Joint Committee on Statutory Instruments Twenty-Fourth Report


APPENDIX 5

Memorandum from the Food Standards Agency

NOTIFICATION OF MARKETING OF FOOD FOR PARTICULAR NUTRITIONAL USES (ENGLAND AND WALES) REGULATIONS 2002 (S.I. 2002/333)

1. At its meeting on 11 March 2002 the Committee considered the above instrument and requested a memorandum on the following point -

Regulation 6 provides that certain specified provisions of the Food Safety Act 1990 are to apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in them to the Act or Part thereof is to be construed as reference to these Regulations. Identify the context in which a reference to the Act or Part thereof is not intended to be construed as a reference to these Regulations.

2. The expression underlined above was included with the possibility in mind that there might be such a context. However, re-consideration of the matter has not identified any such context.

3. The Committee recently raised the same point in respect of a parallel provision in the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (England) Regulations 2002 (S.I. 2002/183), but S.I. 2002/333 had already been made and laid before Parliament by the time that the Committee's query in respect of S.I. 2002/183 was received.

18 March 2002


 
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