Regulation (EC) No 178/2002

This Regulation provides a framework for food and feed Law within the EC and imposes obligations both on Member States and on food and feed business operators. It applies to all stages of production, processing and distribution of food and feed, but does not apply to primary production for private domestic use or to the domestic preparation, handling or storage of food for private domestic consumption.

Guidance on the implementation of the Regulation is available on the EU website.

Scope and definition
Article 2 provides a definition of 'food' in Community law for the first time. This has prompted UK legislation to adopt this definition, discussed later in this guide. Further definitions are outlined in Article 3, including other basic expressions such as 'food business', 'food business operator', 'feed business', 'feed business operator', 'food law', 'primary production' etc.

Principles of transparency
Article 9 requires public consultation during the preparation, evaluation and revision of food law, except in cases of urgency. Public authorities are also obliged to take appropriate steps to inform the general public where there are reasonable grounds to suspect that a food or feed may represent a risk to human or animal health (Article 10).

General requirements of food law
This part of the Regulation harmonises Community law by setting out the following general food and feed law requirements. They apply directly in all Member States. The measures in relation to food are enforced in Scotland by the General Food Regulations 2004 and the measures in relation to feed are enforced by the Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004 (see below).

Article 14 sets out 'food safety requirements': in particular that food shall not be placed on the market if it is unsafe. It is deemed to be unsafe if it is considered to be injurious to health or unfit for human consumption. (This article replaces the prohibition on sale of food not complying with food safety requirements previously found in section 8 of the Food Safety Act 1990.)

Article 15, similarly, sets out 'feed safety requirements'. Feed which is deemed to be unsafe is described as feed which is considered to have an adverse effect on human or animal health or which makes food derived from food-producing animals unsafe for human consumption.

Article 16 makes general provision in respect of presentation of food and feed, which should not mislead consumers.

Article 17 imposes general responsibilities. Food and feed business operators must ensure that foods and feeds satisfy food law and check that all legal requirements are met. Member States must maintain a system of official controls and ensure that the requirements of food law are being fulfilled.

Article 18 makes provision for the traceability of food, feed and food-producing animals.

Article 19 sets out further responsibilities of food business operators regarding withdrawal of food which does not comply with food safety requirements or which is believed to be injurious to human health. Article 20 sets out similar responsibilities of feed business operators.

SI 2004 No 2990 The Food Safety Act 1990 (Amendment) Regulations 2004
This instrument substituted the European law definition of food in EC Reg 178/2002 for the previous definition of food in the Food Safety Act 1990. Both the Food and Environment Protection Act 1985 and the Food Standards Act 1999 therefore also take the same definition (see section 24 of FEPA 1985 and section 36(4) of the Food Standards Act 1999).

It also disapplies the consultation requirements imposed by section 48(4) of the 1990 Act where consultation is required under Article 9 of Regulation (EC) No. 178/2002, and makes consequential amendments to the Food Safety Act 1990.

SI 2004 No 3279 The General Food Regulations 2004

This Instrument provides for the enforcement of certain provisions of Regulation (EC) No. 178/2002 in so far as relating to food. Contravention of Articles 14(1), 16, 18(2) or (3) or 19 (discussed in general terms above) is an offence punishable on summary conviction by up to six months' imprisonment and/or a fine of the statutory maximum (currently
5,000) or
20,000 in respect of contraventions of Article 14(1). Conviction on indictment may result in an unlimited fine and/or imprisonment for up to two years (regulations 4 and 5).

Responsibility for enforcing the relevant Articles is given to local authorities (food authorities) by regulation 6. The Food Standards Agency may also enforce Articles 14 and 19 as regards 'relevant food' - that is, where the FSA is specified in regulations as being the enforcement authority.

The instrument also designates competent authorities for the purposes of Regulation (EC) No. 178/2002 and applies various provisions of the Food Safety Act 1990 to the regulations (regulations 3 and 7).

SI 2004 No 3254 The Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 2004

This instrument fulfils a similar role to 2004/3279 but applies in respect of feed. Contravention of Articles 15(1), 16, 18(2) or (3) or 20 is an offence. In the case of a contravention of Article 15.1 (feed safety) in summary proceedings that offence is punishable by a fine of up to the statutory maximum (
5,000) or 3 months imprisonment or both and on conviction on indictment penalties of an unlimited fine or up to two years' imprisonment or both can be imposed. Contraventions of the other Articles referred to may only be prosecuted by way of summary proceedings and on conviction carries a penalty of a fine of up to the statutory maximum (
5,000) or 3 months imprisonment or both. Competent and enforcement authorities are designated and various provisions of the Food Safety Act 1990 and Feeding Stuffs (Sampling and Analysis) Regulations 1999 are applied.

The Regulations also make provision for the inspection, seizure and detention of animal feed which it is suspected fails to comply with the feed safety requirements set out in Article 15 of Regulation (EC) No. 178/2002 (regulations 6 and 7). Amendments are also made to the Agriculture Act 1970 and Food Standards Act 1999, reflecting Regulation (EC) No 178/2002. In particular the requirement to consult under section 84(1) of the 1970 Act prior to making regulations under that Act is disapplies where Article 9 of Regulation 178/2002 applies.