Statutory Instruments
2005 No. 2969
FOOD, ENGLAND
The Food Labelling (Amendment) (England) (No. 2) (Amendment) Regulations 2005
Made
24th October 2005
Laid before Parliament
28th October 2005
Coming into force
24th November 2005
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990( 1 ) and now vested in her( 2 ).
She has had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) of that Act.
There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation 3 ) 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.
Title and commencement
1. These Regulations may be cited as the Food Labelling (Amendment) (England) (No. 2) (Amendment) Regulations 2005; they come into force on 24th November 2005.
Amendment of the Food Labelling (Amendment) (England) (No. 2) Regulations 2005
2.The Food Labelling (Amendment) (England) (No. 2) Regulations 2005( 4 ) shall be amended in accordance with regulations 3 and 4.
3. In regulation 3 (amendment of definition of “Directive regulation 2(1) of the Food Labelling Regulations 1996( 5 )) there shall be inserted at the end the words “which was itself amended by Commission Directive 6 )”.
4. In the Schedule, in the text of the new Schedule 2A to be inserted in the Food Labelling Regulations 1996 (list of ingredients which originate from allergenic ingredients and in respect of which the allergen labelling requirements do not apply) in column 2 for the words “Fish gelatine used as carrier for vitamins and flavours” there shall be substituted the words “Fish gelatine used as a carrier for vitamin or carotenoid preparations and flavours”.
Signed by authority of the Secretary of State for Health
Caroline Flint
Parliamentary Under Secretary of State,
Department of Health
24th October 2005
1990 c. 16 ; section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990 ; section 53(2) was amended by Schedule 6 to the Food Standards Act 1999 ( 1999 c. 28) and S.I. 2004/2990 .
Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 and paragraphs 12 and 21 of that Schedule amend respectively sections 17(1) and 48 of the 1990 Act. Section 48 was also amended by S.I. 2004/2990 . Functions of “the Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ) as read with section 40(3) of the 1999 Act and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 ( 1998 c. 46) as read with section 40(2) of the 1999 Act.
OJ No. L31, 1.2.2002, p. 1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4).
S.I. 2005/2057 .
S.I. 1996/1499 ; the relevant amending instruments are S.I. 1998/1398 , 2000/2254 , 2003/2647 , 2004/2824 , 2005/2057 .
OJ No. L258, 4.10.2005, p.3.