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Food Safety (Labelling) (Jersey) Order 2005 :Amendment: Law Drafting Instructions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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A decision made on 17 December 2018

Decision Reference:  MD-PE-2018-0091

Decision Summary Title:

Approval to request legislative drafting to update the Food Safety (Labelling) (Jersey) Order 2005

Date of Decision Summary:

13 December 2018

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Approval to request legislative drafting to update the Food Safety (Labelling) (Jersey) Order 2005 - Report

Date of Written Report:

13 December 2018

Written Report Author:

Assistant Director of Environmental Health

Written Report :

Public or Exempt?

Public

Subject:

Approval to request legislative drafting to update the Food Safety (Labelling) (Jersey) Order 2005

Decision(s):

The Minister approved the legislative drafting request for amendments to the Food Safety (Labelling) Jersey) Order 2005, in light of the United Kingdom leaving the European Union in March 2019.

Reason(s) for Decision:  

To enable food to continue to be legally imported into Jersey from the UK, after the United Kingdom leaves the European Union in March 2019.

Resource Implications: There are no financial or manpower resource implications.

Action required:

Principal Legislative Drafter requested to draft amendments to the Food Safety (Labelling) (Jersey) Order 2005

Signature:

 

 

 

 

Deputy John Young

Position:

 

 

 

 

Minister for the Environment              

Date Signed:

Date of Decision: (if different from Date Signed)

 

 

Food Safety (Labelling) (Jersey) Order 2005: Amendment: Law Drafting Instructions

 

 GROWTH, HOUSING AND ENVIRONMENT

 

Report

 

Approval to request legislative drafting to update the

Food Safety (Labelling) (Jersey) Order 2005

 

 

Purpose of the Report

 

For the Minister to request legislative drafting time to make amendments to the Food Safety (Labelling) (Jersey) Order 2005, in light of the United Kingdom’s (UK) decision to exit the European Union (EU). 
 

Background

 

Jersey’s Food Safety (Jersey) Law 1966 ensures the cleanliness and purity of foodstuffs.

 

In accordance with Article 9 of the Law, the Minister may make Orders as to labelling and description of food.

 

The UK’s decision to leave the EU requires minor alterations to the Food Safety (Labelling) (Jersey) Order 2005 to ensure UK imports remain in compliance with Jersey legislation.

 

Details
 

The Law Officer’s Department require confirmation from the Minister that changes can be made to the Order.

 

This change will enable imports from the UK to comply with the Order post Brexit.

 

The legislation in its current format only refers to the EEA, which would mean UK imports would not be recognised by the Order in its current form.

 

Failure to implement these changes would result in UK food imports failing to be legal from the day the UK exits the European Union (11pm 29 March 2019).

 

Recommendation

 

The Minister is recommended to request legislative drafting time for amendments to the Food Safety (Labelling) (Jersey) Order 2005. 

 

Written by: Assistant Director of Environmental Health

Approved by: Group Director, Regulation

 

13 December 2018

 

Ministerial Decision Case Ref: MD-PE-2018-0091

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