Amendment Paper as at
Thursday 22nd July 1999
CONSIDERATION OF BILL
FOOD STANDARDS BILL, AS AMENDED
NEW CLAUSES
Labelling of food products
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
NC1
To move the following Clause:—
'.—The Agency has a duty to require that all food products are accurately labelled with a complete list of ingredients, whether they are genetically-modified, the country of origin of each major ingredient and the system of production where appropriate.'.
Sources of food
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
NC2
To move the following Clause:—
'.—(1) In exercising its functions the Agency shall have equal regard to food from all sources, whether from the United Kingdom, from other European Union member states or from third countries, and shall ensure that its responsibilities under sections 10 to 15 are so equally applied.
(2) Nothing in subsection (1) of this section implies powers to contravene European Community legislation.'.
Exercise of functions in Wales
Mr Elfyn Llwyd
Mr Ieuan Wyn Jones
Mr Dafydd Wigley
Mr Cynog Dafis
NC3
To move the following Clause:—
'(1) This section applies if the National Assembly for Wales passes a resolution expressing the view that the functions of the Agency ought not to be exercisable in or as regards Wales.
(2) The National Assembly for Wales shall—
(a) consider the matters referred to in this Act, and
(b) within three months of a resolution of the sort referred to in subsection (1) above, make provision for the functions of the Agency provided for in this Act to be carried out in ways other than those provided for in this Act.'.
Dr Peter Brand
Mr Andrew George
33
Page 2, line 13 [Clause 2], at end insert—
'(3A) Where the authorities or authority making the appointment consider in accordance with subsection 3(b) that a person whom it is proposed to appoint has a financial interest that is likely to prejudice the exercise of his duties, that person shall not be further considered for appointment until he has divested himself of that interest.'.
Mr Elfyn Llwyd
Mr Ieuan Wyn Jones
Mr Dafydd Wigley
Mr Cynog Dafis
15
Page 2, line 38 [Clause 4], at end insert—
'(2A) The report of the Agency shall include an assessment by the Agency of the fairness or otherwise of the exercise of its functions as between larger and smaller companies and premises.'.
Mr Chris Mullin
Norman Baker
Mr Tom Brake
Mr Peter Bottomley
11
Page 3, line 19 [Clause 6], at end insert—
'(1B) Without prejudice to the generality of subsection (1), the Agency has the function of—
(a) investigating and monitoring the effect on food safety of—
(i) animal husbandry systems and practices with inadequate standards of animal health and welfare;
(ii) the routine use of antibiotics on farm animals for growth promotion or prophylactic purposes; and
(iii) slaughterhouse systems and practices with inadequate standards of hygiene and animal welfare; and
(b) developing policies relating to any matters identified during the investigation and monitoring mentioned in sub-paragraph (a) which the Agency considers have a significant effect on food safety.'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
2
Page 3, line 25 [Clause 6], at end insert—
'(4) Any authority making such a request shall immediately publish its reasons for so doing.'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
8
Page 3, line 35 [Clause 7], after 'matters', insert ', including the country of origin of all major ingredients,'.
Mr Jeff Rooker
19
Page 5, line 3 [Clause 11], leave out from 'out' to end of line and insert 'any observations under section 10 specified in the authorisation.
(1A) No authorisation under this section shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub-committee or member of the Agency acting on behalf of the Agency.'.
Mr Jeff Rooker
20
Page 5, line 7 [Clause 11], leave out from 'out' to end of line and insert 'the observations specified in his authorisation'.
Mr Jeff Rooker
21
Page 5, line 18 [Clause 11], leave out from 'shall' to end of line 19 and insert 'on request—
(a) produce his authorisation before exercising any powers under subsection (3); and
(b) provide a document identifying any sample taken, or documents copied, under those powers.'.
Mr Jeff Rooker
22
Page 5, line 29 [Clause 11], leave out from beginning to 'any' and insert 'If an authorised person who enters'.
Mr Jeff Rooker
23
Page 5, line 31 [Clause 11] leave out from 'secret' to 'guilty' in line 32 and insert 'he is, unless the disclosure is made in the performance of his duty,'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
3
Page 6, line 21 [Clause 12], at end insert—
'(6) In any case where the Agency itself or a body for which it is accountable is the enforcement authority, subsection (1) shall not have effect and the function of monitoring enforcement shall be held by the Secretary of State.'.
Dr Peter Brand
Mr Andrew George
34
Page 6, line 21 [Clause 12], at end insert—
'(6) The Agency shall direct all enforcement authorities to provide information to it on their performance against the standards of performance set under subsection (2).
(7) The Agency shall publish information provided under subsection (6) as part of its report on its activities and performance during each financial year.'.
Mr Jeff Rooker
24
Page 6, line 42 [Clause 14], at end insert—
'(1A) No authorisation under this section shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub-committee or member of the Agency acting on behalf of the Agency.'.
Mr Jeff Rooker
25
Page 7, line 24 [Clause 14], leave out from 'shall' to end of line 25 and insert 'on request—
(a) produce his authorisation before exercising any powers under subsection (3); and
(b) provide a document identifying any sample taken, or documents copied, under those powers.'.
Mr Jeff Rooker
26
Page 7, line 26 [Clause 14] leave out from beginning to 'any' in line 27 and insert 'If a person who enters'.
Mr Jeff Rooker
27
Page 7, line 29 [Clause 14] leave out from 'secret' to 'guilty' in line 30 and insert 'he is, unless the disclosure is made in the performance of his duty,'.
Mr Christopher Gill
12
Page 10, line 43 [Clause 21], at end insert—
'(4) The Agency shall make a report to Parliament on the exercise of its powers under this section in each calendar year.'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
1
Page 11, line 24 [Clause 22], at end insert—
'(d) establishing a procedure, and publishing details thereof, whereby any public authority or any person may respond to, challenge, or appeal against any statement, advice, request, recommendation, decision, action or omission by the Agency,'.
Mr Elfyn Llwyd
Mr Ieuan Wyn Jones
Mr Dafydd Wigley
Mr Cynog Dafis
16
Page 11, line 24 [Clause 22], at end insert—
'(d) securing that its activities are conducted fairly as regards its treatment of—
(i) larger and smaller companies, and
(ii) larger and smaller premises.'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
6
Page 11, line 29 [Clause 22], at end insert—
'(3A) The statement shall be submitted to Parliament, to the Scottish Parliament, to the National Assembly for Wales and to the Northern Ireland Assembly for approval by each.'.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
5
Page 11 [Clause 22], leave out lines 31 to 34.
Mr Tim Yeo
Mr James Paice
Mrs Caroline Spelman
4
Page 11, line 35 [Clause 22], leave out from 'statement' to end of line 37.
Dr Peter Brand
Mr Andrew George
32
Page 12, line 7 [Clause 23], after 'considering;', insert—
'(c) the proportionality of the likely costs and benefits of the exercise or non-exercise by the Agency of its powers in relation to the nature and magnitude of any relevant risks to public health, including the proportionality in relation to small food processors, craft producers and small food retailers;'.
