Dr David Jukes, The University of Reading, UK

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Food Law News - UK - 2018

DHDC Consultation, 3 December 2018

BREXIT / CLAIMS – DHSC Consultation: The Nutrition (Amendment) (EU Exit) Regulations 2018

DHSC Consultation: The Nutrition (Amendment) (EU Exit) Regulations 2018

A copy of the consultation document is available on this site (click on image)

Provided uder the Open Government Licence. The original documents can be accessed from: LINK

The following is the introduction from the consultation document:

This consultation seeks feedback on proposals for regulations necessary to ensure certain aspects of the law relating to nutrition continue to operate effectively after the UK has left the EU in the unlikely event of a no deal scenario. The consultation covers legislation relating to: nutrition and health claims, the addition of vitamins, minerals, and certain other substances to food; food for particular nutritional uses; food supplements; and the regulation of Kava-Kava, with particular regard to the functions of the European Commission and European Food Safety Authority. 

We have now agreed in principle the terms of the UK’s smooth and orderly exit from the EU, as set out in the Withdrawal Agreement. We have also agreed the broad terms of our future relationship as set out in the outline Political Declaration. But nothing is agreed until everything is agreed - and as such it is the duty of a responsible government to continue to prepare for all scenarios, including the unlikely event of a no-deal.

Therefore, the proposals outlined in this consultation, henceforth referred to as ‘fixes’ would only come into effect in the unlikely event that the United Kingdom and the European Union are unable to conclude negotiations satisfactorily. 

Plans outlined in this consultation would provide continuity and assurance for business and consumers as we seek to mirror existing European systems domestically as far as is practically possible. Further to this the Government does not envisage that this Statutory Instrument will create ‘winners’ or ‘losers’, with no practical adverse effects on individual citizens or adverse regional impact.  

Although food law is devolved, this policy area has been designated by the UK Government for consideration for a common approach. This means that one set of regulations would make the necessary fixes to all retained EU law with the consent of Ministers from the devolved administrations. This consultation is therefore being carried out on behalf of the whole of the UK.

In addition, the consultation deals with the proposed fixes to English domestic legislation relating to nutrition that is derived from EU law. Devolved authorities will make equivalent fixes independently and issue consultations in their respective countries accordingly.

The consultation is open until 14th December 2018 and we would welcome your views.




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