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
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.
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.
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;
“ the EC Regulation ” means Regulation food enzymes and amending Council Directive
“ 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 —
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
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
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Enforcement and competent authorities
4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Application of various sections of the Food Safety Act 1990
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Condemnation of Food
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Food Labelling Regulations
7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Caseins and Caseinates Regulations 1985
8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Fruit Juices and Fruit Nectars (England) Regulations 2003
9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Novel Food and Novel Food Ingredients Regulations 1997
10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Amendment of the Spirit Drinks Regulations 2008
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 .
Signed by authority of the Secretary of State for Health
Gillian Merron
Minister of State,
Department of Health