The Official Feed and Food Controls (England) Regulations 2009

PART 1U.K.PRELIMINARY

Title, commencement and applicationU.K.

1.  These Regulations —

(a)may be cited as the Official Feed and Food Controls (England) Regulations 2009;

(b)come into force on 25th January 2010; and

(c)apply in relation to England only.

InterpretationU.K.

2.—(1) In these Regulations —

“the Act” means the Food Safety Act 1990 M1;

“the Agency” means the Food Standards Agency;

“authorised officer” —

“competent authority” means, other than in regulations 23 and 24, an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of [F1Regulation 2017/625];

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

“feed authority” means the authority required by section 67(1) of the Agriculture Act 1970 M2 to enforce that Act within its area or district as the case may be;

“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);

[F3“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;]

“the Official Control Regulations” means these Regulations and [F4Regulation 2017/625 and the Regulation 2017/625 package];

“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

“primary production” has the meaning it bears in Regulation 852/2004;

[F5“the Regulation 2017/625 package” means Regulation 2017/625 and the EU Regulations listed below the heading “The Regulation 2017/625 package” in Schedule 1;]

“relevant enforcement authority” means a body which, by virtue of regulation 17, is made responsible for executing and enforcing any provision of Part 2 of these Regulations;

“relevant feed law” has the meaning given to it in Schedule 2; and

“relevant food law” has the meaning given to it in Schedule 3.

[F6(1A) Any reference in these Regulations to Decisions, Directives or Regulations referred to in Schedule 1 have the meanings respectively given to them in that Schedule.]

(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.

(3) Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002, [F7Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package] has the meaning it bears in Regulation 178/2002, [F7Regulation 2017/625 or any of the EU Regulations in the Regulation 2017/625 package] as the case may be.

(4) Where any functions under the Act are assigned—

(a)by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984 M3, to a port health authority;

(b)by an order under section 6 of the Public Health Act 1936 M4, to a joint board for a united district; or

(c)by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985 M5, to a single authority for a metropolitan county,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(5) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.