(This note is not part of the Regulations)
These Regulations, which apply to Great Britain, make provision for the enforcement and execution of Commission Regulation (EC) No 1525/98 (OJ No L201, 17.7.98, p 43) and Commission Regulation (EC) No 864/1999 (OJ No L108, 27.4.1999, p 16) both of which amend Commission Regulation (EC) No 194/97 setting maximum levels for certain contaminants in foodstuffs (together “the Commission Regulation”). These Regulations also implement Commission Directive 98/53/EC (OJ No L201, 17.7.98, p 93) laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs.
These Regulations, which amend the Contaminants in Food Regulations 1997—
(a) extend enforcement responsibilities in England to district councils (regulation 3(c));
(b) provide that it is an offence to place on the market food which fails to meet the requirements of Article 2.1 of Commission Regulation 194/97 (“the Commission Regulation”) or to contravene Article 2.4 thereof (regulation 4);
(c) apply section 9 of the Food Safety Act 1990 (“the Act”) with modifications, so as to require, by service of a notice, that food (other than “authorised lettuce or spinach”) which may contravene the requirements of Article 2.1 of Regulation 194/97 is to be removed for the purposes of inspection to a place having the proper facilities to do so and provide that it is an offence to knowingly contravene or fail to comply with such a notice (regulations 4 and 8);
(d) provide that port health authorities are to have enforcement responsibilities (regulation 5);
(e) modify the application of section 29 of the Act so as to provide that the taking of any samples of specified food must be in accordance with the methods described in Commission Directive 98/53 and require that samples of specified food are prepared and analysed in accordance with that Directive (regulation 6);
(f) require records containing specified information to be kept and produced upon request (regulation 7);
(g) amend the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 9); and
(h) revoke the Aflatoxins in Nuts, Nut Products, Dried Figs and Dried Fig Products Regulations 1992 and make a consequential revocation of a provision of the Food Labelling Regulations 1996 (regulation 10).
A Regulatory Impact Assessment has been prepared in so far as these Regulations make provision for the enforcement and execution of Commission Regulation (EC) No 1525/98 and implement Commission Directive 98/53/EC. The Assessment has been placed in the library of each House of Parliament and copies can be obtained from the Food Contaminants Division of the Ministry of Agriculture, Fisheries and Food, Ergon House c/o Nobel House, 17 Smith Square, London SW1P 3JR.