
2022 No. 1193
Agriculture, England
Food, England
The Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022
Made 16th November 2022
Laid before Parliament 17th November 2022
Coming into force 17th January 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by Articles 53(1)(b) and 57a(6) of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (“Regulation 178/2002”) and Articles 47(2)(b), 54(4)(a) and (b) and 144(6) of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products (“Official Controls Regulation”).
As required by Article 9 of Regulation 178/2002, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

As required by Article 144(7) of the Official Controls Regulations, the Secretary of State has consulted with such bodies or persons as appear appropriate.
Citation, commencement, extent and application
1 

(1) These Regulations may be cited as the Official Controls (Imports of High Risk Food and Feed of Non-Animal Origin) (Amendment of Commission Implementing Regulation (EU) 2019/1793) (England) Regulations 2022 and come into force on 17th January 2023.
(2) These Regulations extend to England and Wales but apply in relation to England only.
Amendment of Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures, etc
2 

(1) Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660 is amended as follows.
(2) In Article 1, in paragraph 1(b)—
(a) in subparagraph (i), for “Table 1” substitute “Table 1 (England)”;
(b) in subparagraph (ii)—
(i) for “Table 1” substitute “Table 1 (England)”;
(ii) for “Table 2” substitute “Table 2 (England)”.
(3) In Article 8 —
(a) in paragraph 3—
(i) for both references to “Table 2” substitute “Table 2 (England)”;
(ii) for “Table 1”, in each place, substitute “Table 1 (England)”.
(b) In paragraph 4—
(i) for “Table 2” substitute “Table 2 (England)”;
(ii) for “Table 1”, in each place substitute “Table 1 (England)”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In Annex 2—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) for the second table (Compound food referred to in Article 1(1)(b)(ii) substitute the table in Schedule 3.
(6) In Annex 2a, for the table substitute the table in Schedule 4.
Neil O’Brien
Parliamentary Under-Secretary of State,
Department of Health and Social Care
16th November 2022
SCHEDULE 1
Substitution of the table in Annex I to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(4)
“”
SCHEDULE 2
Substitution of the first table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(5)(a)
“”
SCHEDULE 3
Substitution of the second table in Annex 2 to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(5)(b)
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Table 2: England
Compound food containing any of the individual products listed in table 1 of this Annex due to risk of contamination by aflatoxins in a quantity above 20% of either a single product or as the sum of products listed referred to in Article 1(1)(b)(ii)
CN Code
 Description

ex1704 90 Sugar confectionery (including white chocolate), not containing cocoa, other than chewing gum, whether or not sugar-coated.
ex 1806 Chocolate and other food preparations containing cocoa.
ex 1905 Bread, pastry, cakes, biscuits and other bakers’ wares, whether or not containing cocoa; communion wafers, empty cachets of a kind suitable for pharmaceutical use, sealing wafers, rice paper and similar products.
0910 91 Mixtures of spices
.



”
SCHEDULE 4
Substitution of the table in Annex 2a to Commission Implementing Regulation (EU) 2019/1793 in relation to England
Regulation 2(6)
“

Table: England
Food and feed from certain third countries subject to suspension of entry into Great Britain referred to in Article 11a
Row Country of origin Food and feed (intended use) CN code TARIC sub-division Hazard
1 Nigeria (NG) Foodconsisting ofdried beans(Food) 0713 35 00  Pesticide residues
0713 39 00
0713 90 00
”