The U.K. Food Standards Agency (FSA) has launched public consultations
on two sets of proposed legislation, “The Contaminants in Food (England)
Regulations 2013” and “The Food Additives, Flavourings, Enzymes, and
Extraction Solvents (England) Regulations 2013.” The first set of regulations
related to food contaminants will revoke the 2010 version and take into
account new European Commission regulations regarding (i) “maximum levels
for nitrate in foodstuffs”; (ii) “maximum levels for the presence of coccidiostats
and histomonostats in food resulting from the unavoidable carry-over of
these substances in non-targeted feed”; and (iii) under-enforcement of EU
provisions providing for “the labeling of groundnuts, other oilseeds, derived
products thereof and cereals.” The Contaminants in Food Regulations will also
revoke “national legislation on mineral hydrocarbons in food and revoke and
remake[] the provisions of the Erucic Acid in Food Regulations 1977.”

The second set of regulations will consolidate “all legislation within [FSA’s] remit covering food additives, flavourings, enzymes, and extraction solvents
into a single consolidated statutory instrument.” Part of the agency’s effort
to simplify food safety legislation in response to the government’s Red
Tape Challenge Initiative, the proposed legislation will (i) “introduce the
use of compliance notices for non-safety related offences for enforcement
purposes”; (ii) “update the food additive legislation to reflect the establishment
of Annexes II and III to the Additive Regulation (EC) No. 1333/2008
and the removal of the transitional measure for the additive Directives”;
(iii) “amend the flavouring legislation to refer to the revised transitional
measures”; and (iv) “revoke The Food (Suspension of the Use of E128 Red 2G
as Food Colour) (England) Regulations 2007 No. 2266.”

The agency will accept comments from food manufacturers, suppliers and
distributors, consumers, and other stakeholders on both sets of regulations
until June 5, 2013.

About The Author

For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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