Statutory Instruments

2000 No. 3378

FOOD, ENGLAND

The Fresh Meat (Beef Controls) (No. 2) (Amendment) (England) Regulations 2000

Made

28th December 2000

Laid before Parliament

29th December 2000

Coming into force

1st January 2001

The Secretary of State in exercise of the powers conferred on him by sections 16(1)(f), 26 and 48(1) of the Food Safety Act 1990(1) and of all other powers enabling him in that behalf having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act makes the following Regulations:

Title, extent and commencement

1. These Regulations may be cited as the Fresh Meat (Beef Controls) (No. 2) (Amendment) (England) Regulations 2000; they extend to England only and come into force on 1st January 2001.

Amendment to the Fresh Meat (Beef Controls) (No. 2) Regulations 1996

2.-(1) In so far as they extend to England, the Fresh Meat (Beef Controls) (No. 2) Regulations 1996(2) are amended in accordance with paragraph (2) of this regulation.

(2) The following regulation is inserted between regulation 3 (prohibition of sale of meat from older bovines) and regulation 4 (the Beef Assurance Scheme)-

"Enforcement of Article 2.1 of Commission Regulation (EC) No. 2777/2000

3A. No person shall contravene Article 2.1 of Commission Regulation (EC) No. 2777/2000 adopting exceptional support measures for the beef market(3).".

Signed by authority of the Secretary of State for Health

Gisela Stuart

Parliamentary Under Secretary of State,

Department of Health

28th December 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Fresh Meat (Beef Controls) (No. 2) Regulations 1996 (S.I. 1996/2097, as already amended) in so far as they extend to England. The 1996 Regulations extend to the whole of Great Britain.

These Regulations provide for the enforcement of Article 2.1 of Commission Regulation (EC) No. 2777/2000 adopting exceptional support measures for the beef market (OJ No. L321, 19.12.2000, p. 47). That Article, which is applicable until 30th June 2001 at the latest, provides that meat from bovine animals aged more than 30 months and slaughtered in the Community after 1st January 2001 can only be released for human consumption or for export if tested negatively for bovine spongiform encephalopathy by an approved rapid test as referred to in Annex IV(A) of Commission Decision 98/272/EC (OJ No. L122, 24.4.98, p. 59, as amended). Annex IV(A) was inserted into that Decision by Commission Decision 2000/374/EC (OJ No. L135, 8.6.2000, p. 27).

A regulatory impact assessment has been prepared in respect of these Regulations. A copy of it has been placed in the library of each House of Parliament. Further copies of the assessment can be obtained from the Meat Hygiene Division of the Food Standards Agency, Ergon House, Horseferry Road, London SW1P 3WG.

(1)

1990 c. 16. Functions formerly exercisable by "the Ministers" are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), and paragraph 21 of that Schedule amends section 48 of the 1990 Act. Functions of "the Ministers" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) and those functions so far as exercisable in relation to Scotland were transferred to the Scottish Ministers by section 53 of the Scotland Act 1998 (1998 c. 46). Regulation 13(4) of S.I. 2000/656 expressly authorises the Secretary of State to amend or revoke existing Regulations made or having effect as if made by the Minister of Agriculture, Fisheries and Food (whether with others or not) under the Food Safety Act 1990.

(2)

S.I. 1996/2097, amended by S.I. 1996/2522 and S.I. 2000/656.

(3)

OJ No. L321, 19.12.2000, p. 47.