Anwendungsbereich des Regulatory Essentials
Geltende Rechtsvorschriften:
The Food Safety Act 1990 (as amended) provides the framework for all food legislation in the England, Wales and Scotland.
SCHEDULE 1 - Provisions of Regulations under Section 16(1) - Food safety and consumer protection.
Food hygiene
5(1) Provision for imposing requirements as to—
(a) the construction, maintenance, cleanliness and use of food premises, including any parts of such premises in which equipment and utensils are cleaned, or in which refuse is disposed of or stored;
(b) the provision, maintenance and cleanliness of sanitary and washing facilities in connection with such premises; and
(c) the disposal of refuse from such premises.
(2) Provision for imposing requirements as to—
(a) the maintenance and cleanliness of equipment or utensils used for the purposes of a food business; and
(b) the use, for the cleaning of equipment used for milking, of cleaning agents approved by or under the regulations.
(3) Provision for requiring persons who are or intend to become involved in food businesses, whether as proprietors or employees or otherwise, to undergo such food hygiene training as may be specified in the regulations.
Transposition of the European Union Machinery Directive 2006/42/EC into the national law of the United Kingdom.
2. SUPPLEMENTARY ESSENTIAL HEALTH AND SAFETY REQUIREMENTS FOR CERTAIN CATEGORIES OF MACHINERY
2.1. FOODSTUFFS MACHINERY AND MACHINERY FOR COSMETICS OR PHARMACEUTICAL PRODUCTS
2.1.1. General
Machinery intended for use with foodstuffs or with cosmetics or pharmaceutical products must be designed and constructed in such a way as to avoid any risk of infection, sickness or contagion.
The following requirements must be observed:
(a) materials in contact with, or intended to come into contact with, foodstuffs or cosmetics or pharmaceutical products must satisfy the conditions set down in the relevant enactments.The machinery must be designed and constructed in such a way that these materials can be cleaned before each use. Where this is not possible disposable parts must be used;
(b) all surfaces in contact with foodstuffs or cosmetics or pharmaceutical products, other than surfaces of disposable parts, must:
— be smooth and have neither ridges nor crevices which could harbour organic materials. The same applies to their joinings,
— be designed and constructed in such a way as to reduce the projections, edges and recesses of assemblies to a minimum,
— be easily cleaned and disinfected, where necessary after removing easily dismantled parts; the inside surfaces must have curves with a radius sufficient to allow thorough cleaning;
(c) it must be possible for liquids, gases and aerosols deriving from foodstuffs, cosmetics or pharmaceutical products as well as from cleaning, disinfecting and rinsing fluids to be completely discharged from the machinery (if possible, in a “cleaning” position);
(d) machinery must be designed and constructed in such a way as to prevent any substances or living creatures, in particular insects, from entering, or any organic matter from accumulating in, areas that cannot be cleaned;
(e) machinery must be designed and constructed in such a way that no ancillary substances hazardous to health, including the lubricants used, can come into contact with foodstuffs, cosmetics or pharmaceutical products. Where necessary, machinery must be designed and constructed in such a way that continuing compliance with this requirement can be checked.
The Food Safety and Hygiene (England) Regulations 2013 ( SI 2013 No. 2996 - amended)
Enforces and executes Regulation (EC) 178/2002 and the EU food hygiene Regulations
and provides national rules for:
• Temperature control at retail;
• Sales of raw cows’ drinking milk
• Bulk transport of oils, fats and raw sugar at sea.
• Direct supply of small quantities of meat of poultry
& lagomorphs (dt.: Hasenartige) slaughtered on farm
There are parallel instruments in force in Northern Ireland, Scotland, Wales.
For an overview, please see the "Food Standards Agency Food and Feed Law Guide - 2020"
The Statutory Instrument (SI) will come into force on 01-OCT-2024 and has two main objectives:
- To revoke the expiry date of the recognition of certain European Union (EU) requirements relating to goods, which is due to end on 31-DEC-2024 and to remove the associated transitional provisions which are no longer required. This will allow continued recognition of EU requirements for the product regulations within scope for goods placed on the market in Great Britain (GB); and
- To replace the expiry provision and the associated transitional provisions, with a provision that recognises EU testing or conformity assessment procedures. This will mean that, where manufacturers have undertaken conformity assessment procedures with EU recognised bodies, the United Kingdom Conformity Assessed (UKCA) marking may be used, instead of the relevant EU conformity
marking.
Kommentar bezüglich der Vergleichbarkeit mit der EU-Gesetzgebung:
The Supply of Machinery (Safety) Regulations and The Food Safety and Hygiene Regulations are adopted EU Directives. ...