Foodlaw-Reading
Dr David Jukes, The University of Reading, UK
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DHSS Consultation, 9 August 2023
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DHSS Consultation Document: Nutrition and health claims on food: proposed legislative reforms The document is published as a web page but a pdf copy is provided here (click on image) Provided under the Open Government Licence. The original web page accessed from: |
The following are the first two sections from the document:
Introduction
Leaving the European Union (EU) was a historic moment for the United Kingdom (UK), giving us, for the first time in many decades, the final say over the way we legislate. It is why the government passed the Retained EU Law (Revocation and Reform) Act 2023 (the act), so that the special status of retained EU law (REUL) comes to an end. It ensures that, for the first time in a generation, the UK’s statute book will not recognise the supremacy of EU law or EU legal principles. It is important that we make laws work for UK purposes. The act grants powers to amend, remove and replace REUL with bespoke UK provisions to put UK business, consumers and the British public first.
The government is determined to realise the benefits of EU exit by ensuring that smarter regulation supports the UK’s ambitions of creating the best regulated economy in the world, and stimulating economic growth, innovation and job creation. For nutrition-related labelling, composition and standards (NLCS) this means:
The government is proposing to assimilate the majority of the NLCS REUL, while reforming nutrition and health claims enforcement in England and removing redundant tertiary legislation from the statute book. We believe that we will achieve the right balance of maintaining quality standards for consumers and robust and proportionate regulation. This consultation sets out the proposed changes in relation to NLCS REUL. We would welcome your views.
Why we are consulting
The legislation which sets the general principles and requirements of overall food law places a statutory requirement to consult on changes to food law stating:
There shall be open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.
The power to make NLCS legislation is devolved to the Scottish Government, Welsh Government, and Northern Ireland Executive. This is set out in the respective devolution settlements (Scotland Act 1998, Wales Act 2006, and Northern Ireland Act 1998). This means the appropriate authorities in Scotland, Wales and Northern Ireland can make regulations on NLCS within their respective jurisdictions.
This consultation is being conducted by the UK government. It has been developed through engagement with officials in the devolved administrations in Scotland, Wales and Northern Ireland. It is also in line with the NLCS provisional common framework, which has been developed by administrations in England, Scotland, Wales and Northern Ireland to maintain a consistent and co-ordinated policy approach across the UK. Although the consultation is being conducted by the UK government, the proposals for revocation would, if taken forward, be implemented via a Great Britain-wide statutory instrument (SI) which would be subject to the consent of ministers in Scotland and Wales.
The reform proposals contained within this consultation are largely technical in nature and the effect on each piece of REUL within scope is summarised in Annex 1.
We welcome feedback on proposals which in summary would:
