Agriculture, England Title and commencement 1 These Regulations may be cited as the Official Feed and Food Controls (England) (Miscellaneous Amendments) Regulations 2019 and come into force on 14th December 2019. Amendment of the Official Feed and Food Controls (England) Regulations 2009 2 The Official Feed and Food Controls (England) Regulations 2009 are amended as follows. 3 In regulation 2 (interpretation)— a in paragraph (1)— i in the definition “competent authority”, for “Regulation 882/2004” substitute “Regulation 2017/625”; ii for the definition that begins “Directive 2004/41” substitute— “Decision 2007/275”, “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666” ; iii for the definition “the Import Provisions” substitute— “the Import Provisions” means Part 3 of these Regulations, Title 2 Chapter 5 of Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to product as defined in regulation 22; ; iv in the definition of “the Official Control Regulations”, for “Regulation 882/2004” substitute “Regulation 2017/625 and the Regulation 2017/625 package”; v after the definition “primary production” insert— ”the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”; ; b in paragraph (3), for “Regulation 882/2004 or Regulation 669/2009” substitute “Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package” in both places it occurs. 4 In regulation 3 (competent authorities)— a in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”; b in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”; c omit paragraph (5); d in paragraph (6), for “Article 31(2) of Regulation 882/2004, the designation shall extend, as regards Article 31(2)(a) to (e)” substitute “Article 148 of Regulation 2017/625, the designation extends”. 5 In regulation 4 (exchanging and providing information)— a in paragraph (1), for “Regulation 882/2004” substitute “Regulation 2017/625”; b in paragraph (5), for “Regulation 882/2004” substitute “Regulation 2017/625”. 6 In regulation 5 (obtaining information)— a in paragraph (1)— i for “control body” substitute “delegated body” in each place it occurs; ii for “Regulation 882/2004” substitute “Regulation 2017/625”; b in paragraph (4), for “control body” substitute “delegated body” in both places it occurs. 7 In regulation 6 (power to issue codes of recommended practice)— a in paragraph (1)(a), for “Regulation 882/2004” substitute “Regulation 2017/625”; b in paragraph (3), for “Regulation 882/2004” substitute “Regulation 2017/625”. 8 In regulation 12 (right of appeal), in paragraph (1)— a in sub-paragraph (a), for “Article 31(2)(c) of Regulation 882/2004 (approval)” substitute “Article 148(3) of Regulation 2017/625 (approval)”; b in sub-paragraph (b), for “Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval)” substitute “Article 148(4) of Regulation 2017/625 (conditional approval and full approval)”; c in sub-paragraph (c), for “Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval)” substitute “Article 138(2)(j) of Regulation 2017/625 (suspension or withdrawal of approval)”. 9 In regulation 14 (staff of competent authority of another member State), for “Article 36 of Regulation 882/2004” substitute “Article 104(3) of Regulation 2017/625”. 10 In regulation 15 (Commission experts), in paragraph (1)— a for “to enable that expert” substitute “and a national expert, appointed for the purposes of Article 116(4) of Regulation 2017/625, to accompany and enable the Commission expert”; b for “Article 45 of Regulation 882/2004” substitute “Article 116 of Regulation 2017/625”. 11 In regulation 17 (execution and enforcement)— a in paragraph (1), for “control body” substitute “delegated body”; b in paragraph (5)(b), after “Commission expert” insert “and, where relevant, a national expert”. 12 In regulation 22 (interpretation of this Part of these Regulations)— a for the definition “product” substitute— “product” means feed and food whose import is regulated by Article 44 of Regulation 2017/625 and includes those composite products and foodstuffs which are not required to be subject to veterinary checks as provided in Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC ; ; b in the definition “the relevant territories” for “Regulation 882/2004” substitute “Regulation 2017/625”; c for the definition “specified import provision” substitute— “specified import provision” means any provision of Regulation 2017/625 or the Regulation 2017/625 package that is specified in column 1 of Schedule 6 and whose subject-matter is described in column 2 of that Schedule. . 13 In regulation 23 (feed enforcement responsibilities and competent authority status)— a in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”; b omit paragraph (4). 14 In regulation 24 (food enforcement responsibilities and competent authority status)— a in paragraph (2), for “Regulation 669/2009, apart from Article 19” substitute “Regulation 2019/1793”; b omit paragraph (4). 15 In regulation 25 (functions of the Commissioners), for “customs services under Article 24 of Regulation 882/2004 and Article 10 of Regulation 669/2009” substitute “customs authorities under Articles 46, 57, 75 and 76 of Regulation 2017/625 and Article 4 of Regulation 2019/1793”. 16 In regulation 27 (deferred execution and enforcement), in paragraph (6), for “Article 15(5) of Regulation 882/2004” substitute “Article 47(1)(d) and (2)(b) and Article 54(4) of Regulation 2017/625”. 17 In regulation 29 (checks on products), in each place it occurs for “Article 16 of Regulation 882/2004” substitute “Articles 34(5) and (6), 44(2) and 45(1), (2) and (4) of Regulation 2017/625”. 18 For regulation 30 (suspension of designation of points of entry) substitute— Withdrawal and suspension of border control posts 30 1 Where the Agency is satisfied that a border control post has ceased to comply with the requirements referred to in Article 64 of Regulation 2017/625 and Regulation 2019/1014 it may withdraw the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect. 2 Where the Agency is satisfied that the conditions referred to in Article 63(1) of Regulation 2017/625 apply it must suspend the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect and if there is a serious risk to human or animal health the suspension is to take immediate effect. 3 Upon service of a notice under paragraph (2), the border control post will cease to be a designated border control post to the extent specified in that notice until the suspension is removed by service by the Agency on the operator of the border control post of a written notice to that effect. 4 Where the Agency is satisfied that it is reasonable to withdraw or suspend the designation for reasons other than those referred to in paragraphs (1) and (2) it may do so for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect. . 19 In regulation 31 (detention, destruction, special treatment, re-dispatch and other appropriate measures and costs)— a in paragraph 1 for “Articles 18 to 21 and 24(3) of Regulation 882/2004” substitute “Articles 46, 65 to 69 and 71 and 72 of Regulation 2017/625”; b for paragraph 2 substitute— 2 The measures taken by the enforcement authority under Articles 66, 67 and 69 of Regulation 2017/625 pursuant to paragraph (1) are applied at the expense of the operator responsible for the consignment. . 20 For regulation 32 (notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)) substitute— Notices in relation to imports of feed and food from third countries 32 1 If an authorised officer of an enforcement authority proposes to place a consignment of feed or food under official detention under Article 65, 66 or 67 of Regulation 2017/625 the officer must serve a notice to that effect on the operator responsible for it. 2 Before ordering the operator to take action in accordance with Article 66(3)(a), (b) or (c), the enforcement officer must hear that operator as provided in the fourth subparagraph of Article 66(3) of Regulation 2017/625 unless immediate action is necessary. 3 If an authorised officer of an enforcement authority proposes to take any of the measures referred to in Article 66 and 67 of Regulation 2017/625 in respect of a consignment of feed or food the officer must serve a notice to that effect on the operator responsible for it. . 21 For regulation 36 (costs and fees) substitute— Costs and fees 36 1 The costs incurred by the enforcement authority in taking the measures for which the operator is liable under Articles 66, 67 and 69 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority. 2 The costs of official controls and other activities as referred to in Article 80 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority. . 22 In regulation 41 (offences and penalties)— a for paragraph (1)(b), substitute— b contravenes or fails to comply with— i paragraph (3) of regulation 26; or ii paragraph (5) of regulation 27 or paragraph (4) or (5) of regulation 35; ; b in paragraph (2), for “Subject to paragraph (3)” substitute “Subject to paragraphs (3) and (4)”; c after paragraph (3), insert— 4 A person guilty of an offence under paragraph (1)(a) or paragraph (1)(b)(i) is liable on either summary conviction or conviction on indictment to a fine. . 23 Omit regulation 43 (expenses arising from additional official controls). 24 Omit regulation 44 (expenses arising in respect of co-ordinated assistance and follow-up by the Commission). 25 For Schedule 1 (definitions of EU legislation) substitute the Schedule that is set out in Schedule 1 to these Regulations. 26 For Schedule 4 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant feed law) substitute the Schedule that is set out in Schedule 2 to these Regulations. 27 For Schedule 5 (competent authorities for the purposes of certain provisions of Regulation 882/2004 in so far as they apply in relation to relevant food law) substitute the Schedule that is set out in Schedule 3 to these Regulations. 28 For Schedule 6 (specified import provisions) substitute the Schedule that is set out in Schedule 4 to these Regulations. Amendment of the Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 29 The Plastic Kitchenware (Conditions on Imports from China) (England) Regulations 2011 are amended as follows. 30 In regulation 7 (expenses arising from official controls)— a in paragraph (1), for “Article 27(1) of Regulation 882/2004” substitute “Article 80 of Regulation 2017/625”; b in paragraph (2), for “Article 54(5) of Regulation 882/2004” substitute “Article 138(4) of Regulation 2017/625”; c for paragraph (3) substitute— 3 In paragraph (1) and (2) and in regulation 8(3), “Regulation 2017/625” means Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products, amending Regulations (EC) No. 999/2001 , (EC) No. 396/2005 , (EC) No. 1069/2009 , (EC) No. 1107/2009 , (EU) No. 1151/2012, (EU) No. 652/2014, (EU) 2016/429 and (EU) 2016/2031 of the European Parliament and of the Council, Council Regulations (EC) No. 1/2005 and (EC) No. 1099/2009 and Council Directives 98/58/EC , 1999/74/EC , 2007/43/EC , 2008/119/EC and 2008/120/EC , and repealing Regulations (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council, Council Directives 89/608/EEC , 89/662/EEC , 90/425/EEC , 91/496/EEC , 96/23/EC , 96/93/EC and 97/78/EC and Council Decision 92/438/EEC (Official Controls Regulation). . 31 In regulation 8 (notices and actions in the case of non-compliance), in paragraph (3)(b), for “Article 54(2) and (5) of Regulation 882/2004” substitute “Article 138(2) and (4) of Regulation 2017/625”. 32 Omit regulation 10 (suspension of designation of first point of introduction). Amendment of the Food Safety and Hygiene (England) Regulations 2013 33 The Food Safety and Hygiene (England) Regulations 2013 are amended as follows. 34 In regulation 2 (interpretation)— a in paragraph (1)— i for the definition “the EU Hygiene Regulations” substitute— ”the EU Hygiene Regulations” mean Regulation 852/2004, Regulation 853/2004, Regulation 2073/2005, Regulation 2015/1375, Regulation 2017/185 and Regulation 2017/625 and the Regulation 2017/625 package insofar as it and they apply to food; ; ii for the definition that begins “Decision 2006/766” substitute— “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 931/2011”, “Regulation 1169/2011”, “Regulation 28/2012”, “Regulation 208/2013”, “Regulation 210/2013”, “Regulation 579/2014”, “Regulation 2015/1375”, “Regulation 2017/185”, “Regulation 2017/625”, “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”; ; iii after the definition “premises” insert— ”the Regulation 2017/625 package” means “Regulation 2018/329”, “Regulation 2019/66”, “Regulation 2019/530”, “Regulation 2019/626”, “Regulation 2019/627”, “Regulation 2019/628”, “Regulation 2019/723”, “Regulation 2019/1013”, “Regulation 2019/1014”, “Regulation 2019/1715”, “Regulation 2019/1793”, “Regulation 2019/1873”, “Regulation 2018/631”, “Regulation 2019/478”, “Regulation 2019/624”, “Regulation 2019/625”, “Regulation 2019/1012”, “Regulation 2019/1081”, “Regulation 2019/1602” and “Regulation 2019/1666”; ; b in paragraph (6) omit “any annex to it may be”. 35 In regulation 5 (enforcement authorities), in paragraph (9)— a in the definition “cutting plant” in sub-paragraph (a), for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”; b in the definition “game handling establishment”, in sub-paragraph (a) for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”; c in the definition “slaughterhouse”, in sub-paragraph (a) for “Article 31(2) of Regulation 882/2004” substitute “Article 148 of Regulation 2017/625”. 36 For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 5 to these Regulations. 37 In Schedule 7 (derogations relating to low throughput establishments), in paragraph 1(e), for “under Article 5 of Regulation 854/2004 as read with point 1 of Part C of Chapter IX of Section IV of Annex I to that Regulation, require that examination for Trichinosis takes place at the slaughterhouse” substitute “under Article 18(2) of Regulation 2017/625 as read with Article 31 of Regulation 2019/627, require that examination for Trichinella takes place in accordance with Article 2 of Regulation 2015/1375”. Amendment of the Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015 38 The Animal Feed (Hygiene, Sampling etc and Enforcement) (England) Regulations 2015 are amended as follows. 39 In regulation 15 (procedure relating to samples for analysis)— a for paragraph (1)(c) substitute— c send another part to— i the person on whose premises the material was sampled or to that person’s agent; or ii the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent; ; b for paragraph (4) (a) and (b) substitute— a the person on whose premises the material was sampled or that person’s agent; b the person who offered the material for sale by means of distance communication if the material was ordered from such a person or to that person’s agent; and c if part of the sample was sent under paragraph (2), to the person to whom that part was sent. . 40 In regulation 33 (liability for expenditure)— a in paragraph (1), for “Article 54(5) (action in the case of non-compliance) of Regulation 882/2004” substitute “Article 138(4) (action in the case of non-compliance) of Regulation 2017/625”; b omit paragraph (2). Review 41 1 The Food Standards Agency must from time to time— a carry out a review of the operation and effect of these Regulations; b set out the conclusions of the review in a report; and c publish the report. 2 The report must in particular— a set out the objectives intended to be achieved by the regulatory provisions made by these Regulations; b assess the extent to which those objectives are achieved; and c assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation. 3 The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force. 4 Reports under this regulation are afterwards to be published at intervals not exceeding five years. Signed by the authority of the Secretary of State for Health and Social Care. Jo Churchill Parliamentary Under Secretary of State, Department of Health and Social Care 22nd November 2019