The UK Food Standards Agency (FSA) has opened a consultation on the correction of references to the EU in the Food Safety Act 1990 and Food Standards Act 1999. Under the proposals inoperable references to EU provisions will be amended to correctly reference “assimilated law”. 

You can find out how to respond to this consultation here.

Context for the consultation

The Food Safety Act 1990 provides the framework for food legislation in Great Britain. Its primary purpose is to protect consumers from consuming food that could be harmful to their health. 

The Food Standards Act 1999 established the Food Standards Agency (FSA) and its functions, including its main objective of protecting public health and other consumer interests in relation to food. It applies in England, Wales and Northern Ireland and gives the FSA the power to act in the consumer's interest at any stage in the food production and supply chain. 

A review of the Food Safety Act 1990 and Food Standards Act 1999 has identified several references to EU provisions that are inaccurate in the context of EU Exit and the subsequent assimilation of Retained EU Law (REUL) through the REUL Act. This proposal sets out how we intend to address this issue in relation to both the Food Safety Act 1990 and the Food Standards Act 1999. 

Proposal set out by the FSA 

The FSA proposes to bring forward a Statutory Instrument under Sections 12(1) and 20(1) of the REUL Act to restate assimilated law. The draft affirmative SI will amend all references to the EU in Section 17 of the Food Safety Act 1990 and Section 19(3) of the Food Standards Act 1999 to accurately refer to assimilated law. 

The proposed amendments to the Food Safety Act will apply in Scotland, England and Wales. Equivalent primary legislation in Northern Ireland is the Food Safety (Northern Ireland) Order 1991. No amendment to that Order is proposed at this time.  

The proposed amendments to the Food Standards Act will apply in England and Wales only. No amendments are necessary in Northern Ireland. These proposed amendments will not be applicable in Scotland.  

Click here to read the draft proposal.