Retained EU Law to be sunset or revoked by 31 December 2023
Retained EU law relevant to the FSA which will be revoked following the UK’s exit from the EU.
In line with the publication of the government's revocation schedule, the FSA has identified the below retained EU laws (REUL) to be revoked.
The UK Government has also published a statement announcing a change in approach to the REUL Bill.
We have reviewed these laws in detail and are confident that removing them will not impact food safety or standards.
To find out more about the FSA’s approach to REUL, please read the most recent Chief Executive’s Report to the FSA Board.
The FSA has identified eight pieces of REUL that are no longer required to be kept in UK law. These regulations are known as Statutory Instruments (SIs).
Table of Retained EU Law for which the FSA is responsible, to be revoked
| Retained EU law (REUL) | Purpose of REUL | Reason for, or benefit of approach? |
|---|---|---|
| Food (Revision of Penalties) Regulations 1982 (S.I. 1982/1727) | These Regulations amended a large number of regulations and orders relating to food so as to alter the penalties for offences against those regulations and orders. They also altered the mode of trial for prosecution of such offences in many cases. Apart from an amendment of one Northern Ireland instrument, the amendments extended to England and Wales only. |
These Regulations are inoperable. All of the legislation amended by this SI has previously been revoked, including the NI provision, for example: - The Arsenic in Food Regulations 1959 Therefore, this SI can now also be revoked. |
| Food (Revision of Penalties) Regulations 1985 (S.I. 1985/67) | These Regulations amended a large number of regulations and orders relating to food so as to alter the penalties for offences against those regulations and orders. The amendments extended to England and Wales only. |
These Regulations are inoperable. All of the legislation amended by this SI has previously been revoked, for example: - The Public Health (Imported Milk) Regulations 1926 Therefore, this SI can now also be revoked. |
| Meat (Enhanced Enforcement Powers) (England) Regulations 2000 (S.I. 2000/225) | These Regulations (which apply to England only) amended various meat-related regulations to provide enhanced enforcement powers in order to implement, in part, various EU Directives. |
These Regulations are inoperable. All of the regulations amended by SI 2000/225 have previously been revoked and replaced including: - the Fresh Meat (Hygiene and Inspection) Regulations 1995; Therefore, this SI can now also be revoked. |
| Meat (Disease Control) (England) Regulations 2000 (S.I.2000/2215) | These Regulations implemented in England various harmonised EU provisions relating to disease control, through amendment of the various relevant England legislation in force at the time. The Regulations also introduced a number of other necessary consequential amendments in England. |
These Amending Regulations are inoperable. All of the legislation amended has since been revoked, including: Therefore, this SI can now also be revoked. |
| Food Enzymes Regulations 2009 (S.I. 2009/3235) Regulation 10 | These Regulations provide for the execution and enforcement in England of Regulation (EC) No. 1332/2008 of the European Parliament and of the Council on food enzymes | These Regulations have been superseded. The operative provisions of the SIs were revoked and replaced by the Food Additives, Flavourings, Enzymes and Extraction Solvents (England) Regulations 2013 (SI/2013/2210) and equivalent SIs in Wales, NI and Scotland. The equivalent legislation in NI and Wales was fully revoked in 2017. |
| Food Additives (England) Regulations 2009 (S.I.2009/3238) |
These Regulations provided for the execution and enforcement in relation to England of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives and give effect in England to Commission Directive 2009/10/EC laying down specific purity criteria on food additives other than colours and sweeteners. |
These Regulations have been superseded. The operative provisions of this SI have been revoked and replaced, and the only provisions still in force perform no function: regulation 19 amends an instrument that is still in force, but that amendment was superseded by a subsequent amendment made by S.I. 2019/526. This is also the case for the equivalent legislation in Wales and NI, where the amendment to the Specified Sugar Products Regulations in Wales and NI were superseded in 2018 and 2019 respectively. |
| Foodstuffs Suitable for People Intolerant to Gluten (England) Regulations 2010 (S.I. 2010/2281) | These Regulations provided for the execution and enforcement in England of Commission Regulation (EC) No. 41/2009 concerning the composition and labelling of foodstuffs suitable for people intolerant to gluten - in particular as regards the use of the terms “very low gluten” and “gluten-free”. | These Regulations are inoperable. It enforced EU Regulation 41/2009, which was repealed by the EU in 2016 (and replaced by EU Regulation 828/2014, which is being preserved). The equivalent domestic enforcement legislation in Wales, Scotland and NI was revoked and replaced in 2016. |
| Flavourings in Food (England) Regulations 2010 (S.I.2010/2817) | These Regulations provided for the execution and enforcement in England of Regulation (EC) No.1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods, and amending Council Regulation (EEC) No. 1601/91, Regulations (EC) No.2232/96 and (EC) No. 110/2008 and Directive 2000/13/EC (OJ No. L354, 31.12.2008, p.34) (“the EU Regulation”). | This legislation has been superseded. The operative provisions of this SI have been previously revoked and replaced, and the only provisions still in force perform no function. The equivalent legislation in Wales and NI was fully revoked in 2018 and 2019 respectively . |