FSA Letter, 12 July 2002
An error in the EC Regulation (563/2002) on nitrate published earlier this
year meant that maximum limits for lead, cadmium, mercury, dioxins, 3-MCPD,
aflatoxins and ochratoxin A were not covered by the EC Regulation 466/2001 as
amended.
A corrigendum to correct this error has been published (OJ L155, 14.6.2002,
P63). The Contaminants in Food (England) Regulations 2002 have been the subject
of extensive consultation, during negotiation and implementation. In order to
implement the legislation swiftly, as required by the relevant EC measures,
the consultation time for this amending regulation has therefore been limited
to one week. Responses are required by 18 July 2002.
These proposed Regulations are intended to apply to England only, corresponding Regulations will be introduced separately in Scotland, Wales and Northern Ireland.
Reasons for the proposal
Commission Regulation EC No. 563/2002 of 2 April 2002 dealing specifically with nitrate in lettuce and spinach, which amended Regulation EC No. 466/2001, contained an error. This error unwittingly removed Sections 2, 3 and 4 of Annex 1, the Sections setting maximum limits for lead, cadmium, mercury, 3-MCPD, aflatoxins and ochratoxin A, from the scope of Regulation EC No. 466/2001. A corrigendum to rectify this error has now been published.
It is therefore necessary to amend the Contaminants in Food (England) Regulations
2002 (S.I. 2002 No. 890) to make provision for the enforcement of the above.
A Regulatory Impact Assessment (RIA) has not been prepared in this instance
since RIAs were prepared for the previous Regulations, whose intended effect
is being reinstated by the amendment.
The Draft Contaminants in Food (England) Regulations 2002
The draft Regulations would-