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          Retail Food and Hospitality Regulatory Update

          Date: 16 July 2017

          Date: 16/07/2017

          In this week's edition:

          Taylor review of modern employment practices published: The report (which was launched in a speech by the Prime Minister) includes seven principle recommendations for change, including:

          • more even taxation across working formats;
          • additional protections for ‘dependent contractors’;
          • importance of Corporate Governance;
          • importance of workplace health;
          • and progression opportunities beyond the National Living Wage.


          Comments from business organisations have been mainly positive:

          Price can’t be raised when advertising added item as 'free': The Advertising Standards Authority has upheld a complaint against John Lewis where the price of a TV had been increased when being advertised with a ‘free’ sound bar.

          Tesco/Booker merger referred for full competition investigation: The Competition and Markets Authority has announced that the proposed merger will be referred for a stage 2 merger investigation on competition grounds.

          EFSA study on Listeria monocytogenes in ready meals published: The European Food Safety Authority has published a detailed risk characterisation of Listeria monocytogenes in ready to eat foods at retail level.

          Patent protects against equivalents: The Supreme Court has held a patent covering use of a drug with another to reduce potential side effects is protected by patent law from use of claimed equivalent drugs. View

          EU Set Ecolabel criteria for cleaning products: The EU has published criteria for a number of cleaning products: 

          EU withdraws approval for US aflatoxin pre-testing: The EU has passed a regulation withdrawing approval for pre-testing of exports by US authorities, alleging repeated failures.

          EU regulation permits use of potassium carbonate on cut fruit and veg: To perform the function of an antioxidant and acidity regulator to prevent browning. 2017/1270

          Flavouring deleted from EU permitted list: EU Regulation has removed 4,5-epoxydec-2(trans)-enal from the EU permitted flavourings list. 2017/1250

          Brexit Developments

          European Union (Withdrawal) Bill published: The Department for Exiting the EU has published the Bill intended to ensure that all existing laws resulting from membership of the EU remain in place on day 1 following Brexit. View

          DEXEU have also published information and guidance on the Bill. The Regulatory Policy Committee has published an impact assessment in respect of the Bill. The Scottish Government and Welsh Assembly Government  have criticised the Bill for lack of consultation and alignment with their devolution settlements.

          DWF have assessed the Bill and pulled out the high level findings, what it will mean for the Courts and Ministerial Powers and what will happen after exit day. View

          2nd Round of Brexit negotiations due to commence 17 July: DEXEU has published the timetable for this week’s negotiations. View

          DEXEU has published a paper on policy positions view > together with detailed position statements on ongoing judicial and administrative decisions privileges and immunities and nuclear materials and safeguards

          Citizens rights: DEXEU Has published a technical note on how it believes citizens' rights should be addressed in the withdrawal agreement. View The European Parliament has expressed concerns over the adequacy of the UK's offer on citizens' rights. View

          Welsh Assembly Governments 1st Minister meets Chief EU Negotiator: The Welsh Assembly Government issued a press release ahead of a meeting between 1st Minister Carwyn Jones and EU Chief Negotiator Michel Barnier in Brussels on 13th July. View

          CTSI give evidence to House of Lords on consumer rights: Leon Livermore, CEI of the Chartered Trading Standards Institute gave evidence on consumer rights following Brexit to the House of Lords, EU Justice Sub Committee. View

          BCC member survey sheds light on business wishes for Brexit negotiations: A survey of members of the British Chambers of Commerce has found members evenly split between wanting to remain in the single market and customs union and those favouring a comprehensive free trade agreement. Over 30% of members responding were in favour of a transitional period of at least three years. View

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          This information is intended as a general discussion surrounding the topics covered and is for guidance purposes only. It does not constitute legal advice and should not be regarded as a substitute for taking legal advice. DWF is not responsible for any activity undertaken based on this information.

          Related people

          Hilary Ross

          • Head of Retail, Food & Hospitality // Executive Partner (London)