House of Lords Amendments - Food Standards Bill

House of Lords

Session 1998-99
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Amendments to the Food Standards Bill

Food Standards Bill -
Amendments to be debated in the House of Lords
Here you can browse the Second Marshalled List of Amendments to the Food Standards Bill to be moved in Grand Committee in the House of Lords.

[Amendments marked * are new or have been altered]

Amendment
No.

After Clause 8

BY THE BARONESS BYFORD
THE LORD LUKE

28      Insert the following new Clause--

    ("  .  The Agency has the function of--
(a)  providing guidance on the content of labels or descriptions (or both) to be supplied with food;

(b)  monitoring, at the point of sale, that all classes of food have been produced according to the standards applying to each class;

(c)  continuing to fund research into nutrition.")
Functions of the Agency: labelling, monitoring and nutrition.

Clause 9

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

29      Page 4, line 7, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")

30      Page 4, line 8, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")

31      Page 4, line 9, after ("safety") insert ("and standards including nutrition and labelling")

32      Page 4, line 10, at end insert (", although these matters shall be secondary to the Agency's primary function of promoting and protecting public health")

33      Page 4, line 15, leave out ("substitution, for") and insert ("addition to")

34      Page 4, line 16, after first ("feedingstuffs") insert ("and pesticides and veterinary medicines" ")

35      Page 4, line 16, at end insert ("and pesticides and veterinary medicines"")

36      Page 4, line 17, after ("feedingstuffs") insert ("and pesticides and veterinary medicines" ")

37      Page 4, line 18, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")

BY THE BARONESS BYFORD
THE LORD LUKE

38      Page 4, line 19, at end insert ("and in relation to risks to human health which may arise in connection with consumption further down the food chain")

Clause 10

BY THE BARONESS HAYMAN

39      Page 4, line 32, after ("activities;") insert--

         2 ("(ba)  premises, businesses or operations involved in fish farming;")

BY THE EARL OF RADNOR
[As an amendment to Amendment 39]

40      Line 2, at end insert ("for the production of food")

BY THE BARONESS HAYMAN

41
br>         3      Page 4, line 43, at end insert ("; and
fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc)")

BY THE EARL OF RADNOR
[As an amendment to Amendment 41]

42      Line 3, after ("shellfish") insert ("for the production of food")

Clause 11

BY THE BARONESS HAYMAN

43      Page 5, line 13, at end insert--

    ("(ba)  take samples from any food source found on any premises;")

BY THE BARONESS BYFORD
THE LORD LUKE

44      Page 5, line 20, at end insert--
("(e)  reimburse any such business for reasonable costs incurred in copying or providing the information requested;")

45      Page 5, line 27, leave out subsection (6)

46      Page 5, line 35, at end insert ("; and
(c)  for which there is written authorisation to disclose from the person concerned")

47      Page 5, line 38, after ("secret") insert (", or personal data,")

Clause 14

BY THE BARONESS BYFORD
THE LORD LUKE

48      Page 7, line 18, after ("any") insert ("competent")

BY THE BARONESS THORNTON
THE EARL OF SELBORNE

48A      Page 7, line 22, at end insert--
("(  )  any official laboratory;")

BY THE EARL OF RADNOR

49      Page 7, line 32, at end insert--

    ("(  )  On entering relevant premises an authorised person and any person accompanying that authorised person must observe the rules of hygiene enforced on those premises.")

BY THE BARONESS HAYMAN

50      Page 8, line 2, leave out from ("1991") to ("a") in line 3 and insert ("(in this Act referred to as "the 1991 Order") or orders or regulations made under it is (by virtue of Article 26(1A), (1B), (2), (3) or (3A) of that Order)")

Clause 15

BY THE BARONESS HAYMAN

51      Page 8, line 11, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")

52      Page 8, line 23, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")

Clause 17

BY THE LORD MACKAY OF ARDBRECKNISH
THE BARONESS BYFORD

53      Page 9, leave out lines 4 to 6 and insert--

    ("(1)  The Secretary of State on receiving a request by the Agency shall make orders under--")

54      Page 9, line 10, leave out subsections (2) and (3)

55      Page 9, line 17, at end insert ("without any request from the Agency")

BY THE BARONESS HAYMAN

56      Page 9, line 18, leave out from ("modifications") to ("as") in line 21 and insert ("--
(a) to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and

(b) to the power of a Northern Ireland Department to make orders under section 1(1) of the Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order,")

Clause 19

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY
THE BARONESS WILCOX

57      Page 9, line 27, leave out from ("Agency") to ("publish") in line 28 and insert ("shall (unless it can justify specific considerations of confidentiality why it should not)")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

57A      Page 9, line 27, leave out from ("Agency") to ("in") in line 28 and insert ("shall, subject to the following provisions of this section, publish or disclose")

58      Page 9, line 31, after ("through") insert ("monitoring and research under section 8")

BY THE BARONESS BYFORD
THE LORD LUKE

59      Page 9, line 33, after ("information") insert (", excluding personal data,")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY

60      Page 9, line 39, leave out subsection (3)

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

60A      Page 9, line 42, at end insert--

    ("(  ) The Agency shall publish the criteria it shall take into consideration in subsection (3) when deciding whether information is confidential or whether it should be published or disclosed in the public interest.")

BY THE BARONESS HAYMAN

61      Page 10, line 13, leave out subsections (7) and (8) and insert--

    ("(  )  In this section "enactment" means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.")

Clause 20

BY THE BARONESS BYFORD
THE LORD LUKE

62      Page 10, line 33, at end insert ("but ensuring that the guidance is received by the relevant authorities before it is released to the general public or the media")

Clause 21

BY THE BARONESS BYFORD
THE LORD LUKE

63      Page 10, line 43, at end insert--

    ("(  )  The Agency shall publish a notice period of not less than twenty working days before implementation of any activity which does not fall under section 20.")

Clause 22

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY

64      Page 11, line 11, after ("shall") insert (", following consultation with all interested parties including members of the public,")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

65      Page 11, line 16, after ("activities") insert ("and any administrative arrangements established within concordats with other appropriate bodies")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY

66      Page 11, line 17, leave out (", where appropriate,")

BY THE BARONESS WILCOX
THE LORD CLEMENT-JONES

67      Page 11, line 30, leave out ("its decisions") and insert ("the decisions of the Agency and its committees and Agency representatives on other committees")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

68      Page 12, line 1, after ("section") insert (", following consultation with all interested parties including members of the public,")

BY THE BARONESS BYFORD
THE LORD LUKE

69      Page 12, line 6, at end insert--

    ("(9)  The Agency shall submit annually to Parliament on the anniversary of the approval of its first statement a revised version laying down its current objectives and how it intends to attain them.")

Clause 23

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY

70      Page 12, line 15, after ("costs") insert (", including any potential long-term costs to public health,")

BY THE BARONESS BYFORD
THE LORD LUKE

71      Page 12, line 19, at end insert ("; and
(  )  whether it is possible simultaneously to reduce the burden or cost (or both) of bureaucracy elsewhere")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES
THE EARL BALDWIN OF BEWDLEY

72      Page 12, line 19, at end insert ("; and
(  ) the precautionary principle")

BY THE BARONESS BYFORD
THE LORD LUKE

73      Page 12, line 19, at end insert ("; and
(  )  the need for transparency, accountability, targeting, consistency and proportionality in the conduct of its activities")

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

73A*      Page 12, line 19, at end insert ("; and
(  )  the probable impacts (including cost) upon small food processors, craft producers and small food retailers")

Clause 24

BY THE BARONESS HAYMAN

74      Page 12, line 36, leave out paragraph (b) and insert--
("(b)  by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the Scotland Act 1998);")

After Clause 24

BY THE BARONESS BYFORD
THE LORD LUKE

75      Insert the following new Clause--

    ("  .--(1) The Secretary of State shall set in place an appeals procedure under which individuals or bodies may appeal against decisions of the Agency.

    (2)  If an appeal is upheld the Secretary of State may give the Agency such directions as he may consider appropriate for remedying the situation.") Appeals.

Clause 26

BY THE BARONESS HAYMAN

76      Page 14, line 31, leave out subsection (2) and insert--

    ("(2)  The functions of the Department of Agriculture for Northern Ireland under--
(a)  Part I of the Food and Environment Protection Act 1985; and

(b)  Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1),
shall cease to be exercisable by that Department.

    (3)  Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).")

After Clause 26

BY THE BARONESS BYFORD
THE LORD LUKE

77      Insert the following new Clause--

    (".  Responsibility for the Meat and Hygiene Service shall be assumed directly by the Secretary of State.") Meat and Hygiene Service.

BY THE VISCOUNT THURSO
THE LORD CLEMENT-JONES

77A*      Insert the following new Clause--

    ("  .  The Meat and Hygiene Service shall continue to operate and exercise its functions separately from the Food Standards Agency:") Exercise of functions.

Clause 27

BY THE BARONESS BYFORD
THE LORD LUKE

78      Page 15, line 19, after ("other") insert ("specified")

Clause 28

BY THE BARONESS BYFORD
THE LORD LUKE

79      Page 16, line 2, after ("for") insert ("or knowledge of")

80      Page 16, line 6, leave out ("Ministers") and insert ("Departments")

81      Page 16, line 7, leave out ("Ministers") and insert ("Departments")

© Parliamentary copyright 1999
Prepared 13 October 1999

	[Amendments marked are new or have been altered*]
Amendment No.
	After Clause 8
	BY THE BARONESS BYFORD THE LORD LUKE
28	Insert the following new Clause--
	(" . The Agency has the function of-- (a) providing guidance on the content of labels or descriptions (or both) to be supplied with food; (b) monitoring, at the point of sale, that all classes of food have been produced according to the standards applying to each class; (c) continuing to fund research into nutrition.")	Functions of the Agency: labelling, monitoring and nutrition.
	Clause 9
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
29	Page 4, line 7, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")
30	Page 4, line 8, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")
31	Page 4, line 9, after ("safety") insert ("and standards including nutrition and labelling")
32	Page 4, line 10, at end insert (", although these matters shall be secondary to the Agency's primary function of promoting and protecting public health")
33	Page 4, line 15, leave out ("substitution, for") and insert ("addition to")
34	Page 4, line 16, after first ("feedingstuffs") insert ("and pesticides and veterinary medicines" ")
35	Page 4, line 16, at end insert ("and pesticides and veterinary medicines"")
36	Page 4, line 17, after ("feedingstuffs") insert ("and pesticides and veterinary medicines" ")
37	Page 4, line 18, after ("feedingstuffs") insert ("and pesticides and veterinary medicines")
	BY THE BARONESS BYFORD THE LORD LUKE
38	Page 4, line 19, at end insert ("and in relation to risks to human health which may arise in connection with consumption further down the food chain")
	Clause 10
	BY THE BARONESS HAYMAN
39	Page 4, line 32, after ("activities;") insert--
2	("(ba) premises, businesses or operations involved in fish farming;")
	BY THE EARL OF RADNOR [As an amendment to Amendment 39]
40	Line 2, at end insert ("for the production of food")
	BY THE BARONESS HAYMAN
41 br> 3	Page 4, line 43, at end insert ("; and fish farming" means the breeding, rearing or keeping of fish or shellfish (which includes any kind of crustacean or mollusc)")
	BY THE EARL OF RADNOR [As an amendment to Amendment 41]
42	Line 3, after ("shellfish") insert ("for the production of food")
	Clause 11
	BY THE BARONESS HAYMAN
43	Page 5, line 13, at end insert-- ("(ba) take samples from any food source found on any premises;")
	BY THE BARONESS BYFORD THE LORD LUKE
44	Page 5, line 20, at end insert-- ("(e) reimburse any such business for reasonable costs incurred in copying or providing the information requested;")
45	Page 5, line 27, leave out subsection (6)
46	Page 5, line 35, at end insert ("; and (c) for which there is written authorisation to disclose from the person concerned")
47	Page 5, line 38, after ("secret") insert (", or personal data,")
	Clause 14
	BY THE BARONESS BYFORD THE LORD LUKE
48	Page 7, line 18, after ("any") insert ("competent")
	BY THE BARONESS THORNTON THE EARL OF SELBORNE
48A	Page 7, line 22, at end insert-- ("( ) any official laboratory;")
	BY THE EARL OF RADNOR
49	Page 7, line 32, at end insert-- ("( ) On entering relevant premises an authorised person and any person accompanying that authorised person must observe the rules of hygiene enforced on those premises.")
	BY THE BARONESS HAYMAN
50	Page 8, line 2, leave out from ("1991") to ("a") in line 3 and insert ("(in this Act referred to as "the 1991 Order") or orders or regulations made under it is (by virtue of Article 26(1A), (1B), (2), (3) or (3A) of that Order)")
	Clause 15
	BY THE BARONESS HAYMAN
51	Page 8, line 11, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")
52	Page 8, line 23, leave out ("Food Safety (Northern Ireland) Order 1991") and insert ("1991 Order")
	Clause 17
	BY THE LORD MACKAY OF ARDBRECKNISH THE BARONESS BYFORD
53	Page 9, leave out lines 4 to 6 and insert-- ("(1) The Secretary of State on receiving a request by the Agency shall make orders under--")
54	Page 9, line 10, leave out subsections (2) and (3)
55	Page 9, line 17, at end insert ("without any request from the Agency")
	BY THE BARONESS HAYMAN
56	Page 9, line 18, leave out from ("modifications") to ("as") in line 21 and insert ("-- (a) to any power mentioned in subsection (1) so far as it is exercisable by the National Assembly for Wales or the Scottish Ministers, and (b) to the power of a Northern Ireland Department to make orders under section 1(1) of the Food and Environment Protection Act 1985 or Article 12(1) of the 1991 Order,")
	Clause 19
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY THE BARONESS WILCOX
57	Page 9, line 27, leave out from ("Agency") to ("publish") in line 28 and insert ("shall (unless it can justify specific considerations of confidentiality why it should not)")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
57A	Page 9, line 27, leave out from ("Agency") to ("in") in line 28 and insert ("shall, subject to the following provisions of this section, publish or disclose")
58	Page 9, line 31, after ("through") insert ("monitoring and research under section 8")
	BY THE BARONESS BYFORD THE LORD LUKE
59	Page 9, line 33, after ("information") insert (", excluding personal data,")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY
60	Page 9, line 39, leave out subsection (3)
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
60A	Page 9, line 42, at end insert-- ("( ) The Agency shall publish the criteria it shall take into consideration in subsection (3) when deciding whether information is confidential or whether it should be published or disclosed in the public interest.")
	BY THE BARONESS HAYMAN
61	Page 10, line 13, leave out subsections (7) and (8) and insert-- ("( ) In this section "enactment" means an enactment contained in, or in subordinate legislation made under, any Act, Act of the Scottish Parliament or Northern Ireland legislation.")
	Clause 20
	BY THE BARONESS BYFORD THE LORD LUKE
62	Page 10, line 33, at end insert ("but ensuring that the guidance is received by the relevant authorities before it is released to the general public or the media")
	Clause 21
	BY THE BARONESS BYFORD THE LORD LUKE
63	Page 10, line 43, at end insert-- ("( ) The Agency shall publish a notice period of not less than twenty working days before implementation of any activity which does not fall under section 20.")
	Clause 22
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY
64	Page 11, line 11, after ("shall") insert (", following consultation with all interested parties including members of the public,")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
65	Page 11, line 16, after ("activities") insert ("and any administrative arrangements established within concordats with other appropriate bodies")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY
66	Page 11, line 17, leave out (", where appropriate,")
	BY THE BARONESS WILCOX THE LORD CLEMENT-JONES
67	Page 11, line 30, leave out ("its decisions") and insert ("the decisions of the Agency and its committees and Agency representatives on other committees")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
68	Page 12, line 1, after ("section") insert (", following consultation with all interested parties including members of the public,")
	BY THE BARONESS BYFORD THE LORD LUKE
69	Page 12, line 6, at end insert-- ("(9) The Agency shall submit annually to Parliament on the anniversary of the approval of its first statement a revised version laying down its current objectives and how it intends to attain them.")
	Clause 23
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY
70	Page 12, line 15, after ("costs") insert (", including any potential long-term costs to public health,")
	BY THE BARONESS BYFORD THE LORD LUKE
71	Page 12, line 19, at end insert ("; and ( ) whether it is possible simultaneously to reduce the burden or cost (or both) of bureaucracy elsewhere")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES THE EARL BALDWIN OF BEWDLEY
72	Page 12, line 19, at end insert ("; and ( ) the precautionary principle")
	BY THE BARONESS BYFORD THE LORD LUKE
73	Page 12, line 19, at end insert ("; and ( ) the need for transparency, accountability, targeting, consistency and proportionality in the conduct of its activities")
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
73A*	Page 12, line 19, at end insert ("; and ( ) the probable impacts (including cost) upon small food processors, craft producers and small food retailers")
	Clause 24
	BY THE BARONESS HAYMAN
74	Page 12, line 36, leave out paragraph (b) and insert-- ("(b) by the Scottish Ministers (in so far as it is exercisable by them within devolved competence or by virtue of an Order in Council made under section 63 of the Scotland Act 1998);")
	After Clause 24
	BY THE BARONESS BYFORD THE LORD LUKE
75	Insert the following new Clause--
	(" .--(1) The Secretary of State shall set in place an appeals procedure under which individuals or bodies may appeal against decisions of the Agency. (2) If an appeal is upheld the Secretary of State may give the Agency such directions as he may consider appropriate for remedying the situation.")	Appeals.
	Clause 26
	BY THE BARONESS HAYMAN
76	Page 14, line 31, leave out subsection (2) and insert-- ("(2) The functions of the Department of Agriculture for Northern Ireland under-- (a) Part I of the Food and Environment Protection Act 1985; and (b) Part II of the 1991 Order (except Articles 8(7), 10(5) to (7), 11(5) to (10), 18(1), 22 and 25(2)(e) and Schedule 1), shall cease to be exercisable by that Department. (3) Subsections (1) and (2) do not affect enforcement functions under directions or subordinate legislation under the enactments mentioned in those subsections (or any power under those enactments to confer such functions in directions or subordinate legislation).")
	After Clause 26
	BY THE BARONESS BYFORD THE LORD LUKE
77	Insert the following new Clause--
	(". Responsibility for the Meat and Hygiene Service shall be assumed directly by the Secretary of State.")	Meat and Hygiene Service.
	BY THE VISCOUNT THURSO THE LORD CLEMENT-JONES
77A*	Insert the following new Clause--
	(" . The Meat and Hygiene Service shall continue to operate and exercise its functions separately from the Food Standards Agency:")	Exercise of functions.
	Clause 27
	BY THE BARONESS BYFORD THE LORD LUKE
78	Page 15, line 19, after ("other") insert ("specified")
	Clause 28
	BY THE BARONESS BYFORD THE LORD LUKE
79	Page 16, line 2, after ("for") insert ("or knowledge of")
80	Page 16, line 6, leave out ("Ministers") and insert ("Departments")
81	Page 16, line 7, leave out ("Ministers") and insert ("Departments")