Our contents this week:
Retail, Food & Hospitality updates
Government launch plan to make work pay and Employment Rights Bill: The Department for Business and Trade has published detailed information surrounding introduction of an Employment Rights Bill to parliament. Major changes proposed include introducing protection from unfair dismissal and paternity leave and unpaid parental leave rights from day 1 of employment, banning zero hours contracts, banning fire and rehire practices, making flexible working the default option and the intention to set up a Fair Work Agency. It is planned that the changes will come into effect subject to passage of the Bill in 2026. The Government has announced its intention to remove age bands so that all workers will be entitled to the same higher minimum wage rates irrespective of age. The government will also consult on a new statutory probation period for companies’ new hires. It is proposed that a Fair Work Agency will bring together existing enforcement bodies to enforce rights such as holiday pay, and support employers looking for guidance on how to comply with the law. DWF Employment team round up > Supporting Documents > Make Work Pay >Next Steps to Make Work Pay > Government overview > What the Employment Rights Bill mean for you >British Chambers of Commerce >UK Hospitality >Association of Convenience Stores >Federation of Small Businesses >
Advertising watchdog upholds complaints re failure to mention mid-term price increases in phone contracts: The Advertising Standards Authority has ruled against Talk Talk and Telefonica for failure to make clear the existence and calculation of mid-term contract price increases in their advertising for mobile phone and broadband contracts.Talk Talk >Telefonica >
Product Safety Risk Assessment methodology (PRISM) version 2 and guidance published: PRISM was launched by the Office for Product Safety and Standards in 2002 as a tool for use by market surveillance authorities and enforcing authorities in Great Britain with responsibility for consumer product safety and is aligned with the EU Safety Gate approach (RAPEX) and reflects the same risk level matrix. The version 2 guidance incorporates learning from use of the methodology and includes three further worked examples. The updated guidance provides a definition of non-compliant and deals with functional hazards, product prevalence and tolerability. The PRISM toolkit is now built into the UK Product Safety Database (PSD). This means GB regulators can record their risk assessment as part of the notification process. Publication > Guidance >
UK and US agree joint working agreement on online protection of children: The department for Science, Innovation and Technology has published a joint statement agreed between the US and UK Governments on the protection of children from online harms. The statement recognises the parallels between the child safety landscape in both countries and commits the US and UK to establish a joint children's online safety working group to enhance protections. View >
Call for evidence launched on common charger for small portable electronic devices: The Office for Product Safety and Standards has issued a call for evidence on whether the UK should follow the EU approach to adopt USB-C as a single charger format for small electrical appliances. The EU ‘common charging’ requirements will apply to all handheld mobile phones, tablets, digital cameras, headphones, headsets, portable speakers, handheld videogame consoles, e-readers, earbuds, keyboards, mice, and portable navigation systems placed on the EU market from 28 December 2024. These requirements will also apply to laptops as of 28 April 2026. Responses are required by 2nd December. View >
DEFRA Update guidance on single use plastic bans: DEFRA Have published details on the scope of the restrictions and also provided a link to assist members of public to report suspected non-compliance to their Local Authority.View >
EU updates
EU approves laws on cyber security, design protection and product liability: The newcyber security law introduces EU-wide requirements for the design, development, production and making available on the market of hardware and software products, to avoid overlapping requirements stemming from different pieces of legislation in EU member states. For example, software and hardware products will bear the CE marking to indicate that they comply with the regulation's requirements. The new regulation will enter into force twenty days after its publication in the Official Journal and will apply 36 months after its entry into force. The directive and regulation on design protection will streamline the procedure to register designs at EU level and introduce the so-called “repair clause” with new rules to exempt from design protection the spare parts used for repair of complex products (such as spare parts for the car-repair sector). The regulation amending the regulation on Community designs will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. It will apply 4 months later. The new Product Liability Directive law extends the definition of “product” to digital manufacturing files and software and provides that online platforms can be held liable for a defective product sold on their platform. The directive will enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Member states have two years to transpose the directive into national law. Overview > Intellectual Property > Product liability >
EU Regulations:
- On use of food additives:powdered cellulose (E460(II)) and glucono-delta-lactone (E575) > sorbic acid (E200), potassium sorbate (E202) and propyl gallate (E310) >
- On maximum residue levels for plant protection products:1,4-dimethylnaphthalene, difluoroacetic acid (DFA), fluopyram and flupyradifurone > fosetyl, potassium phosphonates and disodium phosphonate > chitosan, clopyrilad,difenoconazole, fat distillation residues, flonicamid, hydrolysed proteins, and lavandulyl senecioate >napropamide, pyridaben and tebufenpyrad >
- Authorising feed additives: pine white essential oil >
- Authorising biocidal product: Lactic acid based Taski-Room Care-Suma Family >
- Setting out roles and responsibilities of single points of contact under EU product Safety Gate:View >
- On protein requirements for infant formula and follow on feeds from protein hydrolysates: View >
European Food Safety Authority opinion:
- On feed additives:L-Arginine > Lentilactobacillus buchneri >
- On food enzyme: endonuclease >
- On peer review of pesticide risk assessment: pyrimethanil >
Developments to watch
Advertising Standards Authority: Uphold complaint re use of competition and cartoon character for promotion of cheese strings: View >
DEFRA: Announce extensions to areas affected by Bluetongue virus.View >
Food Standards Agency and Food Standards Scotland: Publish ‘Our Food 2023’ report highlighting shortages of EHO’S, TSO’s and Official Vets. View >
DEFRA: Launch consultation on five fisheries management plans – Responses required by 19th January. View >
CIEH: Call for the mandatory display of food hygiene rating scores. View >
Ethical Trading Initiative: Publish blog on how the organisation drives impact. View >
For your information
Non-food product safety alerts: Office for Product Safety and Standards >EU Safety Gate > US Consumer Product Safety Commission >
Department for Science, Innovation and Technology: Respond to Regulatory Horizons Council report on regulating quantum technology. View >
OECD: Publish report on online harms identifying need for greater protections. View >
Competition and Markets Authority: Publish response to Scottish Law Commission consultation on contract law. View >
Cabinet Office: Publish list of committees whose decisions are binding on Government. View >
Environment Agency: Publish updated structure chart. View >
Climate Change Committee: Announce the appointment of Emma Pinchbeck as new Chief executive. View >
