FSA Consultation, 10 April 2013
This consultation will provide interested parties with the opportunity to comment and express their opinion on the proposed Contaminants in Food (England) Regulations 2013. Responses are requested by: 5 July 2013
Who will this consultation be of most interest to?
Manufacturers and food business operators involved in the placing foods on the market, including importers, distributors, wholesalers and retailers, plus enforcement bodies and consumer organisations.
What is the subject of this consultation?
The proposed Contaminants in Food (England) Regulations 2013 will revoke the Contaminants in Food (England) Regulations 2010 and remake them with necessary amendments taking into account the provisions of Commission Regulations (EU). No 1258/2011 regarding maximum levels for nitrate in foodstuffs and Regulation (EU) No. 610/2012 on maximum levels for the presence of coccidiostats and histomonostats in food resulting from the unavoidable carry-over of these substances in non-targeted feed.
The proposed Regulations will enable the execution and enforcement of Regulation 610/2012 and also introduce ambulatory reference provisions to include the Articles of Regulation 1881/2006 (previously only the Annex was included) and the Articles and Annex of Commission Regulation 124/2009 and also references to Articles and Annexes of Commission Directives 76/621 and 80/891 on Erucic acid.
The Regulations will also revoke national legislation on mineral hydrocarbons in food and revoke and remake, the provisions of the Erucic Acid in Food Regulations 1977 as amended. These provisions are to be consolidated into the proposed Contaminants in Food Regulations 2013.
The proposed Regulations will also make an amendment to the provisions currently contained in the Contaminants in Food (England) Regulations 2010, in order to rectify an under-enforcement of EC Regulation 1881/2006. Article 5 of that Regulation provides for the labelling of groundnuts, other oilseeds, derived products thereof and cereals.
What is the purpose of this consultation?
To provide interested parties with the opportunity to comment and express their opinion on the proposed Contaminants in Food (England) Regulations 2013, the revocation of the Mineral Hydrocarbons in Food Regulations and the revocation and remake of the Erucic Acid in Food Regulations and the associated Impact Assessment.
We would welcome your comments on The Contaminants in Food (England) Regulations 2013 (“the proposed Regulations”) attached as Annex B. The proposed Regulations will revoke The Contaminants in Food (England) Regulations 2010 and remake them with necessary amendments to provide for the enforcement of Commission Regulations 650/2012 and 1258/2011. The proposed Regulations will also:
introduce the use of ambulatory references for the purposes of Commission Regulation 124/2009 and the Articles of Regulation 1881/2006, as the ambulatory reference provision in the current 2010 contaminants in food Regulations apply only to the Annex to Commission Regulation 1881/2006. Ambulatory references will also be extended to include the Articles and Annexes of Directives 76/621/EEC and 80/891/EEC on Erucic Acid
revoke the Mineral Hydrocarbons in Food Regulations 1966 (which are purely national and not EU-derived) and revoke and remake, the provisions of, the Erucic Acid in Food Regulations 1977 as amended, thus consolidating the changes into the proposed Regulations, resulting in a single Statutory Instrument.
We would particularly welcome comments and supporting evidence in respect of any cost implications that may arise from these proposals as indicated in the draft Impact Assessment (IA) at Annex C.
Responses are requested by close of business on 5 July 2013. Please state, in your response, whether you are responding as a private individual or on behalf of an organisation/company (including details of any stakeholders your organisation represents).
A copy of the cosultation document is available on this site. See: Consultation pack: The Contaminants in Food (England) Regulations 2013