Food Law News - UK - 2008

FSA Consultation Letter (LSB 413), 12 March 2008

SPREADABLE FATS - Changes to domestic legislation in light of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)

For a copy of the consultation letter, and the draft SI, go to: Spreadable Fats Consultation

Council Regulation (EC) No 1234/2007 revises a number of specific commodity regulations and its creation forms part of a wider simplification and streamlining exercise of the Common Agricultural Policy (CAP)1.

The new Regulation applies to all agricultural products that are covered by Common Market Organisations (CMOs)2, and so includes rules on Dairy Designations and Spreadable Fats.

From 1 July 2008, Council Regulations 1898/87 (on the protection of designations used in the marketing of milk and milk products) and 2991/94 (laying down standards for spreadable fats) will be repealed and Regulation 1234/2007 will apply from that date. As a result, it is necessary for national legislation to be updated and amended accordingly.

The Agency intends to revoke the following two pieces of legislation:

with a view to consolidating them both into a single piece of legislation that will be called: The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) ( England ) Regulations 2008. Similar legislation will apply in Scotland , Wales and Northern Ireland . It is intended that the new legislation will be in place by 1 July 2008.

The amending legislation will simply update any references from Council Regulations 1898/87 and 2991/94 to the new Council Regulation 1234/2007, and in our view will not result in any substantive changes. Therefore the Agency does not intend to hold a full formal consultation on the new SI or to produce an Impact Assessment (IA).

If, however, you believe that this new SI will result in a significant change, requiring a full consultation or IA, or if you consider that the draft SI does not accurately or effectively enforce the requirements of the new Council Regulation, we would welcome your comments and supporting evidence by 9 April 2008.

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