Did you know? Eight pieces of retained EU law will be revoked by end of year

23 June, 2023

The Food Standards Agency (FSA) has identified eight pieces of retained EU Law that are no longer required in the UK post Brexit. Staying updated on changes is crucial for food business operators to assess operational impacts and maintain compliance.

Retained EU Food Law | Leatherhead Food Research

In 2018, following the UK’s decision to withdraw from the European Union, the principle of retained EU Law (REUL) was established. The goal was to maintain certainty and continuity by conserving and protecting all EU and EU-derived law as it existed in the UK.

On 10 May of 2023, the UK government proposed amending their original proposal on a sunset clause. This clause would have automatically revoked every retained EU law by December 31, 2023, unless specific authorities decided to replace or opted to keep them. In its place, the new law will have a list of the retained EU laws that the UK Government intends to revoke at the end of 2023.

The Food Standards Agency (FSA) has identified eight pieces of the REUL that are no longer required to be kept in the UK and have accordingly been included in the revocation schedule.

According to the FSA’s website, the following laws have been reviewed thoroughly, and the removal of such will not impact the safety or standards of food:

  1. Food (Revision of Penalties) Regulations 1982 (S.I. 1982/1727)
  2. Food (Revision of Penalties) Regulations 1985 (S.I. 1985/67)
  3. Meat (Enhanced Enforcement Powers) (England) Regulations 2000 (S.I. 2000/225)
  4. Meat (Disease Control) (England) Regulations 2000 (S.I.2000/2215)
  5. Food Enzymes Regulations 2009 (S.I. 2009/3235) Regulation 10
  6. Food Additives (England) Regulations 2009 (S.I.2009/3238)
  7. Foodstuffs Suitable for People Intolerant to Gluten (England) Regulations 2010 (S.I. 2010/2281)
  8. Flavourings in Food (England) Regulations 2010 (S.I.2010/2817)

The majority of these regulations were revoked because they were either inoperable, amended previously revoked Regulations, or superseded by other pieces of Regulation. However, it is critical for food business operators to keep an eye on the constant changes in food legislation within the retained EU Law to understand how amendments could impact operations and ensure they remain compliant.

How Leatherhead can help

Our scientific and regulatory affairs team can provide horizon scanning of regulatory change to support food and beverage companies in their forward planning and our analysis can be used to support discussions with regulators or industry associations. Click the link to learn more about Leatherhead’s horizon scanning and advocacy services or, get in touch at [email protected] to find out how we can support you.

Changes to UK regulation post Brexit is a key topic at this year’s annual Members’ Regulatory Day, which will be held on 20 September at Leatherhead Food Research’s site in Great Burgh, Epsom. Members also receive the popular Global Legal Highlights newsletter, providing insight into changing regulations worldwide and the impact they have on the global food, beverage and supplements industries. Follow the link to learn more about membership.

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