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Statutory Instruments

2009 No. 3235

Food

The Food Enzymes Regulations 2009

Made

7th December 2009

Laid before Parliament

11th December 2009

Coming into force

20th January 2010

M1,M2 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1) and (3), and 48(1) of the Food Safety Act 1990 , (the 1990 Act) and now vested in him .

In accordance with section 48(4A) of the 1990 Act, he has had regard to relevant advice given by the Food Standards Agency.

M3,M4 In so far as these Regulations cannot be made under the powers in the 1990 Act cited above, the Secretary of State makes these Regulations as a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the description of, and other requirements relating to, spirit drinks.

M5 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 , there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, commencement and extent

1. —(1) These Regulations may be cited as the Food Enzymes Regulations 2009 and come into force on 20th January 2010.

(2) Regulations 1 and 11 extend to the United Kingdom and regulations 2 to 10 apply in relation to England only.

Interpretation

2. —(1) In these Regulations —

“ the Act ” means the Food Safety Act 1990 ;

M6 “ the EC Regulation ” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC , Council Regulation (EC) No 1493/1999 , Directive 2000/13/EC , Council Directive 2001/112/EC and Regulation (EC) No 258/97 ;

“ food authority ” does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;

“ port health authority ” means —

(a)

M7 in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.

(2) Any other expression used in these Regulations and in the EC Regulation has the same meaning in these Regulations as it bears in the EC Regulation.

(3) Unless indicated otherwise, any reference to a numbered Article is a reference to the Article so numbered in the EC Regulation.

Offences, penalties and savings

F1 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement and competent authorities

F2 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of various sections of the Food Safety Act 1990

F3 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Condemnation of Food

F4 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Food Labelling Regulations

F5 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Caseins and Caseinates Regulations 1985

F6 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003

F7 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Novel Food and Novel Food Ingredients Regulations 1997

F8 10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Spirit Drinks Regulations 2008

M8 11. In the table in Part 2 of Schedule 2 to the Spirit Drinks Regulations 2008 , at the end of the entry in column 2 that appears opposite the entry “Article 9(9)” in column 1, add the words “ as last amended by Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes ” .

Signed by authority of the Secretary of State for Health

Gillian Merron

Minister of State,

Department of Health

Status: There are currently no known outstanding effects for the The Food Enzymes Regulations 2009.
The Food Enzymes Regulations 2009 (2009/3235)
Version from: 1 January 2024

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 3 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210) , reg. 1 , Sch. 5
F2 Reg. 4 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210) , reg. 1 , Sch. 5
F3 Reg. 5 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210) , reg. 1 , Sch. 5
F4 Reg. 6 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210) , reg. 1 , Sch. 5
F5 Reg. 7 revoked (13.12.2014) by The Food Information Regulations 2014 (S.I. 2014/1855) , reg. 1(5) , Sch. 6 Pt. 1 Entry 25
F6 Reg. 8 revoked (31.10.2013) by The Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (S.I. 2013/2210) , reg. 1 , Sch. 5
F7 Reg. 9 revoked (20.11.2013) by The Fruit Juices and Fruit Nectars (England) Regulations 2013 (S.I. 2013/2775) , regs. 1(2) , 20(2)
F8 Reg. 10 revoked (1.1.2024) by Retained EU Law (Revocation and Reform) Act 2023 (c. 28) , ss. 1(1) , 22(3) , Sch. 1 Pt. 1 (with s. 1(3) (4) ); S.I. 2023/1363 , reg. 2 this amendment (text ) should be read in conjunction with other related provisions, see the commentary.
M1 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 1999 Act”. 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, S.I. 2004/2990 and S.I. 2004/3279 .
M2 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 (1999 c. 28) . 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 (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.
M3 S.I. 1989/1327 , to which there are amendments not relevant to these Regulations.
M4 1972 c.68 .
M5 OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14).
M6 OJ No. L.354, 31.12.2008, p.7.
M7 1984 c. 22 .
M8 S.I. 2008/3206 .
Defined Term Section/Article ID Scope of Application
food authority reg. 2. def_d38c8ba5ba
port health authority reg. 2. def_d0779b3d31
the Act reg. 2. def_92b791bf00
the EC Regulation reg. 2. def_b67b6c6307

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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