Statutory Instruments
2008 No. 1287
Food, England
The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008
Made
13th May 2008
Laid before Parliament
20th May 2008
Coming into force
1st July 2008
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 1990( 1 ), and now vested in him( 2 ).
In accordance with section 48(4A) of that Act he has had regard to relevant advice given by the Food Standards Agency.
As 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 ), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Title, application and commencement
1. These Regulations may be cited as the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (England) Regulations 2008, apply in relation to England only and come into force on 1st July 2008.
Interpretation
2. —(1) In these Regulations —
“the Act” means the Food Safety Act;
“the Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)( 4 );
“the Commission Regulation” means Commission Regulation (EC) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of on the protection of designations used in the marketing of Council Regulation (EEC) No. 1898/87 milk and milk products( 5 );
F1 ...
“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);
[F2 “Regulation ( EU ) 2013” means [F3Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products F3]F4 , as amended from time to time F2]
“sell” includes possess for sale, and offer, expose or advertise for sale;
“sell by retail” means to sell to a person who is not buying for the purpose of re-sale;
[F5 “ specified provision ” means a provision referred to in regulation 6(2). F5]
F6 ...
F6 ...
(2) Other expressions used in these Regulations and in the Council Regulation[F7 Regulation ( EU ) 2013 F7] or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation[F7 Regulation ( EU ) 2013 F7] or the Commission Regulation.
Exemptions from these Regulations
F83. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Vitamin content of margarine
F94. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement
5. Each food authority in its area shall execute and enforce the [F10 specified F10] provisions and these Regulations.
Offences and penalty
6.[F11—(1) Any person who contravenes, or fails to comply with, a specified provision is guilty of an offence and liable on summary conviction to a fine. F11]
(2) The [F12 specified F12] provisions are —
(a) Article 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with [F13 Part III of Annex VII to Regulation ( EU ) 2013 F13] ;
(b) Article 115 of the Council Regulation (marketing standards applying to spreadable fats, including compositional criteria for reserved descriptions), as read with —
[F14 (i) points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council RegulationF14]
(ii) Article 1 of and Annex I to the Commission Regulation, or
(iii) Article 2 of and Annex II to the Commission Regulation; and
[F15 (ba) Articles 75(1)(h) and 78(1) and (2) of Regulation ( EU ) 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to that Regulation F15]
(c) Article 3 of the Commission Regulation (requirements relating to the use of the designation “butter” for composite products) as read with Annex III to that Regulation.
Application of various provisions of the Act
7. —(1) The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations —
(a) section 2 (extended meaning of “sale” etc );
(b) section 3 (presumptions that food intended for human consumption);
(c) section 20 (offences due to fault of another person);
(d) section 21 (defence of due diligence), as it applies for the purposes of section 14 or 15;
(e) section 22 (defence of publication in the course of a business);
(f) section 30(8) (which relates to documentary evidence);
(g) section 33 (obstruction of officers);
(h) section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);
(i) section 36 (offences by bodies corporate); and
(j) section 36A (offences by Scottish partnerships).
(2)Section 44 (protection of officers acting in good faith) of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference to the Act in that section shall be construed for the purposes of these Regulations as including a reference to the [F16 specified F16] provisions.
Revocations
8. The following instruments are revoked —
(a) The Milk and Milk Products (Protection of Designations) Regulations 1990( 6 ), in so far as they apply in relation to England;
(b) The Spreadable Fats (Marketing Standards) (England) Regulations 1999( 7 );
(c) The Spreadable Fats (Marketing Standards) (England) (Amendment) Regulations 2007( 8 ).
Signed by Authority of the Secretary of State for Health.
Dawn Primarolo
Minister of State,
Department of Health
1990 c. 16 . Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990 . Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 ( 1999 c.28 ), “the 1999Act”. Section 48 was also amended by S.I. 2004/2990 . Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 ( 1994 c.40 ), Schedule 6 to the 1999 Act 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 1999 Act. Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32) . 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 Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3).
OJ No. L299, 16.11.2007, p.1. There are amendments to this Regulation but none are relevant to this instrument.
OJ No. L106, 24.4.2007, p.24.
S.I. 1990/607 , as amended by S.I. 1990/2486 .