All of these regulations and guidance are made in order to ensure that existing rules will continue to be operable in England after the UK leaves the EU. A summary update of the new legislation and guidance published, with links, is provided below.
Food & Feed safety risk assessment & management
In the event of a ‘no deal’ Brexit the Government has provided guidance that decisions on food and feed safety and risk assessments particularly re GMOs and animal feed, treatments such as irradiation, additives, flavourings and enzymes, food contact material and novel foods, as well as the application process for authorisations, will be assessed by the Food Standards Agency (FSA) and Food Standards Scotland (FSS). It is stated that preparations for the FSA to undertake this work are already underway. Immediately after EU exit, food safety authorities (the FSA and FSS) will be responsible for providing risk management advice and recommendations for food and feed safety to ministers. Health ministers will then take the final decisions (involving other ministers as appropriate) based on the recommendation.
Seeds, Plant Material, Breeders & GMO Regulations
Defra has published new regulations to address deficiencies in domestic legislation on the marketing of seeds and plant propagating material arising from Brexit so that rules will continue to be operable after EU exit. The changes are for provisions which are inappropriate or redundant on withdrawal and to ensure continuity of supply of seed and propagating material.
Similarly new regulations have been published to protect Plant Breeders’ Rights when the UK leaves the EU and to ensure that rules for Genetically Modified Organisms continue to be operable in England after the UK leaves the EU
Official Controls, Animals & Exit
Defra has published Official Controls (Animals, Feed and Food) (England) Regulations which address deficiencies in domestic legislation so that after the UK leaves the EU retained direct EU legislation, the Regulation (EC) No 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules can continue to be enforced. Similarly new regulations to deal with legislative deficiencies post Brexit have been published covering: Animal By-Products & TSEs; Animal Welfare; Livestock Records; and Zoonotic Diseases Eradication & Control. All of these regulations are made in order to ensure that existing rules will continue to be operable in England after the UK leaves the EU.
Quality Schemes (Agricultural Products & Foodstuffs) Regulations
The Government has published 2018 Regulations for quality schemes for agricultural products and foodstuffs and supplementary requirements on official controls performed to ensure the verification of compliance with feed and food law, animal health and welfare rules. The regulations come into force on 1 January 2019.
Trade in Animals & Related Products (Amendment (EU Exit) Regs 2018
Defra has published the Trade in Animals and Related Products (Amendment) (EU Exit) Regulations 2018 which address deficiencies in domestic legislation concerning the trade in animals and related products arising from the withdrawal of the UK from the EU. No policy changes are being introduced by these amendments.