Part 6: Miscellaneous Food and Drink Section 174: Food information for consumers: power to amend retained EU law
This section introduces new section 16(3A) and (3B) to the Food Safety Act 1990 and allows the Secretary of State (in relation to England) and Ministers in Scotland (in relation to Scotland) and Ministers in Wales (in relation to Wales) to amend by regulations pursuant to section 16(1)(e) requirements set out in retained direct principal EU legislation, Regulation (EU) No. 1169/2011 relating to food information and labelling. Section 16(1)(e) outlines which matters the regulations made under the power in this subsection may concern. For example, regulating, labelling, marking, presenting or advertising of food, and the descriptions which may be applied to food.
	Subsection (2) of the section amends section 48 of the Food Safety Act 1990 and relates to Parliamentary scrutiny for regulations made under section 16(1)(e) and 16(3A) of the Food Safety Act 1990. Subsection 48 is amended to state that any regulations made in reliance of section 16(3A) will be subject to the affirmative procedure.