Official feed and food controls regulation
The EU White Paper on Food Safety identified the need to establish a Community-wide framework for official controls.The aim of the resulting regulation (EU Regulation 882/2004) is to improve the consistency and effectiveness of official controls and provide safeguards to consumers.
Background
EU Regulation 882/2004 on official controls for feed and food law (and animal health and animal welfare rules) sets out the approach that competent authorities of Member States must adopt for official controls. In other words, how they should monitor and enforce businesses' compliance with feed and food law (this includes food hygiene legislation but also all other feed and food safety and standards legislation) and with animal health and welfare rules.
The EU Regulation includes a framework for financing of inspections and other enforcement controls. It also sets out how the European Commission, through its Food and Veterinary Office, will check that the national control systems in Member States comply with the requirements of the regulation. The provisions have applied since 1 January 2006, except those on financing which applied from 1 January 2007 and implementing rules for import controls for 'high-risk' non-POAO feed and food which applied from 25 January 2010. The text of the regulation may be downloaded from the European Commission website at the link below.
Application of Regulation 882/2004 in the UK
The Agency has overall responsibility for application of the feed and food elements of the regulation, while Defra and the devolved Agriculture/Rural Affairs Departments have responsibility for application in the areas of animal health and animal welfare. Arrangements are in place for joint working across the departments to make sure there is a consistent approach.
National legislation
The principal legal measures needed to apply Regulation 882/2004 are now in place and are included in the Official Feed and Food Controls (England) Regulations 2009 (SI 2009/3255) and parallel legislation in Scotland, Wales and Northern Ireland as follows:
- The Official Feed and Food Controls (Scotland) Regulations 2009 (SSI 2009/446)
- The Official Feed and Food Controls (Wales) Regulations 2009 (SI 2009/3376)
- The Official Feed and Food Controls Regulations (Northern Ireland) 2009 (SR 2009/427)
Copies of these legal instruments may be downloaded from the website of the Office of Public Sector Information via the link below.
The national regulations identify the authorities in the UK that are responsible for organising and undertaking enforcement checks in respect of feed and food. They provide the legal powers to these authorities to enable them to meet the obligations set out in the EU regulation, in particular with regard to monitoring, auditing and financing of official controls and reporting on enforcement activity.
The regulations also provide the legal powers needed for the enforcement of the new rules on import checks of feed and food of non-animal origin, including penalties for businesses that fail to comply.
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Find out more
National Control Plan for the United Kingdom
The National Control Plan for the United Kingdom details the roles and responsibilities of the different authorities and associated organisations involved in the monitoring of compliance with, and enforcement of, feed and food law, animal health and welfare rules and plant health requirements.
EU Official Feed and Food Controls regulation: Guidance for enforcement authorities
Q&A notes for enforcement authorities on the new EU Regulation on official feed and food controls (882/2004).
Guidance on expenses arising from 'additional official controls'
The Food Standards Agency has issued guidance notes to provide advice in relation to Regulation 43 of the Official Feed and Food Controls (England) Regulations 2009. Parallel regulations apply in Scotland, Wales and Northern Ireland.
'High-risk' products of non-animal origin under Regulation (EC) No 669/2009
Safeguard controls on certain 'high-risk' feed and food listed in Annex I of Regulation (EC) No. 669/2009, as amended. the latest amendment is Regulation (EU) No 1277/2011, which applies from 1 January 2012 is Regulation.
European training strategy: Better training for safer food
The European Commission established its 'Better training for safer food' strategy following the adoption in April 2004 of Regulation (EC) No 882/2004 on official controls. The Regulation empowers the Commission to develop training programmes for staff of the competent authorities of the Member States and also from non-European Union countries.