Regulation 2 Interpretation

In these Regulations—

• “appropriate authority” means—

  1. (a)

     where the retail premises in which retail goods are first placed on the market are in England, the Secretary of State;

  2. (b)

     where the retail premises in which retail goods are first placed on the market are in Scotland, the Scottish Ministers;

  3. (c)

     where the retail premises in which retail goods are first placed on the market are in Wales, the Welsh Ministers;

• “authorised officer” means any person authorised by an appropriate authority or an enforcement authority in writing, either generally or specifically, to act in matters arising under these Regulations;

• “enforcement authority” means—

  1. (a)

     the Food Standards Agency;

  2. (b)

     a county council;

  3. (c)

     a county borough council;

  4. (d)

     a metropolitan district council;

  5. (e)

     a non-metropolitan district council for an area for which there is no county council;

  6. (f)

     a London borough council;

  7. (g)

     the Common Council of the City of London (in their capacity as a local authority);

  8. (h)

     the Council of the Isles of Scilly; or

  9. (i)

     a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994^f1;

• “final consumer” means the ultimate consumer of a retail good who does not intend to use that good in the course of any business operation or activity;

• “food for special medical purposes” has the same meaning as in Article 2(2)(g) Regulation (EU) No 609/2013 of the European Parliament and of the Council of 12 June 2013 on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 as it has effect in Great Britain^f2;

• “Gazette” means—

  1. (a)

     in respect of a marking notice applicable to a relevant business operator that is a company registered in England and Wales, the London Gazette; and

  2. (b)

     in respect of a marking notice applicable to a relevant business operator that is a company registered in Scotland, the Edinburgh Gazette;

• “improvement notice” has the meaning given in regulation 9(1);

• “Independent Monitoring Panel” means the panel known as the Windsor Framework Independent Monitoring Panel appointed by the Secretary of State;

• “individual marking” means a marking as described in paragraph 1 of Annex 4 of the SPS Regulation;

• “marking notice” has the meaning given in regulation 3(2);

• “placed on the market” means the holding of retail goods for the purpose of sale, including offering for sale, and the sale at retail premises to a final consumer;

• “relevant business” means any undertaking, whether for profit or not and whether public or private, carrying out any activity related to any stage of production, processing and distribution of retail goods;

• “relevant business operator” means—

  1. (a)

     the operator under whose name or business name the retail goods are marketed; or,

  2. (b)

     in the case of retail goods in the form of plants, the packager;

• “retail goods” means retail goods as defined in Article 2(2) of the SPS Regulation, that are subject to an obligation arising out of Article 6(1) of that regulation;

• “retail premises” means any premises used by a relevant business operator for the purposes of selling or possessing, offering, exposing or advertising for sale any retail goods to a final consumer;

• “small company” means a company that qualifies as a small company under section 382 or 383 of the Companies Act 2006^f3 and that is not excluded from the small companies regime by section 384 of that Act;

• “SPS Regulation” means Regulation (EU) 2023/1231 of the European Parliament and of the Council on specific rules relating to the entry into Northern Ireland from other parts of the United Kingdom of certain consignments of retail goods, plants for planting, seed potatoes, machinery and certain vehicles operated for agricultural or forestry purposes as well as non-commercial movements of certain pet animals into Northern Ireland^f4.