Fifth update on applying EU feed and food controls regulation

This update provides information on the new national legislation being introduced in the UK to apply the feed and food elements of EU Regulation 882/2004 on official controls. It also provides details of associated guidance material produced by the Agency. In addition, it provides an update on European Commission implementing measures and transitional arrangements related to the application of the EU official control Regulation.

The main legal measures needed to apply Regulation 882/2004 are included in the Official Feed and Food Controls (England) Regulations 2005 (SI 2005/2626) and parallel legislation that is being made in Scotland, Wales and Northern Ireland. This legislation will come into force on 1 January 2006. These legal instruments identify the authorities that are responsible for organising and undertaking official enforcement checks and provide them with powers to ensure that they are able to meet their obligations under the EU Regulation. They also provide for the enforcement of the new harmonised rules on third country imports of feed and food of non-animal origin. See copies of the Regulations for England on the Office of Public Sector Information.

A consultation on proposed changes to these Regulations has recently closed. The changes are needed as a consequence of the adoption of a number of new Commission Regulations made under the EU official control Regulation (as well as the EU food hygiene legislation) and to take account of changes to other domestic feed and food legislation. The changes will be incorporated into a new and consolidated Statuary Instrument for England on official feed and food controls. We are aiming to put this in place by 1 January 2006 but the timing is dependent on publication of the new Commission Regulations in the Official Journal of the European Communities.

Consultations on the necessary changes to the legislation for Scotland, Wales and Northern Ireland have also taken place. In Scotland and Northern Ireland, the amendments have been included with the first set of Regulations for each of these countries. The Regulations for Scotland have very recently been made and those for Northern Ireland will be made late in December. In Wales, the situation is similar to that in England. The Official Feed and Food Controls (Wales) Regulations 2005 were made at the end of November and a second set of Regulations will be made but these are not expected to come into force until March 2006.

Guidance on the imports provisions in the national legislation has been prepared for feed and food importers. See guidance material for England. Similar guidance will be issued in Scotland, Wales and Northern Ireland in due course.

For enforcement officers, guidance has been included on food imports in the revised drafts of the Local Authority Food Law Code of Practice and associated Practice Guidance. See the published documents for England and Wales. Revised Codes for Scotland and Northern Ireland will be published in due course.

With regard to feed imports, guidance will be included in the Code of Practice on Feed Law Enforcement which is currently subject to consultation. See the consultation documents.

Q&A notes on the provisions of EU Regulation 882/2004 have been prepared by the Agency and published on the website. These notes explain the provisions of the Regulation and provide informal and non-statutory advice. They are aimed primarily at the enforcement authorities in the UK, but may also provide useful information for the feed and food industries, and for consumers. See the notes.

Commission guidelines on the conduct of audits of competent authorities
Background information on these guidelines was provided in Update 3. Consensus on the guidelines has now been reached by the Standing Committee on the Food Chain and Animal Health. The guidelines are being adopted in the form of a Commission Decision and should be published in the Official Journal shortly. In the meantime, see the final draft of the document. The Agency will, in liaison with stakeholders, consider if any changes to current audit arrangements for UK authorities are necessary.

Commission guidelines on the preparation of national control plans
Under the EU Regulation, each Member State is required to produce a national control plan. This must be in place by 1 January 2007 and Member States will be required to report thereafter on an annual basis on progress of its implementation. The plan will need to include a description of the control system in place for monitoring and enforcing compliance with feed and food law (as well as for animal health and animal welfare rules and for plant health controls). It will also need to outline strategic objectives in these areas over the period of the plan. The European Commission has recently issued guidelines on the preparation of these plans and the Agency launched a public consultation on these on the 23 November 2005. See the consultation package, which includes an initial public sector Regulatory Impact Assessment.

The latest draft of the guidelines was discussed by the Member States at a Commission Working Group on 7 and 8 December. See the draft guidelines. The principal concern expressed by Member States related to the level of detail that is required and the potential impact on the competent authorities in preparing this. The Commission is now reflecting on the comments made and will be issuing a further draft in early 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.