DRAFT GENERAL FOOD HYGIENE (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT CONTAMINANTS IN FOOD (AMENDMENT) (EU EXIT) REGULATIONS 2019 DRAFT SPECIFIC FOOD HYGIENE (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019 DRAFT GENERAL FOOD LAW (AMENDMENT ETC.) (EU EXIT) REGULATIONS 2019

Jim Fitzpatrick Excerpts

Tuesday 5th March 2019 General Committees

[Jim Fitzpatrick (Poplar and Limehouse) (Lab)]

I am grateful for the opportunity to intervene on the Minister, and it is a pleasure to see under you in the Chair this morning, Ms McDonagh. Can the Minister reinforce and clarify what he is saying? Is he saying that if there is a deal next week, the regulations will not be necessary, and that if there is no deal next week, and in the event of no deal, the regulations will be necessary for the protection of public safety?

[Steve Brine]

Yes. The regulations transpose into domestic law the good public health requirements that we are part of as a member state. If we agree a deal or a withdrawal agreement next week that is subsequently legislated for, everything that we currently enjoy as a member state will roll over during the transition period. If we then negotiate a future trade deal that incorporates all those undertakings, the regulations will not be necessary, but it is about putting the necessary regulations in place to ensure a seamless bridge between membership and being a third country to protect public health, which is what I am interested in.

The instruments will ensure that UK domestic legislation that directly implements applicable EU regulations continues to function effectively after exit day. The proposed amendments are critical to ensuring minimal disruption to general food and feed law, food hygiene and controls on contaminants if we do not reach a deal. The regulations on general food and feed law, food hygiene and controls on contaminants are key to ensuring the safety of food and thereby public health. Consumers in the UK will benefit from a high standard of food and feed safety and quality. The Government are committed to ensuring that the high standards are maintained.

The main changes are that the instruments will transfer responsibilities incumbent on the European Commission to Ministers in England, Wales, Scotland, and the devolved authority in Northern Ireland. They also transfer to the relevant food safety authority the responsibilities currently incumbent on the European Food Safety Authority, the body that provides scientific advice on food safety to the European Commission, the European Parliament and EU member states. That authority will be the Food Standards Agency in England, Wales and Northern Ireland, and Food Standards Scotland north of the border.

Let me take the regulations in turn, because they start very general and get more specific. The General Food Law (Amendment etc.) (EU Exit) Regulations 2019 ensure that Regulation (EC) 178/2002, which lays down fundamental principles underpinning food law, basic food and feed business requirements, as well as describing certain functions carried out by EU institutions, will function effectively on exit day. The regulation states that food placed on the market must be safe to eat, and it provides for other fundamental food and feed safety and hygiene requirements, including presentation, traceability—we must be able to look one step back and one step forward in the supply chain—the enforcement of regulations, and open and transparent public consultation during the preparation, evaluation and revision of food law. I used the word “presentation”, which is to ensure that we do not mislead consumers. Members may remember that a few years ago there were a lot of concerned constituents because of press coverage about horse meat being sold as certain other meats, and these regulations will ensure that food is what it says on the tin.

The General Food Hygiene (Amendment) (EU Exit) Regulations 2019 ensure that Regulation (EC) 852/2004, which contains basic food hygiene requirements for all food businesses, will function effectively on exit day. It sets out the general requirements for the hygienic production of foodstuffs by all food business operators, through the provision of effective and proportionate controls throughout the food chain to the final consumer. Its farm-to-fork scope covers basic hygiene requirements for food businesses, as well as hygiene requirements relevant for the primary production sector.

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[Jim Fitzpatrick]

It is a pleasure to follow the hon. Member for Motherwell and Wishaw. Unlike my right hon. Friend the Member for Don Valley—or, for that matter, the Minister—I was not a public health Minister. However, I was the Minister of State at the Department for Environment, Food and Rural Affairs responsible for food. Food security in all its aspects—continuity of supply, quality, safety and sustainability—was absolutely critical to the Department. That was very much the case for producers, suppliers and retailers big and small, as the hon. Member for Motherwell and Wishaw mentioned.

I am grateful to my hon. Friend the Member for Washington and Sunderland West, the shadow Minister, for raising her questions with the Minister. As I mentioned in my brief intervention earlier, I oppose no deal and I do not think that there is a majority for it in the House. Therefore, I do not think that the regulations will have to apply. However, the Government must make contingency plans, and perhaps the Minister can reassure us that, in line with what my hon. Friend said, the regulations are a straight transposition of the existing arrangements and regulations that apply to the British food industry.

I would be reassured by that, and I am grateful to my hon. Friend the shadow Minister for indicating that we will not oppose the regulations. I would find it difficult to oppose them, on the public safety and health basis that she outlined. I look forward to getting that reassurance from the Minister, as well as some reinforcement of the points he made in his opening remarks.