Health and Care Bill: food information for consumers – powers to amend retained EU law
Updated 10 March 2022
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As demonstrated In the Health and Social Care Select Committee Report 2021 to 2022, the UK Faculty of Public Health, Association of Directors of Public Health and the Local Government Association welcomed the measures in relation to better food labelling requirements and obesity measures.
This fact sheet explains how the government plans to introduce powers that enable the Secretary of State in England, and Ministers in Wales and Scotland, to amend retained Regulation (EU) No. 1169/2011 and introduce new food and drink labelling and presentation requirements, applicable to their relevant territories.
Background
Labelling is an important tool to help people make more informed choices about the food and drink they are purchasing. We have seen this through our voluntary multiple traffic light labelling scheme, with 9 in 10 shoppers agreeing it helps them to make informed decisions when purchasing food.
This clause will allow the Secretary of State in England and ministers in Scotland and Wales to respond to evidence and tailor labelling requirements to meet domestic consumer and health needs.
In July last year, the government’s obesity strategy, Tackling obesity: empowering adults and children to live healthier lives, included a commitment to consult on front of pack nutrition labelling and whether to mandate alcohol calorie labelling to help support consumers make healthier choices.
As a nation we are eating and drinking too many calories. Many adults are consuming 200 to 300 extra calories a day and children who are already overweight or living with obesity are consuming up to 500 calories extra. We need to make it easier for people to make informed choices about what they eat, and clear, transparent food labelling has an important role to play.
In addition to supporting the government’s obesity strategy this power will also help ministers deliver on wider government objectives including options to deliver on the forthcoming food strategy White Paper, which sets out government ambitions and direction for food system transformation.
What the Bill will do
Retained Regulation (EU) No. 1169/2011 was incorporated into domestic law under the EU (Withdrawal) Act 2018 and sets out requirements on the provision of food information to consumers which includes the labelling of prepacked food and drink in the UK. The EU (Withdrawal) Act 2018 provides limited routes for amending retained direct principal EU legislation and therefore it is necessary to make express provision to allow amendments to be made to this piece of retained direct principal EU legislation.
The Health and Care Bill gives power to the Secretary of State in England and ministers in Scotland and Wales to amend the retained Regulation (EU) No. 1169/2011 through regulations.
Regulations made under the new power are subject to the affirmative process. This means that the Regulations made by the Secretary of State in England and ministers in Wales and Scotland must be approved by their respective chambers (either both Houses of Parliament, Senedd Cymru or Scottish Parliament).
This clause therefore allows the Secretary of State in England and ministers in Scotland and Wales to implement new policies regarding food and drink labelling requirements applicable to their relevant territories, whilst ensuring changes introduced via this power are debated and approved before implementation.
How these provisions help improve public health
This power will allow the Secretary of State in England, and ministers in Scotland and Wales to make regulations under section 16(1)(e) of the Food Safety Act 1990 applicable to their respective territories, amending retained Regulation 1169/2011 on the provision of food information.
These regulations will be evidence-based and will better support citizens to make more informed decisions about what they are purchasing. Scientific evidence and consumer needs continue to evolve, and we do not currently have the ability to respond to those changes as and when they occur by making regulations amending retained Regulation 1169/2011.
This power will support ministers to deliver on the government’s ambitions to tackle obesity by introducing improvements to food labelling requirements, subject to the outcome of relevant consultations. It will also help ministers deliver on wider government objectives including options to deliver on the forthcoming food strategy White Paper, which sets out government ambitions and direction for food system transformation.