Food Standards Agency Food And Feed Law Guide

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Food Standards Agency Food and Feed Law GuideIntroductionThe Food Standards Agency (FSA) has produced this guide as a reference tool for food and feed legislation applicable in England, Wales and Northern Ireland. All reasonable efforts havebeen made to ensure that the information is correct at the time of publication, but no guarantee can be given regarding the accuracy of information provided.ContentsSection 1: Division of responsibility for food and feed law in the UK2Section 2: EU and domestic legislation4Acts of Parliament (the UK legislative framework)4Animal feed5Food additives6Food contaminants8Food contact materials9Food imports9Food irradiation10Food labelling11Food safety & hygiene18Genetically modified food19Novel foods20Official control organisation and charging20Transmissible spongiform encephalopathies (TSEs)21Section 3 - Legislation specific to Northern Ireland22Section 4 - Legislation specific to Wales23Section 5 - Miscellaneous food legislation24Section 6 - Legislation expected to come into force in the next 12 months25Section 7 – Recently revoked legislation27Last updated July 20201

Section 1: Division of responsibility for food and feed law in the UKFeed and food safety and standards are devolved matters in the UK. The FSA has responsibility at central Government level for the main body of feed and food safety law in England, Wales andNorthern Ireland, with dedicated offices working to the relevant Parliaments in England and Wales and to the Northern Ireland Assembly.Food Standards Scotland (FSS) was established 1 April 2015 as the national food body for Scotland, with responsibility for those central Government functions previously carried out by the FSA inScotland. .FSS publish a Scotland Food & Feed Law Guide on their website -guideFollowing machinery of government changes introduced in 2010, FSA responsibilities for food law across England Wales and Northern Ireland is no longer harmonised. In England, Defra is responsible for food labelling, other than for matters of food safety such as ‘Use By’ dates and allergens labelling etc. The Department of Health has central governmentresponsibility for nutrition-related food legislation in England (Table 1).In Wales, the FSA retains responsibility for general food labelling. The Welsh Government is Responsible for nutrition-related food legislation (Table 2).In Northern Ireland the FSA retains responsibility for general food labelling and nutrition-related food legislation (Table 3).Table 1: EnglandGeneralThe FSAFood safety,Traceability, Hygienecontrols, foodincidents, Rapid AlertSystem for Food andFeed (RASFF)Import ControlsComposition &StandardsLabellingFood Safety aspects(inc. allergens) onlyPublic health aspectsof food & feedStandards for feedmaterials as set out inthe feed catalogueFeed safety, nutritionalcontent andPARNUTSAll - Beef Labelling &protected food namesDefra (and DefraAgencies)12Animal By-ProductsFeed banAnimal By-productsDept. of Health andSocial Care (DHSC)N/AN/AHSEChemicalsRegulation Division(CRD)N/AN/ABiological )1Organic ProductsNutrition andNutritional HealthclaimsN/AIn relation to specified risk material, mechanically separated meat and slaughtering techniquesVeterinary Medicines Directorate2BiotechnologyFood and feedadditives,Contaminants, Foodcontact materialsGenetically Modified(GM) food and feedChemical Safety ofFeedTSEsMedicated feed,Specified FeedAdditives,Residues of VeterinaryProducts (VMD2)N/AN/AN/AN/AN/AN/AN/APesticide ResiduesBiocide productsN/AComposition &Standards except forfood for particularnutritional usesLabelling Generalwhere not related tofood safety or nutritionFoods for SpecificGroupsChemical Safety

Table 2: WalesWalesThe FSAGeneralTraceability, Hygiene,Rapid Alert Systemfor Food and Feed(RASFF)Import ControlsPublic Healthaspects of food &feedComposition &StandardsBiological SafetyChemical SafetyBiotechnologyAll except for hies(TSEs)3 in relation tofood for humanconsumptionFood and feedadditives,Contaminants, Foodcontact materials,Chemical Safety ofFeedGenetically Modified (GM)foodOrganic ProductsTSEs in relation toanimal diseaseMedicated feed,Specified FeedAdditives,Residues ofVeterinary ProductsN/ALabellingAll General Labelling,Food safety aspectsNutrition andNutritional HealthClaimsWelsh GovernmentAnimal By-ProductsFeed banAnimal By-productsN/AN/AN/AN/AN/APesticide ResiduesN/AGeneralImport ControlsLabellingComposition &StandardsBiological SafetyChemical SafetyBiotechnologyPublic Healthaspects of food andfeedAll General Labelling,Food Safety aspects,Foods for SpecificGroups,Nutrition & s(TSEs)4e.g. additives,contaminants, foodcontact materialsGenetically Modified (GM)foodTSEsChemical Safety ofFeed, Medicatedfeed, Specified FeedAdditives,Residues ofVeterinary ProductsN/AN/APesticide ResiduesN/AFoods for SpecificGroups,Beef Labelling &protected food namesHSE(CRD)Table 3: Northern IrelandThe FSADepartment ofAgriculture,Environment andRural Affairs(DAERA)Traceability, Hygiene,Rapid Alert Systemfor Food and Feed(RASFF)All except for organicproductsAnimal By-ProductsFeed banN/ABeef Labelling &protected food namesOrganic ProductsN/AN/AN/AN/AHSE(CRD)34In relation to specified risk material, mechanically separated meat and slaughtering techniquesIn relation to specified risk material, mechanically separated meat and slaughtering techniques3

Section 2: EU and domestic legislationActs of Parliament (the UK legislative culture Act 19701970 c. 40The Food Environment and ProtectionAct 19851985 c. 48Provides the framework for domestic agriculture legislation and provides powers tomake secondary legislation to implement EU feed LawsProvides the framework for making emergency orders specifying activities which are tobe prohibited as a precaution against the consumption of food rendered unsuitable forhuman consumption in consequence of an escape of substances.The Food Safety Act 19901990 c. 16Provides the framework for all domestic food legislation and provides powers to makesecondary legislation to implement EU food LawsNorthern IrelandFood Safety (NorthernIreland) Order 19911991/762 ation and ContractingOut Act 1994S.I.1994/3144Petroleum Act 1998Food Standards Act 1999Criminal Justice and Police Act2001S.I.2002/794S.I 2004/2990S.!.2004/3279Northern Ireland1995/2011996/16331997/493Food Standards Act 19992004/4822004/5052006 No. 3336 (N.I. 21) – subject totransitional provisions in 2007/1942011/10432013/291The Food Standards Act 19991999 c. 28The European Union (WithdrawalAgreement) Act 20202020 c. 1Establishing the Food Standards AgencyImplements the Withdrawal Agreement, as agreed between the United Kingdom and theEuropean Union (EU).4

Animal feedRegulationThe Animal Feed (BasicSafety Standards)(England) Regulation20192019 No. 683PurposeParallelInstrumentsWales2018 No. 40(W. 12)AmendmentsThese Regulations provide for the transposition inEngland of the requirements of Council Directive2013/59/Euratom of 5th December 2013 laying downbasic safety standards for protection against thedangers arising from exposure to ionising radiation, and Northern Irelandrepealing Directives 89/618/Euratom, 90/641/Euratom,2018 No. 1696/29/Euratom, 97/43/Euratom and 2003/122/Euratom(OJ L 13, 17.1.2014, p. 1).EU Legislation(Transition Period)Council Directive 2013/59/Euratom of 5thDecember 2013 laying down basic safetystandards for protection against the dangersarising from exposure to ionising radiation, andrepealing Directives 89/618/Euratom,90/641/Euratom, 96/29/Euratom, 97/43/Euratomand 2003/122/Euratom (OJ L 13, 17.1.2014, p.1).In particular, these regulations provide that a personcommits an offence if they –(a) intentionally add any radioactive substance toanimal feed during production of the feed.(b) import to, or export from, the United Kingdom andanimal feed to which, during production, a radioactivesubstance has been intentionally added.The Animal Feed(Composition, Marketingand Use) (England)Regulations 20152015 No. 255These Regulations provide for the enforcement orimplementation of EU Regulations and Directives onfeed safety, genetically modified feed, feed additives,the marketing and use of feed, undesirable substances(contaminants) in feed and feed for particular nutritionalpurposes.Wales2016 No. 386(W. 120)The Animal Feed(Hygiene, Samplingetc and Enforcement)(England)Regulations 20152015 No. 454These Regulations, provide for the continuing executionWalesand enforcement of Regulation (EC) No 183/20052016 No. 387 (W.laying down requirements for feed hygiene,121)(“Regulation 183/2005”) and Commission Regulation(EC) No. 152/2009 laying down the methods ofNorthern Irelandsampling and analysis for the official control of feed,NI 2016 No.5(“Regulation 152/2009”), and also make provision as toadministration generally in relation to feed law, inparticular so as to give effect to Regulation (EC) No2017/625 on official controls and other official activitiesperformed to ensure the application of food and feedlaw, rules on animal health and welfare, plant healthNorthern IrelandNI 2016 No.45England2019 No. 675Wales806 (W.162)Wales2018 No. 806(W. 162)Regulation (EC) 767/2009 on the marketingand use of feed.Directive 2008/38/EC establishing a list ofintended uses of animal feedingstuffs forparticular nutritional purposes.Regulation (EC) 1829/2003 on geneticallymodified food and feed.Regulation (EC) No 1831/2003 on additivesfor use in animal nutrition.Regulation (EC) No 178/2002 laying downthe general principles and requirements offood law.Directive 2002/32/EC on undesirablesubstances in animal feed.Directive 82/475/EEC laying down thecategories of feed materials which may beused for the purposes of labellingfeedingstuffs for pet animalsRegulation (EC) 152/2009 laying down themethods of sampling and analysis for the officialcontrol of feedRegulation (EC) 183/2005 laying downrequirements for feed hygiene, (“Regulation183/2005”);Regulation (EC) No 2017/625 on official controlsand other official activitiesGuidance

RegulationPurposeParallelInstrumentsAmendmentsand plant production products (“Regulation 2017/625)The Feed (Samplingand Analysis andSpecified UndesirableSubstances (England)Regulations20102010 No. 2280The Animal Feed(England)Regulations 20102010 No. 2503EU Legislation(Transition Period)Regulation (EC) 767/2009 on the marketingand use of feed.GuidanceThese Regulations provide for the execution in EnglandWalesEnglandRegulation (EC) No. 152/2009of Commission Regulation (EC) No. 152/2009 laying2010 No. 22872015 No. 454Commission Directive 2009/141 amendingdown the methods of sampling and analysis for the(W. 199)Annex I to Directive 2002/32/ECofficial control of feed. The Commission RegulationWalesrepeals and re-enacts with certain amendments a large Northern Ireland 2010 No. 2652number of European directives concerning methods of2010 No. 323(W. 220)sampling and analysis of feeding stuffs. TheRegulations revoke (in relation to England) the FeedingNorthern IrelandStuffs (Sampling and Analysis) Regulations 1999 as2010 No. 355 (NI)amended, which implemented those directives and reenact those administrative provisions of the 1999Regulations which need to be kept in force. TheRegulation also amends the Feeding Stuffs (England)Regulations 2005.Please note that Regulations 4, 5, 6, 7, 21, 22, 23 andSchedule 1 of 2010 No. 2280 were revoked by TheAnimal Feed (Hygiene, Sampling etc. and Enforcement)(England) Regulations 2015.These regulations revoke the Feeding Stuffs (England)Regulations 2005 as amended and re-enact certain oftheir provisions. They also provide for the executionand enforcement of Regulation 767/2009 on themarketing and use of feed and for the enforcement ofthe EU Regulation 1831/2003 on feedadditives. Additionally, it maintains the implementationof EU Directives 2008/38 & 2002/32 concerning dieteticfeeds and contaminants in feed and makesamendments and modifications to Part IV of theAgriculture Act 1970 as well as amending certain otherRegulations.Wales2010 No. 2652(W.220)England2015 No. 454Wales2016 No. 387(W. 121)Regulation 767/2009Regulation (EC) No. 1831/2003 on additives foruse in animal nutritionimplementation of Directive 2002/32/EC onundesirable substances in animal feed and2008/38/EC[It should be noted that only regulations 1, 2 and 14.ofthese England Regulations remain in force followingthe revocation of the other regulations by The AnimalFeed (Composition, Marketing and Use) (England)Regulations 2015]Food additivesRegulationThe Food Additives,Flavourings, Enzymesand Extraction Solvents(England) Regulations2013PurposeProvides for the execution and enforcement of EURegulations on food additives, flavourings(including smoke flavourings) and enzymes.ParallelInstrumentsWales2013 No. 2591(W. 255)Partially transposes the extraction solvent6AmendmentsWales2018 No. 806(W. 162)EU Legislation(Transition Period)FlavouringsCommission Implementing Regulation (EU)1321/2013 establishing the Union list ofauthorised smoke flavouring primaryGuidanceFood AdditivesLegislation Guidance toCompliance 2015

Regulation2013 No. 2210Purposerequirements (Directive2009/32/EC).The 2013 Regulations revoked various earliersectorial legislation and consolidated therequirements into one measure.ParallelInstrumentsNorthern Ireland2013 No. 220(NI)AmendmentsEU Legislation(Transition Period)products for use as such in or on foodsand/or the production of derived smokeflavourings Commission Regulation (EU) No.873/2012 on transitional measuresconcerning the Union list of flavourings andsource materials set out in Annex I toRegulation (EC) 1334/2008.Regulation (EC) No.1334/2008 on flavouringsand certain food ingredients with flavouringproperties for use in and on foods andamending Council Regulation (EEC)No.1601/91, Regulation (EC) No. 2232/96 and(EC) No.110/2008 and Directive 2000/13/EC.Regulation (EC) No.2065/2003 on smokeflavourings used or intended for use in or onfoods.EnzymesCommission Regulation (EU) No.1056/2012amending Regulation (EC) No 1332/2008 onfood enzymes with regard to transitionalmeasures.Commission Implementing Regulation (EU)No 562/2012 amending CommissionRegulation (EU) No. 234/2011 with regard tospecific data required for risk assessment offood enzymes.Regulation (EC) No.1332/2008 on foodenzymes and amending Council Directive83/417/EEC, Council Regulation, (EC)No.1493/1999/EC, Directive 2000/13/ECCouncil Directive 2001/112/EC and Regulation(EC) No.258/97/EC.Extraction SolventsDirective 2009/32/EC on the approximation ofthe laws of the Member States on extractionsolvents used in the production of foodstuffsand food ingredients.Food AdditivesRegulation (EC) No. 1333/2008 on foodadditivesCommission Regulation (EU) 231/2012laying down specifications for food additives7Guidance

RegulationPurposeParallelInstrumentsAmendmentsEU Legislation(Transition Period)listed in Annexes II and III to Regulation (EC)No.1333/2008GuidanceFood contaminantsRegulationThe Contaminants inFood (England)Regulations 20132013 No. 2196PurposeProvides for the execution and enforcement ofRegulation (EC) No.1881/2006 as amended.ParallelInstrumentsWales2013 No. 2493(W.242)EU LegislationGuidance(Transition Period)Council Regulation (EEC) 315/93 laying down EU Sampling andWalesAnalysis Guidance for2018 No. 806 (W. procedures for contaminants in food.162)Official ControlsCommission Regulation (EC) No 1881/2006 asamended setting maximum levels for certainNorthern Irelandcontaminants in foodstuffs. The above link is to 2013 No. 229the latest consolidated version.AmendmentsCommission Regulation (EC) 124/2009 settingmaximum levels for the presence of coccidiostatsor histomonostats in food resulting from theunavoidable carry-over of these substances innon-target feed. The above link is to the latestconsolidated version.Commission Regulation 401/2006 laying downsampling and analysis methods for official controlof levels of mycotoxins in foodstuffs (asamended). The above link is to the latestconsolidated version.Commission Regulation 1882/2006 laying downsampling and analysis methods for official controlof nitrates levels in certain foodstuffs.Commission Regulation (EC) 333/2007 layingdown sampling and analysis methods for officialcontrol of levels of lead, cadmium, mercury,inorganic tin, 3- MCPD and benzo(a)pyrene infoodstuffs (as amended). The above link is to thelatest consolidated version.Commission Regulation (EC) 2017/644 layingdown methods of sampling and analysis for thecontrol of levels of dioxins, dioxin- like PCBs andnon dioxin-like PCBs in certain foodstuffs.8

Food contact materialsRegulationThe Materials andArticles in Contactwith Food (England)Regulations 20122012 No. 2619PurposeProvides for the execution and enforcement inEngland of the provisions of several Regulations andDirectives that are responsible for ensuring the safetyof consumers in relation to specific materials andarticles intended to come into contact with food. Thefull list can be found under the next headers.Also revokes and re- enacts all existing nationalmeasures, with the exception of the PlasticKitchenware (Conditions on Import from China)(England) Regulations 2011.ParallelInstrumentsWales2012 No. 2705(W.291)AmendmentsWales2018 No. 806(W.162)2018 No. 913 (W.179)Northern Ireland2012 No. 384 (NI) 2017 No. 832(W.202)EU Legislation(Transition Period)Commission Regulation (EU) 10/2011 plasticmaterials and articles intended to come intocontact with food, as amended (link is anunofficial consolidated version)GuidanceFood Contact Materials– Overview of theLegislationCommission Regulation (EC) 450/2009 on activeand intelligent materials and articles intended tocome into contact with foodRegulation (EC) 282/2008 on recycled plastics(enforcement provisions not yet implemented)Commission Directive (EC) 2007/42/EC onmaterials and articles made of regeneratedcellulose filmCommission Regulation (EC) 2023/2006 on goodmanufacturing practice for materials and articlesintended to come into contact with foods, asamended (link is an unofficial consolidatedversion)Regulation (EC) 1895/2005 on the restriction ofcertain epoxy derivatives in materials and articlesintended to come into contact with foodCouncil Directive 84/500/EEC on theapproximation of the laws of the Member statesrelating to ceramic articles intended to come intocontact with foodstuffsCommission Regulation (EC) 1935/2004 onmaterials and articles intended to come intocontact with foodCouncil Directive 78/142/EEC relating to the useof vinyl chloride monomer (VCM)Food importsRegulationThe PlasticKitchenware(Conditions onImports from China)(England)Regulations 20112011/1517PurposeProvides for the execution and enforcement inrelation to England of Regulation (EU) No.284/2011, which lays down specific conditions anddetailed procedures for the import of polyamide andmelamine plastic kitchenware originating in orconsigned from China and Hong KongParallelInstrumentsWales2011 No. 1605(W.186)NorthernIreland2011 No. 236 (NI)9AmendmentsWales2019 No. 434(W. 102)2019 No. 1482(W. 266)2018 No. 806(W.162)EU Legislation(Transition Period)Commission Regulation (EU) 284/2011 (“the EUKitchenware Regulation”) Its full title isCommission Regulation (EU) 284/2011 layingdown specific conditions and detailed proceduresfor the import of polyamide and melamine plastickitchenware originating in or consigned from thePeople’s Republic of China and Hong KongSpecial Administrative Region, China.Guidance

RegulationPurposeChernobyl Third CountryImports regulationsGoverns imports of specified foods originating in thirdcountries following the Chernobyl accident in 1986.[Regulation 733/2008 has now expired

for use in animal nutrition. Regulation (EC) No 178/2002 laying down the general principles and requirements of food law. Directive 2002/32/EC on undesirable substances in animal feed. Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling feedingstuffs for pet animals The Animal Feed (Hygiene, Sampling etc and Enforcement) (England .

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