The Genetically Modified Food (England) Regulations 2004 © Crown Copyright 2004 Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Genetically Modified Food (England) Regulations 2004, ISBN 0110497996. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Secretary of State, in exercise of the powers conferred on him by sections 16(1)(a), (e) and (f), 17(2), 18(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990[1] and now vested in him[2], and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation both 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] and in accordance with section 48(4) and (4B) of that Act, makes the following Regulations: Title, commencement and application 1. These Regulations -
(b) shall come into force on 4th October 2004; and (c) shall apply in relation to England only.
Interpretation
(b) the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
(2) In these Regulations -
(b) any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations; (c) any reference to a Schedule is a reference to the Schedule to these Regulations.
(3) Other expressions used in these Regulations and in Regulation 1829/2003 have the same meanings in these Regulations as in Regulation 1829/2003.
(b) on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
(2) Any person who, after the date on which these Regulations come into force, contravenes or fails to comply with any of the specified Community provisions referred to in Part II of the Schedule shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
(b) section 20 (offences due to the fault of another person); (c) section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of that Act; (d) section 22 (defence of publication in the course of business); (e) section 30(8) (which relates to documentary evidence); (f) section 33(1) (obstruction, etc. of officers); (g) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection 1(b) above" shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f); (h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f); (i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g); (j) section 36 (offences by bodies corporate); and (k) section 44 (protection of officers acting in good faith).
(2) Section 34 (time limit for prosecutions) shall apply to offences under regulation 5 as it applies to offences punishable under section 35(2) of the Act.
(2) Section 9 of the Act shall apply for the purposes of these Regulations as if it read as follows -
(b) is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market;
and subsections (2) to (9) below shall apply where it appears to the authorised officer, taking account of all the information available to him, that the placing on the market of any food fails to comply with a specified Community provision.
(ii) either is not to be removed or is not to be removed except to some place specified in the notice; or
(b) seize the food and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.
(b) if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
(4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and -
(b) that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence in relation to that food.
(5) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with a specified Community provision then subject to subsection (6) below he shall condemn the food and order -
(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the operator.
(6) In the case of a food referred to in Article 3.1 which is the subject of an authorisation granted under Regulation 1829/2003 and has been produced in accordance with any conditions relating to that authorisation but does not bear the appropriate labelling as required by Article 13 the justice of the peace may, at his discretion, order -
(b) the release of the food into the custody of the operator.
(7) If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it or to make an order for the proper labelling of the food, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
Revocation
(b) in the Schedule, after item 6, there shall be inserted in the first column: "6A. Article 8.1" and in the second column: "Requirement that labelling inform the final consumer of any characteristic or food property which renders a novel food or food ingredient no longer equivalent to an existing food or food ingredient.".
(2) In the Food (Provisions Relating to Labelling) (England) Regulations 2003[8], regulation 8 is hereby revoked.
(This note is not part of the Regulations) These Regulations, which apply to England, provide for the enforcement and execution of certain specified provisions (relating to food) of Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed (OJ No. L268, 18.10.2003, p.1). Separate Regulations make provision for the enforcement of those provisions of Regulation (EC) No. 1829/2003 relating to animal feed. In particular these Regulations -
(b) provide for food authorities to enforce the provisions of these Regulations and Chapter II of Regulation (EC) No. 1829/2003 (regulation 4); (c) establish penalties for failing to comply with certain specified provisions of Regulation (EC) No. 1829/2003, once the Regulations are in force (regulation 5 and the Schedule); (d) apply various provisions of the Food Safety Act 1990 with some modifications in their application for the purposes of these Regulations (regulations 6 and 7); (e) revoke the Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000 (regulation 8); (f) make consequential amendments to the Novel Foods and Novel Food Ingredients Regulations 1997 and to the Food (Provisions Relating to Labelling) (England) Regulations 2003 (regulation 9).
A Regulatory Impact Assessment has been prepared and placed in the Library of each House of Parliament. Copies may be obtained from the Novel Foods, Food Supplements and Additives Division of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH. Notes: [1] 1990 c. 16.back [2] 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 paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraphs 12 and 21 of that Schedule amend sections 17(1) and 48 of the Food Safety Act 1990. 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. Regulation 13(4) of the Food Standards Act 1999 (Transitional and Consequential Provisions and Savings) (England and Wales) Regulations 2000 (S.I. 2000/656) expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.back [3] OJ No. L31, 1.2.2002, p.1.back [4] OJ No. L268, 18.10.2003, p.1.back [5] Whose address in England is Aviation House, 125 Kingsway, London WC2B 6NH.back [7] S.I. 1997/1335 as amended by S.I. 1999/1756, S.I. 1999/3182, S.I. 2000/253, S.I. 2000/656, S.I. 2000/768.back
ISBN 0 11 049799 6
|
|
| ||
| We welcome your comments on this site | © Crown copyright 2004 | Prepared 13 September 2004 |