Sixth update on applying EU feed and food controls regulation

The fifth update in December 2005 highlighted that revisions were being made to the national legislation applying the feed and food elements of EU Regulation 882/2004 on official controls. This update provides information on developments since then. It also provides information regarding the import of products of non-animal origin (non-POAO) originating in the ten Member States that joined the EU in May 2004.

The fifth update explained that changes to the Official Feed and Food Controls (England) Regulations 2005 (SI 2005/2626) were required, mainly as a consequence of the adoption of a number of new Commission Regulations which include transitional and implementing measures relating to Regulation 882/2004 (as well as to new EU legislation on food hygiene). These measures extend the period that certain official laboratories have to meet required European standards, and specify requirements for Member States regarding publication of lists of approved food business establishments. The measures will themselves be given effect at national level by means of administrative action rather than by legal instrument but the definitions of Community legislation used in the Statutory Instrument (SI) must be updated such that they refer to the new Commission Regulations.

The necessary revisions have now been made and the Official Feed and Food (England) Regulations 2006 (SI 2006/15) were laid before Parliament on 9 January 2006 and came into force on 11 January. The new SI revokes and replaces SI 2005/2626.

The remade Regulations also reflect changes in other domestic legislation that is referred to in SI 2005/2626. In addition, two policy issues that were raised after SI 2005/2626 was made have been addressed. Firstly, the right of food business operators to continue to use establishments pending appeal has been extended to decisions to refuse approval as well as to decisions to withdraw approval. Secondly, the definition of 'relevant feed law' has been corrected to include the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) (England) Regulations 2005. See the new Regulations on the Office of Public Sector Information (OPSI) website.

Revised Regulations have also been introduced in Northern Ireland by Statutory Rule (SR) 2006/2. In Scotland, the Official Feed and Food Controls (Scotland) Regulations 2005 (SSI 2005/616) came into force on 1 January 2006. The consequential amendments needed to give effect to the new Commission Regulations, which include transitional and implementing measures, were made through an amendment in the Food Hygiene (Scotland) Regulations 2006 (SSI 2006/3). As regards Wales, the Official Feed and Food Controls (Wales) Regulations 2005 came into force on 1 January 2006 and will be revised through a second set of Regulations that are expected to come into force in March 2006.

The Guidance Notes for feed and food businesses on the imports provisions of the national legislation (see the fifth update) are currently being updated to reflect the introduction of the new Regulations. The revised Guidance will be published on the FSA website in due course. Similarly, the guidance for enforcement officers on the imports provisions that is included in the Food Law Code of Practice and Practice Guidance is being amended and the revised documents will be published shortly. As regards feed imports, the guidance for officers in the draft Feed Law Code of Practice will be amended for inclusion in the final document.

Regulation 882/2004 includes requirements for official controls of non-POAO feed and food from third countries that is imported into the Community. The Regulation defines the terms 'import' and 'introduction' with reference to a list of Community territories (Annex I of the Regulation). This lists only the 15 Member States that made up the Community when the Regulation was adopted in April 2004. Where these terms are used in the national official control legislation they have the same meaning as in the EU Regulation. As the new Member States are not included, legally, feed and food from these Member States entering the rest of the Community should be dealt with as third country imports.

The European Commission is aware of this issue and believes that the Treaty of Accession effectively makes the necessary provision for new Member States without the need to amend Regulation 882/2004 itself. However, it will not be possible for the Commission to confirm this until it has definitive legal advice which it is currently awaiting. In the meantime, the Agency has issued advice to enforcement authorities that non-POAO feed and food entering the UK from the new Member States should be considered as intra-Community trade rather than as third country imports.

The Q and A Notes that the Agency has published on the requirements of Regulation 882/2004 has been updated to include this advice. See the revised Notes (pdf document).

The fifth update highlighted that the Agency is seeking comments from stakeholders on the draft Commission guidelines for preparing national control plans (see the fifth update). This consultation closes on 1 February. See the consultation package.

A full consultation on the UK's draft national control plan is expected to be launched in summer 2006.

If you require any further information, please contact either:
Catriona Stewart
tel: 020 7276 8498
email: catriona.stewart@foodstandards.gsi.gov.uk.

David Millis
tel: 020 7276 8424
email: david.millis@foodstandards.gsi.gov.uk.