as for foods containing regards certain food ingredients. allergenic ingredients, including labelling Page 24 of 42

28. Food Labelling (Declaration of Amends the Food 2011/465 (W.70) Commission Regulation (EU) No www.food.gov.uk/multimedia/pdfs/publica Allergens) (England) Regulations Labelling Regulations 2011/45 (NI) 1266/2010 amending Directive tion/allergenlabelguidance09.pdf 2011 1996 to implement an 2011/152(SSI) 2007/68/EC as regards labelling 2011/402 extension to a requirements for wines. temporary exemption to the labelling requirements in respect of certain wine treatment agents enacted by Commission Regulation (EU) No 1266/2010. Revokes the Food Labelling (Declaration of Allergens) (England) Regulations 2009 2009/2801. 29. Food Labelling Regulations 1996 Sets out the general 1996/383 (NI) (as S.I1998/141 Directive 2000/13/EC on the Contact Defra or the Department of SI 1996/1499 rules for the labelling or amended) S.I. 1998/1398 approximation of the laws of Member Health for guidance on the English [The main responsibility for the marking of foods S.I. 1998/2424 States relating to the labelling, legislation and the Welsh Government for this SI in England has now • Article 16 of S.I. 1999/747 presentation and advertising of food, guidance on the Welsh legislation. OJ No. L 109, 6.5.2000, p.29, as moved to DEFRA, although Regulation (EC) No. S.I. 1999/1136 Existing guidance for Wales and amended. Northern Ireland is below, but you should policy as regards safety 178/2002 which is S.I. 1999/1483 aspects of food labelling directly applicable in check with the FSA in the relevant S.I. 1999/1540 remains with the FSA, and in the UK and is This Directive needs to be read with: country that it is still up to date. Contact S.I. 1999/1603 England and Wales policy for enforced by means of • Directive 1999/10/EC providing for details are on the FSA website. S.I. 2000/768 nutrition labelling rests with the the General Food derogations from Article 7 of Department of Health and the Regulations 2004. S.I,2000/1925 (W.134) Directive Link to guidance for Wales and Northern Welsh Government • Sections 14 and 15 2000/13/EC Ireland – respectively] of the Food Safety Act S.I. 2000/2254 • Directive 2002/67/EC regarding Food Labelling Regulations Guidance 1990. S.R. 2000/303 (NI) foods containing quinine or caffeine Notes • The Consumer S.I.2001/1232 (W.66) • Directive 2005/26/EC establishing Protection from Unfair S.I 2000/3323 a list of ingredients which are Labelling Requirements for Alcoholic Trading Regulations S.I.2001/1440 (W.102) provisionally drinks Guidance Notes 2008 exempt from allergen labelling S.I. 2001/2294 requirements, OJ No. L75, Basmati Rice Guidance Notes S.I.2001/2679 (W.220) 22.3.2005, p.33, as amended by Directive 2005/63/EC OJ No. L258. Clear Food Labelling Guidance Notes S.I. 2001/3442 4. 10. 2005, p.3.amended by Directive 2005/63/EC OJ No. L258, S.I.2001/3909 (W.321) Criteria for the Use of Fresh, Pure and Page 25 of 42

S.I.2003/945 (W.126) • Directive 90/496/EEC on nutrition labelling for foodstuffs, OJ No. L276, S.I. 2003/1182 6.10.90, S.I.2003/1713 (W.181) p.40, as amended.

S.I 2003/1563 • Directive 94/54/EC on compulsory S.I.2003/3047 (W.290) indication of particulars other than those S.I 2003/1596 provided for in Directive 2000/13/EC, S.I.2003/3053 (W.291) OJ No. L300, 23.11.94, p.14, as amended. S.I 2003/1659 S.I.2003/3037(W.285) • Labelling provisions in Directive 1999/2/EC, OJ No. L66, 13.3.99, S.I 2003/2075 p.16. S.I2004/1396 (W.141)

S.I 2003/2243 S.I. 2003/3044 (W.288)

S.I. 2003/2647 S.I.2004/249 (W.26)

S.I 2003/3120 S.I. 2004/553 (W.56)

S.I. 2003/3295 S.I.2004/554 (W.57)

S.I. 2004/1512 S.I.2004/258 (W.229)

S.I. 2004/2145 S.I.2004/2731 (W.238)

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S.I. 2005/899 S.I.2005/2835 (W.91)

S.I. 2005/2057 S.I.2005/2835 (W.200) (itself amended by S.I. 2005/2969) S.I.2005/3236 (W.241)

S.I. 2005/2626 S.I.2005/3254 (W.247)

S.I. 2006/14 S.I. 2006/31 (W.5)

S.I 2007/2080 S.I.2007/2611 (W.222)

S.I. 2008/1188 S.I. 2008/1268 (W.128)

S.I.2009/2801 S.I.2009/2880 (W.253)

S.I. 2009/2538 S.I. 2009/2705 (W.224)

S.I.2011/402 S.I.2011/465 (W.70) 30. Food Safety Act 1990 (C.16) Provides the framework List of statutory S.I.1990/2486 Not applicable http://www.food.gov.uk/multimedia/pdfs/f for all domestic food Instruments S.I.1990/2487 sactguide.pdf legislation and provides implementing The Deregulation and Contracting powers to make Food Safety Act 1990: Out Act 1994 secondary legislation to 1990/1383 S.I.1994/3144 implement EU food 1990/2372 Petroleum Act 1998 laws 1990/2462 Food Standards Act 1999 1990/2463 Criminal Justice and Police Act 1990/2486 2001 1990/2487 S.I.2002/794 1990/2614 S.I 2004/2990 Food Safety (Northern S.!.2004/3279 Page 27 of 42

Food Safety (Sampling and Qualifications) (England) Regulations 2013 2013/264.] 32. Food Standards Act 1999 (C.28) An Act to establish the Not applicable None available Food Standards Agency 33. Food Supplements (England) Regulates the sale of 2003/273 (NI) S.I. 2005/2626 Directive 2002/46/EC on the Contact the Department of Health for legislation food supplements, with approximation of the laws of the guidance on the English legislation and [The English SI has now specific requirements SI. 2005/2759 Member States relating to food the Welsh Government for guidance on moved to the Department of regarding labelling, supplements, OJ No. L183, the Welsh legislation. safety and composition, 12.7.2002, p.51. Health] S.I. 2007/330 Guidance for the legislation in Northern with respect to the Commission Ireland is here and for label advisory [The Welsh SI has now moved SI.2009/3251 to the Welsh Government] vitamins, minerals and Regulation1170/2009/EC amending statements and suggested reformulations their forms which may Directive 2002/46/EC of the is here, but you should check with the be used in food SI.2009/3251 European Parliament and of Council FSA there that the guidance is still up to supplements S.R. 2007/116 (NI) and Regulation 1925/2006/EC of the date. Contact details are on the FSA European Parliament and of the website. S.R. 2009/407 (NI) Council as regards the lists of vitamin and minerals and their forms that can be added to foods, including food supplements 34. Food with Added Phytosterols or Provides for the 2005/1224 (W.82) Commission Regulation (EC) No. None available Phytostanols (Labelling) execution and 2004/515 (NI) 608/2004 concerning the labelling of (England) Regulations 2004 enforcement of foods and food ingredients with 2004/3344 Commission Regulation Entry on Food added phytosterols, phytosterol (EC) No. 608/2004 Labelling esters, phytostanols and/or concerning the labelling phytostanol esters

of foods and food ingredients with added phytosterols,

Page 28 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation phytosterol esters, phytostanols and/or phytostanol esters. 35. Foods Intended for Use in Energy Introduces specific 1997/450 (NI) S.I. 2005/2626 Directive 96/8/EC on foods intended None available on the FSA website. Restricted Diets for Weight labelling controls on The Food Labelling http://www.opsi.gov.uk/si/si200 for use in energy-restricted diets for Contact the Department of Health for Reduction legislation foods which are Regulations 1996 (S.I. 5/20052626.htm weight guidance on the English legislation and meal replacements or 1996/1499), reduction (OJ No. L55, 6.3.96, p.22) the Welsh Government for guidance on [The English SI has now moved total diet replacements regulation 40(2) and S.I. 2007/2591 • Directive 2007/29/EC which the Welsh legislation. to the Department of Health] for weight control Schedule 6, Part II, http://www.opsi.gov.uk/si/si200 provides for the removal of the purposes and which item 1. 7/20072591.htm prohibition on selling comply with specified [The Welsh SI has now moved http://www.opsi.gov.u certain foods where the labelling, to the Welsh Government] compositional k/si/si1996/Uksi_1996 advertising or presentation of that requirements S.R. 2007/408 (NI) 1499_en_1.htm food refers to a reduction in that Note that other sense of hunger or an increase in provisions in those the sense of satiety Regulations have been amended as listed in the entry for Food Labelling. Entry on Application of Substances to Foods for Particular Nutritional Uses 36. Foodstuffs Suitable for People Provides for the 2010/338 (NI) Commission Regulation (EC) No http://www.food.gov.uk/foodindustry/guid Intolerant to Gluten legislation execution and 2010/2651 (W.219) 41/2009 concerning the composition ancenotes/labelregsguidance/guidancela enforcement provisions 2010/355 (SSI) and labelling of foodstuffs suitable bellinggluten2010 [The overall responsibility for of The EC Regulation for people intolerant to gluten this legislation lies with the which puts in place Department of Health (English compositional criteria SI 2010/2281). However, the based on internationally policy lead for gluten remains accepted safe levels with the FSA and a link to the related to the claims FSA guidance is in the right- 'gluten-free' and 'very hand column] low gluten' for foods that have been specifically

manufactured to satisfy the particular nutritional requirements of people who are intolerant to gluten 37. Fruit Juices and Fruit Nectars Prescribes definitions 2003/3041 (W.286) S.R. 2011 No.47 (NI) Directive 2001/112, OJ No. L10, Contact Defra for guidance on the Regulations 2003 and reserved 2003/305 (NI) S.I. 2011/700 (W.107) 12.1.2002, p.58, relating to fruit English legislation. [The English SI has now moved descriptions for certain juices and certain similar products Guidance for the legislation in Wales and to DEFRA] designated fruit juice intended for human consumption. Northern Ireland is here but you should products Prescribes definitions and reserved check with the FSA in the relevant descriptions for certain designated country that it is still up to date. Contact Page 29 of 42

and of the Council (O.J. Safety Authority and laying down No. L31, 1.2.2002, p. 1) procedures in matters of food safety.

Commission Regulation (EU)

931/2011 - on the traceability http://eur- requirements set by Regulation (EC) lex.europa.eu/LexUriServ/LexUriServ.do No 178/2002 of the European ?uri=OJ:L:2011:242:0002:0003:EN:PDF Parliament and of the Council for food of animal origin.

39. Genetically Modified Animal Feed Provides for the 2004/3221 (W.277) Regulation 1829/2003/EC of the Guidance to Regulations 1829/2003 and (England) Regulations 2004 enforcement of the 2004/386 (NI) European Parliament and of the 1830/2003 on GM feed and food: 2004/2334 feed-related provisions Council on genetically modified food http://www.food.gov.uk/foodindustry/guid of EC Regulation and feed (OJ No. L268, 18.10.2003, ancenotes/foodguid/gmguidance 1829/2003 on p.1). Separate Regulations make genetically modified provision for the enforcement of that Link to guidance for Northern Ireland - food and feed. part of Regulation (EC) No. NI Guidance: Sampling food and feed to 1829/2003 relating to food. determine the presence of genetically modified material (Northern Ireland) 40. Genetically Modified Food Provides for the 2004/3220 (W.276) Commission Regulation (EC) No. Guidance to Regulations 1829/2003 and (England) Regulations 2004 execution and 2004/385 (NI) 1829/2003 on genetically modified 1830/2003 on GM feed and food: 2004/2335 enforcement of certain food and feed. eparate Regulations http://www.food.gov.uk/foodindustry/guid specified provisions make provision for the enforcement ancenotes/foodguid/gmguidance (i.e. those relating to of that part of Regulation (EC) No. Sampling and Analysis for Official food) of Council 1829/2003 relating to feed. Controls: Regulation (EC) No. http://www.food.gov.uk/foodindustry/guid 1829/2003 on ancenotes/foodguid/enforcementgmsam genetically modified plingguide food and feed. 41. Honey legislation Prescribes definitions 2003/3044 (W.288) S.I. 2005/1920) Directive 2001/110/EC, OJ No. L10, Contact Defra for guidance on the [The English SI has now and reserved 2003/383 (NI) http://www.opsi.gov.uk/si/si200 12.1.2002, p.47, as adopted by EEA English legislation. moved to DEFRA] descriptions for certain 5/uksi_20051920_en.pdf Joint Committee Decision 99/2002, Guidance for the legislation in Wales and specified honey Corrects typographical error in Northern Ireland is here but you should products SI. check with the FSA in the relevant S.I.2005/3052 (W.229) country that it is still up to date. Contact S.R. 2005/385 details are on the FSA website. S.R. 2008/126 42. Infant Formula and Follow-on Prohibits the marketing 2007/506 (NI) SI. 2008/2445SI • Directive 2006/141/EEC on infant Contact the Department of Health for of infant formula or formulae and follow-on formulae, guidance on the English legislation and Page 30 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation Formula legislation follow-on formula and amending the Welsh Government for guidance on [The English SI has now moved unless certain S.R. 2008/405 Directive 1999/21/EC, (OJ No. L401, the Welsh legislation. to the Department of Health] conditions are met 30.12.2006, p.1.) Guidance for the legislation in Northern [The Welsh SI has now moved • Directive 92/52/EEC on infant Ireland is here and for the notification of to the Welsh Government] formulae and follow-on formulae marketing of infant formula is here but intended for export you should check with the FSA there that to third countries (OJ No. L179, it is still up to date. Contact details are on 1.7.92, p.129) the FSA website. The Department of Health and the FSA have issued revised guidance for parents on the safe preparation and storage of powdered infant formula milk. 43. Jam and Similar Products Prescribes definitions 2004/553 (W.56) Directive 2001/113/EC, OJ No. L10, Contact Defra for guidance on the legislation and reserved 2003/519 (NI) 12.1.2002, p.67. Prescribe English legislation. [[The English SI has now descriptions for certain definitions and reserved descriptions Guidance for the legislation in Wales and moved to DEFRA] designated jam concerning fruit jams, jellies and Northern Ireland is here, including a products marmalades and sweetened Quick Guide to Jam here, but you should chestnut purée intended for human check with the FSA in the relevant consumption country that it is still up to date. Contact details are on the FSA website. 44. Kava-kava in Food legislation Prohibits the sale, 2005/288 (NI) S.I. 2004/455 Regulation 178/2002/EC of the Contact the Department of Health for [The English SI has now possession for sale, European Parliament and of the guidance on the English legislation and moved to the Department of offer, exposure or Council. the Welsh Government for guidance on Health] advertisement for sale, the Welsh legislation. [The Welsh SI has now moved and the importation into Q and A briefing prepared by the FSA is to the Welsh Government] England from outside here, but you should check with the FSA the United Kingdom, of in the relevant country that it is still up to any food consisting of, date. Contact details are on the FSA or containing, Kava- website. kava 45. Materials and Articles in Contact Provides for the 2012/2705 (W.291) Commission Regulation (EC) No. http://www.food.gov.uk/foodlabelling/food with Food (England) Regulations execution and 2012/384 (NI) 1935/2004 on materials and articles contactmaterials2/foodcontactmaterialsq 2012 enforcement of intended to come into contact with uestions/ (2012 No. 2619) Commission Regulation food and repealing Directives (EC) No. 1935/2004, 80/590/EEC and 89/109/EEC. http://www.food.gov.uk/business- Commission Regulation Commission Regulation (EC) No. industry/guidancenotes/contaminants- (EC) No. 2023/2006, 2023/2006 on good manufacturing fcm-

Commission Regulation practice for materials and articles guidance/legalcompliancefoodpackaging

(EC) No. 450/2009 and intended to come into contact with implement Commission food. Directive 2007/42/EC. Commission Regulation (EC) No. 450/2009 on active and intelligent

materials and articles intended to

come into contact with food. Commission Directive 2007/42/EC on materials and articles made of regenerated cellulose film.

Page 31 of 42

(EC) No. 282/2008. 46. Meat (Official Controls Charges) Provides for the 2009/1557 (W.152) Articles 26 and 27 of Regulation Link to guidance for England and Wales - (England) Regulations 2009 execution and 2009/247(NI) (EC) No. 882/2004/EC of the http://www.food.gov.uk/multimedia/pdfs/c 2009/1574 enforcement in relation European Parliament and of the harges2012.pdf to England of Articles Council on official controls Link to guidance for Northern Ireland – 26 and 27 of performed to ensure the verification http://www.food.gov.uk/northernireland/ni Regulation (EC) No. of compliance with feed and food regulation/niguidancenotes/fbomhocni 882/2004 of the law, animal health and animal

European Parliament welfare rules (OJ No. L165, and of the Council on 30.4.2004, p.1; the revised text of official controls Regulation 882/2004/EC is now set performed to ensure out in a Corrigendum, OJ No. L191, the verification of 28.5.2004, p.1, which should be read compliance with feed with a further Corrigendum, OJ No. and food law, animal L204, 4.8.2007, p.29), health and animal welfare rules 47. Meat Products legislation Specified exceptions to 2004/1396 (W.141) S.I. 2008/517 Not applicable Contact Defra for guidance on the [The English SI has now moved meat products and 2004/13 (NI) S.I.2008/713 (W.74) English legislation. to DEFRA] subject to a transitional S.R. 2008/82 (NI) Links to guidance for Wales and defence Northern Ireland are below, but you S.I. 2005/2626 should check with the FSA in the relevant country that the guidance is still up to S.I.2005/3254 (W.247) date. Contact details are on the FSA website. The Meat Products Regulations 2004 – Summary Guide for Bakers Guidance on labelling of added ingredients in MPR 5 Meat Products 48. Medical Food legislation Prohibits sale unless 2000/187 (NI) S.I. 2004/2145 Directive 1999/21/EC on dietary Contact the Department of Health for 2000/845 complies with rules as foods for special medical purposes guidance on the English legislation and [The English SI has now moved to S.I. 2005/2626 (OJ No. L91, the Welsh Government for guidance on to the Department of Health] formulation, S.I. 2007/2591 7.4.1999, p.29) the Welsh legislation. [The Welsh SI has now moved composition, Guidance for the notification of marketing instructions for use, of medical food in Northern Ireland is to the Welsh Government] S.R. 2007/408 (NI) naming and labelling here but you should check with the FSA there that it is still up to date. Contact details are on the FSA website.

49. Mineral Hydrocarbons in Food Prohibits the use of 1966/200 (NI) 1982/1727 Not applicable. None available. Regulations 1966 mineral hydrocarbons 1990/2486 1966/1073 in the preparation or 1992/2597 (E/W/S) Page 32 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation composition of food and 1995/3187 (E/W/S/NI) These Regulations will be on marketing or reviewed under the Red Tape importing food Challenge. containing such substances. 50. Natural Mineral Water, Spring Requires recognition of 2007/3156 (W.276) SI 2009/1598 Council Directive 2009/54/EC on the Contact Defra for guidance on the Water and Bottled Drinking Water water as ―natural 2007/420 (NI) S.I.2009/1897(W.170) Exploitation and marketing of natural English legislation. legislation mineral water‖ and sets S.R. 2009/260 mineral waters (OJ No. L164, Links to guidance for the legislation in standards for bottled SI 2010/433 26.6.2009, p.45) Wales and Northern Ireland are below, [The English SI has now moved spring water and S.I.2010/748 (W.76) but you should check with the FSA in the drinking water. relevant country that the guidance is still to DEFRA] SI 2010/896 (amends SI 2010/433) Council Directive 98/83/EC on the quality of water intended for human up to date. Contact details are on the S.R. 2010/68 (NI) FSA website. S.R. 2010/127 (NI) consumption (OJ No. L330, 5.12.1998, p.32) Commission Link to guidance for Wales – S.R. 2011/53 (NI) directive 2003/40/EC establishing http://www.food.gov.uk/multimedia/pdfs/ 2011/400 (W.57) the list, concentration limits and waterguidewales07updated.pdf 2011/400 (W.57) labelling requirements for the Link to guidance for Northern Ireland – constituents of natural mineral http://www.food.gov.uk/foodindustry/guid waters and the conditions for using ancenotes/foodguid/waterguidance ozone-enriched air for the treatment of natural mineral waters and spring waters (OJ No. L126, 22.5.2003, p.34) 51. Notification of Marketing of Food Restricts the sale of 2007/60 (NI) S.I 2010/295 Article 11 of Directive 2009/39/EC Contact the Department of Health for for Particular Nutritional Uses foods for particular S.R. 2010/33 (NI) on foodstuffs intended for particular guidance on the English legislation and Regulations 2007 nutritional uses (PNU nutritional the Welsh Government for guidance on 2007/181 foods). uses (OJ No. L124, 20.5.2009, p.21) the Welsh legislation. [The English SI has now moved Consolidated version available at: Guidance for Northern Ireland is here but to the Department of Health] you should check with the FSA there that [The Welsh SI has now moved it is still up to date. Contact details are on to the Welsh Government] the FSA website.

52. Novel Foods and Novel Food Defines the fees Devolution-related Regulation (EC) No. 258/97 of the None available. Ingredients (Fees) Regulations payable on submission Amendments: European Parliament and of the 1997 of a novel food 2000/253 (W) Council concerning novel foods and 1997/1336 application to 2000/656 (E+W) novel food ingredient laying out authorities in the UK detailed rules for the authorisation of pursuant to Article 4(1) novel foods, ingredients and of Council Regulation processes. (EC) No. 258/97. 53. Novel Foods and Novel Food Provides for the Note: The Regulations Devolution-related Regulation (EC) No. 258/97 of the http://www.food.gov.uk/gmfoods/novel/re Ingredients Regulations 1997 execution and were made before Amendments: European Parliament and of the gulation 1997/1335 enforcement of certain Devolution and 2000/253 (W) Council concerning novel foods and specified provisions of extended to the whole 2000/656 (E+W) novel food ingredient laying out Commission Recommendation Regulation (EC) No. of the UK. detailed rules for the authorisation of 97/618/EC sets out guidance for 258/97 concerning novel foods, ingredients and Other amendments: submission of applications for novel foods and novel processes. Page 33 of 42

and food controls 208/2011/EC (OJ L 58, 3.3.2011, p.29). The latest consolidated version of Regulation 882/2004/EC is at http://europa.eu/legislation_summari es/food_safety/veterinary_checks_a nd_food_hygiene/f84005_en.htm (b) 669/2009/EC9 (last amended by Regulation (EC) 1235/2012, for which the amendments came fully into effect on 01 January 2013) implementing Regulation 882/2004/EC of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC(OJ No. L199,

Page 34 of 42

56. Processed Cereal-based Foods Prohibits the sale of 2003/530 (NI) S.I. 2005/2626 Directive 2006/125/EC on processed None available on the FSA website. and Baby Foods for Infants and Cereal-based Foods http://www.opsi.gov.uk/si/si200 cereal-based foods and baby foods Contact the Department of Health for Young Children legislation and Baby Foods for 5/20052626.htm for infants and young children (OJ guidance on the English legislation and infants and young S.I. 2005/2630 No. L 339, 6.12.2006, p.16). the Welsh Government for guidance on [The English SI has now moved children unless they http://www.opsi.gov.uk/si/si200 the Welsh legislation. to the Department of Health] comply with 5/20052630.htm compositional and SI. 2007/2591 labelling requirements. [The Welsh SI has now moved S.R. 2007/408 (NI) to the Welsh Government] 57. Quick-frozen Foodstuffs Prohibits the placing on 2007/389 (W.40) Commission Regulation 37/2005/EC http://www.food.gov.uk/multimedia/pdfs/p (England) Regulations 2007 the market of a quick- 2007/110 (NI) on the monitoring of temperatures in ublication/quickfrozenregs1107.pdf 2007/191 frozen foodstuff unless the means of transport, warehousing certain conditions are and storage of quick-frozen satisfied foodstuffs intended for human consumption. (OJ No. L10, 13.1.2005, p.18). Repealed and replaced Commission Directive 92/1/EEC (OJ No. L34, 11.2.1992, p. 28–29) Commission Directive 92/2/EEC laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ No. L34, 11.2.1992, p. 30–33) Council Directive 89/108/EEC on the approximation of the laws of the Member States relating to quick- frozen foodstuffs for human consumption (OJ No. L40, 11.2.1989, p. 34–37). 58. Smoke Flavourings (England) Provides for the 2005/1350 (W.98) Regulation (EC) No. 2065/2003 of None available. Regulations 2005 enforcement and 2005/76 (NI) the European Parliament and of the 2005/464 execution of certain Council on smoke flavourings used These Regulations will be specified provisions of or intended for use in or on foods. revoked under the Red Tape Regulation (EC) No. Challenge and a single SI 2065/2003 on smoke covering food additives, flavourings used or enzymes, flavourings and intended for use in extraction solvents will be foods. made. A consultation on the Page 35 of 42

LIST OF ALL1 CURRENT FSA LEGISLATION AND DIRECTLY-APPLICABLE EU REGULATIONS No Regulation ('The …") Purpose Parallel Instrument Amendments EU legislation Link to guidance and SI number with link where No. with link where available available and other relevant legislation single SI will be launched in February 2013. 59. Specified Products from China Provides for the 2008/1080 (W.114) 2012/47(E) Commission Decision 2008/289/EC http://www.food.gov.uk/multimedia/pdfs/e (Restriction on First Placing on execution and 2008/171 (NI) SI 2012/64 (W.15) on emergency measures regarding nforcement/enfe08024phaletter.pdf the Market) (England) enforcement of 2012/3 (NI) the unauthorised genetically Regulations 2008 Commission Decision 2012/64 (W) modified organism ―Bt 63‖ in rice and 2008/1079 2008/289/EC regarding rice products originating in, or the unauthorised consigned from, China. genetically modified organism ‗Bt 63‘ in rice and rice products originating in, or consigned from, China. 60. Specified Sugar Products Prescribes definitions 2003/3047 (W.290) SI 2009/3238 Directive 2001/111/EC relating to Contact Defra for guidance on the legislation and reserved 2003/301 (NI) S.I.2009/3378 (W.300) certain sugars intended for human English legislation. descriptions for certain http://www.opsi.gov.uk/si/si200 consumption and, furthermore, in Guidance for the legislation in Wales and [The English SI has now been specified sugar 9/uksi_20093238_en_1. S.R. order to bring it into line with general Northern Ireland is here, but you should moved to DEFRA] products 2009/416 Community legislation on foodstuffs, check with the FSA in the relevant particularly legislation on labelling, country that it is still up to date. Contact colouring matter and other details are on the FSA website. authorised additives, extraction solvents and methods of analysis. (OJ No. L10, 12.1.2002, p.53) 61. Spreadable Fats (Marketing Provides for the 2008/1341 (W.141) Council Regulation 1234/2007/EC Contact Defra for guidance on the Standards) and the Milk and Milk execution and 2008/239 (NI) (OJ No L299, 16.11.2007, p.1) as English legislation. Products (Protection of enforcement of certain amended. Guidance for the legislation in Wales and Designations) legislation provisions of Council See entry on • Decision 88/566/EEC, OJ No. Northern Ireland on spreadable fats is Regulation (EC) No. Spreadable fats L310, 16/11/88, p.32, as amended. here and on milk and milk products is [The English SI has now been 1234/2007 Commission Directive 445/2007/EC here, but you should check with the FSA moved to DEFRA] laying down certain detailed rules for in the relevant country that the guidance the application of Council Regulation is still up to date. Contact details are on 2991/94/EC laying down standards the FSA website. for spreadable fats and of Council Regulation 1898/87/EC on the protection of designations used in the marketing of milk and milk products 62. Transmissible Spongiform Administers and S.I. 2010/1822 S.I 2008/3266 (W.288) Regulation 999/2001/EC of the http://www.defra.gov.uk/foodfarm/farmani Encephalopathies (England) enforces EU (W.179) 2009/347 (NI) European Parliament and of the mal/diseases/atoz/bse/otm/review/guidan Regulations 2010 regulations which lay 2010/406(NI) Council laying down rules for the ce-otm.htm 2010/801 down rules for the prevention, control and eradication prevention, control and of certain transmissible spongiform eradication of certain encephalopathies (OJ No L 147, transmissible 31.5.2001, p 1) as amended. spongiform Commission Decision 2009/719/EC encephalopathies (OJ No L256 of 29.09.2009) (TSEs) amended by Decision 2010/66/EU

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Commission Decision 2007/411/EC (OJ No L155 of 15.06.2007) 63. Tryptophan in Food (England) Prohibits the addition of Not applicable Contact the Department of Health for Regulations 2005 tryptophan to food and 2005/440 (NI) guidance on the English legislation and 2005/2630 the sale of food the Welsh Government for guidance on [The English SI has now been containing tryptophan the Welsh legislation. moved to the Department of Only an FSA update from 2006 on the Health] 2005 legislation is available on the FSA [The Welsh SI has now moved website here. to the Welsh Government] 64. Ungraded Eggs (Hygiene) Prohibits the retail sale 1990/250 (NI) Commission Regulation 1234/2007 None available Regulations 1990 of cracked ungraded (as amended) 1990/1323 eggs by producers on their own farm, in local [These Regulations will be public markets or by revoked with effect from 6 April door to door selling 2013 under the Red Tape Challenge.] 65. Plastic Kitchenware (Conditions Provides for the 2011/1605 (W.186) Commission Regulation (EU) No. Commission Guidelines on the EU on Imports from China) (England) execution and 2011/236 (NI) 284/2011 (―the EU Kitchenware Regulation Regulations enforcement in relation Regulation‖) was published in the http://ec.europa.eu/food/food/chemicalsaf 2011/1517 to England of Official Journal (OJ) of the EU on ety/foodcontact/documents_en.htm rd Regulation (EU) No. 23 March 2011 (Ref: OJ, L77, Technical Guidelines on sampling 284/2011, which lays 23.03.2011, pg 25-29), Its full title is http://ihcp.jrc.ec.europa.eu/our_labs/eurl down specific Commission Regulation (EU) No _food_c_m/jrc-publishes-technical- conditions and detailed 284/2011 laying down specific guidelines-for-controls-of-polyamide-and- procedures for the conditions and detailed procedures melamine-kitchenware-starting-from- import of polyamide for the import of polyamide and sampling and melamine plastic melamine plastic kitchenware Her Majesty‘s Revenue and Customs kitchenware originating originating in or consigned from the (HMRC) update JCCC CIP (11) 53 in or consigned from People‘s Republic of China and concerning the EU Kitchenware China and Hong Kong Hong Kong Special Administrative Regulation Region, China. http://customs.hmrc.gov.uk/channelsPort

alWebApp/channelsPortalWebApp.portal Commission Regulation 284/2011 ?_nfpb=true&_pageLabel=pageImport_S howContent&propertyType=document&id =HMCE_PROD1_031381

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CURRENT EMERGENCY LEGISLATION

No Regulation ('The …") Purpose Parallel Instrument No. with EU legislation Link to guidance and SI number with link where available link where available and other relevant legislation 1. Chernobyl Third Country Imports regulations Governs imports of foods originating in third countries following the Regulation (EC) No 1048/2009 Regulation (EC) No 733/2008 None available. Chernobyl accident in 1986. (extends 733/2008 to (repealed Council regulation 31/3/2020) 737/90); Commission Regulation 1661/1999; Council Regulation (Euratom) No 3954/87; Regulation EC/1609/2000 2. Food (Cheese) (Emergency Control) Order Prohibited the carrying out of commercial operations in respect of None available. 1998 cheese produced by a certain farm in Somerset. Amendments have 1998/1277 since allowed the cheese manufacture to recommence. Policy officials have identified the Order as one that could be revoked. 3. Food (Cheese) (Emergency Control) Corrects drafting errors in The Food (Cheese) (Emergency Control) None available. (Amendment) Order 1998 Order 1998 1998/1277 1998/1284 4. Food (Cheese) (Emergency Control) Amends part of The Food (Cheese) (Emergency Control) Order 1998 None available. (Amendment No. 2) Order 1998 to allow commercial operations in respect of cheese originating from 1998/1673 a certain farm in Somerset after a certain date. 5. Food Protection (Emergency Prohibitions)(Lead Prohibits the movement from a designated area of drakes, ganders None available. in Ducks and Geese) (England) Order 1992 and geese and any meat, product or feeding stuffs that are likely to 1992/2726 create a hazard to human health because they may be contaminated. There is no longer any need for this legislation and it is in the process of being removed. 6. Food (Suspension of the Use of E 128 Red 2G Provides enforcement measures in England for Commission 2007/2315 (W 186) Commission Regulation (EC) None available. as Food Colour) (England) Regulations 2007 Regulation (EC) No. 884/2007 on emergency measures suspending No 884/2007 2007/2266 the use of E 128 Red 2G as a food colour, following an unfavourable opinion by the European Food Safety Authority (EFSA). The Commission Regulation This will be revoked by the new consolidated will be revoked on 1 June SI on food additives, flavourings, enzymes 2013 when Annex II to and extraction solvents. Regulation 1333/2008 comes into force which does not allow the use of Red 2G.

Page 38 of 42

Please note: When the European Commission issues EU-wide emergency safeguard measures for food from a non-EU country, the FSA may apply these in the UK by means of a Declaration. The table of foodstuffs with current restrictions can be found at http://www.food.gov.uk/multimedia/pdfs/enforcement/restrictedfoodstuffs.pdf FSA FOOD LAW GUIDE FEBRUARY 2013

CURRENT LEGISLATION SPECIFIC TO A UK COUNTRY OTHER THAN ENGLAND

No UK Country Regulation ('The …") Purpose Amendments EU legislation Link to guidance and SI number with link where available

1. Wales The Food Labelling (Nutrition Information) Implements technical amendments to SI 2010/1069 (W.100) Commission Directive 2008/100/EC Contact the Welsh (Wales) Regulations 2009 nutrition labelling Government for 2009/2705 (W.224) These regulations Commission Directive 2008/100/EC correct a typographical amended Council Directive 90/496/EEC guidance. error in Schedule 2 of on nutrition labelling for foodstuffs as The Food Labelling regards recommended daily allowances, (Nutrition Information) energy conversion factors and (Wales) (Amendment) definitions.

2. Wales The Food and Animal Feedingstuffs Provides protective measures with Commission Decision 2002/69/EC (OJ None available (Products of Animal Origin from China) regard to the products of animal origin No. L30, 31.1.2002, p.50) as amended (Emergency Control) (Wales) Regulations imported from China by Commission Decision 2002/441/EC 2002 (OJ No. L151,11.6.2002, p.16). 2002/1798 (W.173) 3. Wales The Food Protection (Emergency Prohibits restricting various activities in None available Prohibitions) (Contamination of Feeding order to prevent human consumption of Stuff) (Wales) (No. 2) Order 1989 food rendered unsuitable for that 1989/2092 purpose in consequence of the escape of lead into imported animal feeding stuff.

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MISCELLANEOUS FOOD LEGISLATION OWNED BY OTHER GOVERNMENT DEPARTMENTS

No Regulation ('The …") Lead OGD (with links where available) Contact and SI number with link where available

1. Animal By-Products (Enforcement) (England) Regulations 2011 DEFRA 2011/881

2. Animal By-Products (Enforcement) (Wales) Regulations 2011 WAG 2011/600 (W.88)

3. Animal By-Products (Enforcement) Regulations (Northern Ireland) DARD NI 2011 (as amended) 2011/124

4. 4 Council and Commission Regulations – Wine DEFRA Phillip Munday ([email protected]

5. 3 Drinking Milk Regulations DEFRA Sian Oliver-Gay ([email protected]

6. 5 Eggs and Poultry Regulations DEFRA

7. General Product Safety Regulations 2005 Department for Business Innovation and Skills 2005/1803

8. 2 Olive Oil Regulations DEFRA Paul Chapinal ([email protected]

9. 7 Pesticides Residues Regulations – UK Basis CRD DEFRA

10. Preserved Sardines (Marketing Standards) Regulations 1990 DEFRA

11. Preserved Tuna and Bonito (Marketing Standards) Regulations DEFRA 1994

12. Spirit Drink Regulations DEFRA Simon Johnson ([email protected]

13. Trade in Animals and Related Products Regulations 2011 DEFRA (2011/1197)

14. 6 Veterinary Residues Regulations – UK Basis, VMD DEFRA

15. Wine Regulations (England) 2009 2009/386 DEFRA Phillip Munday ([email protected]

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LIST OF LEGISLATION EXPECTED TO COME INTO FORCE IN THE NEXT 12 MONTHS

No Regulation ('The …") Purpose Parallel Instrument No. with EU legislation Link to guidance and SI number with link where link where available and other available relevant legislation

1. D Draft SI. The Feed Hygiene and Amendment to SI 2005 No 3280 (and parallel Commission Regulation 225/2012 Enforcement (Amendment) legislation in the devolved administrations) to Regulations 2012 introduce additional controls on dioxins in fats and oils and require the approval of fats and oils blenders and processors.

2. TThe draft Food (Miscellaneous The 2013 Regulations will revoke The Arsenic in Amendment and Revocation) Food Regulations 1959 as amended, which laid (England) Regulations 2013. The down the general limit of 1 mg/kg (milligram per proposed Regulations will revoke kilogram) for arsenic in food. Separate limits The Arsenic in Food Regulations 2 applied to certain food categories. The Chloroform 1959 and their amendments , The in Food Regulations 1980 laid down restrictions Chloroform in Food Regulations regarding food added with chloroform. The 1980 and the Ungraded Eggs Regulations prohibited the sale or importation of (Hygiene) Regulations 1990. The food containing added chloroform under any Regulations will also amend the circumstances. The Regulations will also revoke Food Labelling Regulations 1996. the Ungraded Eggs (Hygiene) Regulations 1990, which prohibit the retail sale of cracked eggs by producers on their own farms, in local public markets or by door to door selling. The Regulations will also amend the Food Labelling Regulations 1996 in order to correct an error in a previous amending SI, namely the Food Labelling (Declaration of Allergens) (England) Regulations 2011. It is expected that consultation on the above will be launched at the end of August 2012, with the Regulations coming into force in April 2013.

2 SI 1960 No. 2261 and SI 1973 No. 1052

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LIST OF RECENTLY-REVOKED ENGLISH LEGISLATION3

No Regulation being revoked Statutory Date revoked Instrument 1. Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (England) 2009/891 20 January 2010, by the Food Additives (England) Regulations 2009 (2009/3238). Regulations 2009 2. Flavourings in Food Regulations 1992 (in relation to England) 1992/1971, as 20 January 2011 by the Flavourings in Food (England) Regulations 2010 amended (2010/2817) and superseded by the provisions of these Regulations. 3. Food Additives Labelling Regulations 1992 (in relation to England) 1992/1978, as 20 January 2010 by the Food Additives (England) Regulations 2009 (2009/3238) and superseded by the provisions of these Regulations. amended 4. Sweeteners in Food Regulations 1995 (in relation to England) 1995/3123, as 20 January 2010, by the Food Additives (England) Regulations 2009 (2009/3238) amended and superseded by the provisions of these Regulations. 5. Colours in Food Regulations 1995(in relation to England) 1995/3124, as 20 January 2010, by the Food Additives (England) Regulations 2009 (2009/3238) amended and superseded by the provisions of these Regulations. 6. Miscellaneous Food Additives Regulations 1995 (in relation to England) 1995/3187, as 20 January 2010, by the Food Additives (England) Regulations 2009 (2009/3238) amended and superseded by the provisions of these Regulations. 7. Official Feed and Food Controls (England) Regulations 2007 2007/3185 25 January 2010, replaced by 2009/3255 8. Rice Products from the United States of America (Restriction on First Placing on the 2008/622 16 June 2010, by The Rice Products from the United States of America Market) (England) Regulations 2008 (Restriction on First Placing on the Market) (England) (Revocation) Regulations 2010 (2010/1585) 9. Contaminants in Food (England) Regulations 2009 2009/1223 20 October 2010, by the Contaminants in Food (England) Regulations 2010 2010/2228 and superseded by the provisions of these Regulations.

10. Materials and Articles in Contact with Food (England) Regulations 2007 2007/2790 as 20 October 2010, by Materials and Articles in Contact with Food (England) amended Regulations 2010 (2010/2225) and superseded by the provisions of these Regulations. 11. Fo od Labelling (Declaration of Allergens) (England) Regulations 2009 2009/2801 16 March 2011 by the Food Labelling (Declaration of Allergens) (England) Regulations 2011 2011/402 and superseded by the provisions of these Regulations. 12. Food (Jelly Mini-Cups) (Emergency Control) (England) Regulations 2009 2009/3230 31 March 2011 by The Food (Jelly Mini-Cups) (Emergency Control) (England) (Revocation) Regulations 2011 2011/213 13. Authorised Officers (Meat Inspection) Regulations 1987 1987/133 6 April 2012 by The Authorised Officers (Meat Inspection) (Revocation) (England) Regulations 2012 2012/690 2012/826 (W) 14. Materials and Articles in Contact with Food (England) Regulations 2010 2010/2225 20 November 2012 by The Materials and Articles in Contact with Food (England) Regulations 2012 (2012 No. 2619) 15. Ceramic Articles in Contact with Food (England) Regulations 2006 2006/1179 20 November 2012 by The Materials and Articles in Contact with Food (England) Regulations 2012 (2012 No. 2619) 16. Plastic Materials and Articles in Contact with Food Regulations 2009 2009/205 20 November 2012 by The Materials and Articles in Contact with Food (England) Regulations 2012 (2012 No. 2619)

3 Equivalent legislation in the devolved administrations may also have been revoked.

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