Emergency Powers and Planning (Jersey) Law 1990: Competent Authority for Food Orders: Law drafting instructions

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A decision made on 20 September 2019

Decision Reference: MD-E-2019-0046

Decision Summary Title :

Legislative Drafting Instructions – Orders for the Competent Authority for Food under the Emergency Powers and Planning (Jersey) Law 1990

Date of Decision Summary:

14 September 2019

Decision Summary Author:

Director

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Legislative Drafting Instructions – Orders for the Competent Authority for Food under the Emergency Powers and Planning (Jersey) Law 1990

Date of Written Report:

12 September 2019

Written Report Author:

Director

Written Report :

Public or Exempt?

Exempt

Article 35

Subject:

The overall purpose of these Orders, to be made by the Competent Authority for Food under the Emergency Powers and Planning (Jersey) Law 1990, is to allow the Minister to (i) require the Government to keep a list of Jersey food businesses, (ii) request contact details from food businesses for use in an unfolding emergency (the appointment of an ‘Emergency Contact’ for this purpose); (iii) require retailers, wholesalers and producers to provide information on current stock levels of key food products, and; (iv) temporarily prohibit sales or release of food products by retailers, wholesalers and producers.

Decision(s):

The Minister approved the drafting instructions for these Orders under the Emergency Powers and Planning (Jersey) Law 1990 and has directed that the instructions should now be passed to the Law drafting Officers to prepare the Orders.

Reason(s) for Decision:

These Orders will come into force only after approval by the Emergencies Council. In planning for the range of possible emergency scenarios in which the Orders would be of use to the Minister in his capacity as the Competent Authority for Food it is clear that in each of these scenarios time is of the essence. It is therefore necessary to draft these Orders before any such emergency arises.

Resource Implications:

There are only very limited manpower and resource implications for EDTSC arising from this decision, these being that EDTSC will be compelled to maintain a schedule of food businesses operating on Jersey. This is already done, in other formats, through for example Trading Standards.

Action required:

Legislative Drafters are requested to create the Orders as set out in the details within the Legislative Drafting Instructions.

Signature:

Senator L J Farnham

Position:

Minister for Economic Development, Tourism, Sport and Culture

Date Signed:

Date of Decision (If different from Date Signed)