FSA Consultation letter, 31 March 2005
The FSA are seeking comments on the draft Official Feed and Food Controls ( England ) Regulations 2005. Responses are requested by: 30 June 2005
The Statutory Instrument (SI) will apply, in England , certain elements of Regulation (EC) 882/2004 on official controls. The principal elements of the SI include:
Views are also sought on a draft summary Guidance to importers on the provisions that will affect them. Finally, your views are sought on Guidance Notes on the feed and food elements of EU Regulation 882/2004.
EU Regulation 882/2004 on official controls - Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules. Official Journal L191, 28.5.2004, 1-52
The proposed SI (Appendix 1) is required to apply certain elements of EU Regulation 882/2004 on official controls. The EU Regulation is about arrangements for enforcement of feed and food law requirements and animal health and animal welfare rules. It sets out the general approach that must be taken, and the principles that must be adopted, by the authorities in EU Member States that have responsibility for monitoring and enforcing this legislation (i.e. the ‘competent authorities' responsible for organising and undertaking ‘official controls'). It also establishes a framework for financing of official controls. In addition, it provides the legal basis for the European Commission to assess the effectiveness of national enforcement arrangements. Details of the requirements of the EU Regulation are set out in Annex A to the RIA which is enclosed at Appendix 2 of this letter. The text of the EU Regulation may be downloaded from the European Commission's website at:
Application of EU Regulation 882/2004 in the UK
The provisions of the EU Regulation apply from 1 January 2006 , except those on financing which apply from 1 January 2007 . Although the Regulation is directly applicable, action is needed to give it effect in the UK . Given the wide scope of the EU Regulation, responsibility for applying it is divided; the Food Standards Agency (FSA) has overall responsibility for the feed and food elements; and, the Department for Environment, Food and Rural Affairs (Defra) and the devolved Agriculture Departments, for the animal health and animal welfare aspects.
With regard to the feed and food elements, application is being taken forward in two phases to correspond to the 1 January 2006 and 1 January 2007 application dates. This consultation forms a part of the first phase of application. Additional coordinated consultation on other aspects of phase 1 application will take place during 2005. Details of this are included at Annex C to the RIA which is enclosed at Appendix 2 to this letter. The second phase of application will be concerned with the financing of enforcement inspections and other controls, and public consultation on the options for application (including options for financing of import controls) will take place in due course.
Details of this consultation
The Official Feed and Food Controls ( England ) Regulations 2005
The draft SI gives effect in England to those feed and food elements of EU Regulation 882/2004 applying from 1 January 2006 for which a domestic legal basis is needed. The provisions of the SI will enable the competent authorities to meet their obligations under the EU Regulation, principally with respect to monitoring and reporting of enforcement activity. Specific provisions are also included for the organisation and enforcement of new rules on checks (official controls) of feed and food of non-animal origin (non-POAO) imported from outside the Community. A summary explaining the principal provisions of the SI is enclosed at to this letter [See link below]
Separate SIs are being made in Scotland , Wales and Northern Ireland . These are subject to separate consultation exercises in those countries.
Comments on any aspect of the SI are welcome. In particular, however, we should be grateful for you views on the following points:
Draft FSA Guidance Notes for enforcement authorities on the feed and food elements of EU Regulation 882/2004
Draft Guidance Notes on the feed and food elements of the EU Regulation have been prepared in Question and Answer format – see Appendix 5. The scope of the Notes is restricted to those aspects of the EU Regulation relating to official controls in respect of feed law and food law. They do not relate to the animal health and animal welfare elements for which Defra and the Agriculture Departments in the devolved countries have responsibility. As the EU Regulation places obligations on those authorities responsible for monitoring and enforcing feed and food law, the Guidance Notes are aimed primarily at these authorities. However, the Notes may also provide useful information for the feed and food industries, and for consumers.
Your comments on any aspect of the Guidance Notes are welcome but we would be particularly grateful for views from enforcement stakeholders on the points dealt with at:
The following documents can be downloaded from this site: