Draft Food and Feed (Miscellaneous Amendments) Regulations 2022

(Limited Text - Ministerial Extracts only)

Monday 28th November 2022 General Committees

[The Parliamentary Under-Secretary of State for Health and Social Care (Neil O’Brien)]

I beg to move,

That the Committee has considered the draft Food and Feed (Miscellaneous Amendments) Regulations 2022.

It is a pleasure to serve under your chairmanship, Mr Sharma. The statutory instrument is made under powers in the European Union (Withdrawal) Act 2018. It follows on from the previous EU exit instruments in the field of food and feed safety made since 2019. The Government’s priority is to ensure that we continue to maintain the same high standards of food and feed safety and consumer protection that we have established. The principal changes introduced by the instrument will ensure that national and GB-wide legislation continues to operate effectively following the UK’s exit from the EU.

The purpose of the instrument is to amend national England regulations in the fields of articles in contact with food, extraction solvents and animal feed to remove cross-references to European Union directives and correct other EU exit-related inoperabilities. The instrument also addresses a range of remaining deficiencies in retained direct EU legislation in the field of food and feed safety and hygiene, to ensure the continued operability of that legislation after exiting the EU.

The instrument will also address inoperabilities that have arisen as a consequence of previous deficiency amendments made pursuant to the European Union (Withdrawal) Act 2018. It will extend the tolerance period of three withdrawn genetically modified organisms for a further three years until 31 December 2025, to align with the correction of a deficiency in retained EU regulation 619/2011. It will provide for a time-limited transitional period for edible insects specific to Great Britain. This will permit qualifying edible insects to remain on the market in GB after 31 December 2023, while applications for novel food authorisation are considered by the appropriate authority.

Let me be clear that the instrument does not introduce any changes that will impact the day-to-day operation of food or feed businesses. Nor does it introduce any new regulatory burden. The essence of the existing legislation is unchanged.

It is important to note that the devolved Governments have some shared and devolved legislative responsibilities in relation to food law. Both Scotland and Wales have provided their consent for the instrument. Amendments introduced by the instrument do not apply to Northern Ireland. In accordance with the Northern Ireland protocol, EU regulations will continue to apply; however, the Northern Ireland Department of Health has been briefed. We have engaged positively with the devolved Governments throughout the development of the instrument, and their ongoing engagement has been warmly welcomed.

I reassure hon. Members that the overarching aim of the draft regulations is simply to provide continuity for businesses and ensure that high standards of safety and quality for food and feed regulation continue across the UK. They do not affect the essence of existing legislation. Having effective and functional law in this area is key to ensuring that high standards of food and feed safety are continued. I ask hon. Members to support the amendments proposed in the instrument, to ensure the continuation of effective food and feed safety and public health controls. I commend the draft regulations to the Committee.

--- Later in debate ---

[Neil O’Brien]

To take some of the important questions raised by the Opposition in reverse order, the hon. Member for Cambridge is right that there are no substantive changes on edible insects. It is already the case that the pictograph does not need to be used; only the “do not eat” wording is mandatory. A consultation was carried out to allow stakeholders to consider the proposal to remove the requirement to use the pictograph. We shared the consultation widely and did not receive any responses on that particular point, although we will of course review the implementation of the change to ensure that there are no negative impacts.

On the original point raised by the hon. Member, this is indeed a technical SI. The legislation as it stands is workable. He was right that the point is that, although relying on cross-references to lists in EU directives is legal and operable, an issue arises if any further amendments would require the creation of a separate list in domestic regulations. We would then have two lists, which would run the risk of creating confusion. That is the core of what the SI is about, and on that basis I commend it to the Committee.

Question put and agreed to.