This Statutory Instrument has been printed to correct an error in SI 2004/1697 and is being issued free of charge to all known recipients of that instrument.
Statutory Instruments
2004 No. 1871
FOOD
The Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2004
Made
19th July 2004
Laid before Parliament
20th July 2004
Coming into force
25th July 2004
The powers conferred by sections 45 and 48(1)(b) and (c) of the Food Safety Act 1990 ( 1 ) are now vested in the Secretary of State( 2 ).
The Secretary of State for Environment, Food and Rural Affairs has carried out the consultation required by section 48(4) of that Act and had regard, in accordance with section 48(4A) of that Act, to any relevant advice given by the Food Standards Agency.
She has carried out the consultation required by Article 9 of Regulation (EC) No.178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety( 3 ).
Accordingly, in exercise of those powers, she makes the following Regulations:
Title and commencement
1. These Regulations may be cited as the Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2004 and come into force on 25th July 2004.
Revocation and amendment of previous instruments
2. —(1)The Charges for Inspections and Controls (Amendment) Regulations 2004( 4 ) are revoked.
(2) On 26th July 2004, the Charges for Inspections and Controls Regulations 1997( 5 ) are amended by the substitution of the following table for the table in the Schedule:
| (1) | (2) |
|---|---|
| Animal, fish or product of animal origin | Charge |
| Bovine | £0.4143 per carcase |
| Swine | £0.0978 per carcase |
| Soliped | £0.3058 per carcase |
| Sheep | £0.0267 per carcase |
| Goat | £0.0184 per carcase |
| Poultry | £0.8297 per tonne |
| Game | £1.0461 per tonne |
| Wild game | £1.0461 per tonne |
| Salmon | £1.69 per tonne of marketed product |
| Brown trout, rainbow trout | £1.43 per tonne of fish feed |
| Milk | £0.0177 per 1,000 litres |
| Eggs | £0.0083 per case of 360 eggs |
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
19th July 2004
1990 c. 16 . Section 45 was amended by paragraphs 8 and 20 of Schedule 5 to the Food Standards Act 1999 (c. 28) and section 48 was amended by paragraphs 8 and 21 of that Schedule.
The powers, in so far as exercisable in relation to England, were transferred by article 2(6) of the Transfer of Functions (Agriculture and Food) Order 1999 ( S.I. 1999/3141 ) to the Minister of Agriculture, Fisheries and Food and the Secretary of State acting jointly, and by article 2(3) of the Ministry of Agriculture, Fisheries and Food (Dissolution) Order 2002 ( S.I. 2002/794 ) to the Secretary of State. In so far as they are exercisable in relation to Scotland, they were transferred to Scottish Ministers by section 53 of the Scotland Act 1998 (c. 46) but the Secretary of State retains a concurrent power to exercise them under section 57(1) of that Act. In so far as they are exercisable in relation to Wales, they were transferred to the National Assembly for Wales by article 2(a) of and Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 ( S.I. 1999/672 ) but the Ministers of the Crown responsible retained a concurrent power to exercise them under paragraph 5 of Schedule 3 to the Government of Wales Act 1998 (c. 38) ; that concurrent power became vested in the Secretary of State in consequence of the Food Standards Act 1999 (c. 28) , section 40 and Schedules 5 and 6, but subject to any power of the Minister of Agriculture, Fisheries and Food, saved by regulation 13 of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 ( S.I. 2000/656 ), to join in making regulations in relation to charges for inspection in relation to residues of veterinary products; that joint power was transferred to the Secretary of State by article 2(3) of the Ministry of Agriculture, Fisheries and Food Dissolution Order 2002.
OJ No.L23, 28.1.2000, p72.
S.I. 1997/2893 , amended by S.I. 1998/2880 , 2004/1697 .