Our contents this week:

• Retail, Food & Hospitality updates
• EU Updates
• Developments to watch
• For your information

Retail, Food & Hospitality updates

HM Treasury consult on regulation of Buy now – Pay later: HM Treasury has launched a consultation on a proposal (initially consulted on by the previous Government) to bring ‘Buy now - Pay later’ consumer transactions under the Consumer Credit Act and supervision by the Financial Conduct Authority. The plans aim to ensure people using BNPL products receive clear information, avoid unaffordable borrowing, and have strong rights when issues arise. Companies will need to provide clear, simple and accessible information about loan agreements in advance so that shoppers can make fully informed decisions and understand the risks associated with late repayments. The new rules will allow the FCA to apply rules on affordability – meaning that Buy-Now, Pay-Later companies will have to check that shoppers are able to afford repayments before offering a loan. It is also proposed to apply section 75 of the Consumer Credit Act enabling consumers to claim refunds from their lender, and access to the Financial Ombudsman Service to make complaints. Responses to the consultation are required by 29^th November. Open consultation >  Press release >

Further product recalls re presence of peanut material in mustard ingredients: Although the investigation continues, the Food Standards Agency and Food Standards Scotland have confirmed that it is only products containing mustard ingredients supplied by FGS Ingredients Limited which have been affected and not all mustard imports from India. Official advice remains that those subject to Peanut allergy should avoid all products containing mustard as an ingredient for the time being.View >

New Regulatory Innovation Office to be set up to curb red tape: The Department for Science, Innovation and Technology has announced that it is to set up a new body with an independent chair with the intention of reducing the burden of red tape and speeding up access to new technologies driving economic growth through regulatory reform that enables innovation. Initial focus will be on engineering biology, space, AI and digital in healthcare, connected and autonomous technology. The new Office will work closely with government departments including the Department for Transport, the Department for Health and Social Care, and the Department for Environment Food and Rural Affairs to address regulatory barriers in these initial growth areas. The new office will also bring regulators together and working to remove obstacles and outdated regulations to the benefit of businesses and the public, unlocking the power of innovation from these sectors. The organisation has been established within DSIT, where it will incorporate the existing functions of the Regulatory Horizons Council and the Regulators’ Pioneer Fund. View > 

Timetable set for action on Online harms: The Secretary of State for Science Innovation and Technology has written to OFCOM Chair Melanie Dawes emphasising the importance that the Government places on tackling online harms and implementing the provisions of the Online Harms Act once it has completed its parliamentary process. The letter sets out several key milestones including finalising the illegal harms codes and risk assessment guidance by the end of the year and publication of Ofcom’s children’s access assessment guidance in early 2025. Government >  Ofcom >

EU updates

Department of Health and Social Care set out UK approach to EU Hygiene legislation changes: In an explanatory memorandum to parliament on EU Regulation 2024/1141 amending EU Regulation 853/2004 on specific hygiene requirements for certain meat, fishery products, dairy products and eggs DHSC has set out how the UK is to approach the changes which are largely technical in nature.View >

EU Council approve Regulations on classification, packaging and labelling of chemicals: The CLP regulation updates the existing 2008 EU legislation, clarifies the rules on labelling chemical substances, and adapts them to different forms of trade (such as online trade or bulk sales at refill stations). The regulation also promotes the circularity of chemical products, makes labelling (including digital labelling) clearer and easier to read, and ensures a higher level of protection against chemical hazards. The new CLP regulation will be published in the Official Journal of the European Union and will enter into force 20 days later. View >

EU Regulations:

• Amending biocide authorisation:Contec IPA product family >
• Amending novel food specification: Vitamin D2 mushroom powder >
• Authorising novel food: Magnesium-L-threonate >

European Food Safety Authority opinion:

• Re-evaluation of food additive: silicon dioxide (E551) >  View >
• Modification of maximum residue level:  Flonicamid in honey >

Developments to watch

Animal and Plant Health Agency: Publish update on Bluetongue virus outbreak. View >

Department for Business and Trade: Publish fact sheets explaining the Employment Rights Bill.View >

Advertising Standards Authority: Uphold complaint re failure to include non-optional charges applying to advertised travel and holiday prices. View >

Office for Product Safety and Standards: Issue warning to businesses and consumers re banned chemical Lilial (Butylphenyl methylpropional). View >

For your information

Non-food product safety alerts: Office for Product Safety and Standards >EU Safety Gate >  US Consumer Product Safety Commission >

DEFRA: Publish family food data sets for 2002. View >

WRAP: Publish letter to the Prime Minister calling for action to improve recycling of frequently wasted packaging items. View >