The following Risk & Compliance practice note produced in partnership with Tom Fox of Arnold & Porter Kaye Scholer provides comprehensive and up to date legal information covering:
IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Risk & Compliance?
The main piece of legislation relevant to food product recalls is the General Food Law Regulation (EC) No 178/2002. This EU legislation is directly applicable and provides the general principles of food safety. The Food Safety Act 1990 (FSA 1990) (as amended) provides the framework for all food legislation in the UK and similar legislation applies in Northern Ireland.
‘Food’ is defined as:
'any substance or product, whether processed, partially processed or unprocessed, intended to be, or reasonably expected to be, ingested by humans'
This definition includes drink.
A food business operator is the person or company responsible for ensuring the requirements of food law are met within the food business under their control. Guidance indicates that this extends to anyone supplying food, except in the context of domestic private consumption.
Extensive guidance also appears on the Food Standards Agency's
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The primary function of office-holders in personal and corporate insolvency is to collect in the assets belonging to a company or individual and to distribute these to the company's or individual's creditors. Office-holders have various duties and powers in order to ensure that they do this. For
BREXIT: UK is leaving EU on Exit Day (as defined in the European Union (Withdrawal) Act 2018). This has an impact on this Practice Note. For further guidance on the impact of Brexit on e-money requirements, see Practice Note: Impact of Brexit: Payment services and electronic money directives—quick
An ad hoc arbitration is any arbitration in which the parties have not selected an institution to administer the arbitration. This offers parties flexibility as to the conduct of the arbitration, but less external support for the process. It can be quicker than institutional arbitration but not if
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note: Estoppel—what, when and how to plead and related content.Promissory estoppel—what is it?Where A has, by words or conduct, made to B a clear and unequivocal
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