Introductory text

England and Wales

FOOD, WALES

Made 22 June 2010

Laid before the National Assembly for Wales 25 June 2010

Coming into force 16 July 2010

The Welsh Ministers are designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to the common agricultural policy of the European Union.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers that it is expedient for any reference to the following Regulations to be construed as a reference to those Regulations as amended from time to time—

(a)
Council Regulation (EC) No 1234/2007 M3 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);
(b)
Commission Regulation (EC) No 589/2008 M4 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs; and
(c)
Commission Regulation (EC) No 617/2008 M5 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs for hatching and farmyard poultry chicks.

Insofar as these Regulations are made in exercise of powers under the Food Safety Act 1990 M6, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency as required by section 48(4A) M7 of that Act.

There has been open and transparent public consultation during the preparation of the following Regulations as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council M8 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.

Accordingly, the Welsh Ministers make the following Regulations in exercise of the powers conferred by–

(a)
section 2(2) of, and paragraph 1A M9 of Schedule 2 to, the European Communities Act 1972; and
(b)
sections 6(4) M10, 16(1) M11, 17 M12, 26 M13 and 48(1) M14 of the Food Safety Act 1990 and now vested in the Welsh Ministers M15.

Annotations

Marginal citations

M1: S.I. 2005/2766. By virtue of sections 59 and 162 and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32), functions conferred upon the National Assembly for Wales by this designation are now vested in the Welsh Ministers.
M2: 1972 c. 68.
M3: OJ No L 299, 16.11.2007, p. 1, last amended by Commission Regulation (EC) No 1140/2009 (OJ No L 312, 27.112009, p. 4).
M4: OJ No L 163, 24.6.2008, p. 6, last amended by Commission Regulation (EC) No 598/2008 (OJ No L 164, 25.6.2008, p. 14).
M5: OJ No L 168, 28.6.2008, p. 5.
M6: 1990 c. 16.
M7: Section 48(4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).
M8: OJ No L 31, 1.2.2002, p. 1, last amended by Commission Regulation (EC) No 202/2008 (OJ No L 60, 5.3.2008, p. 17).
M9: Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).
M10: Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), paragraphs 7, 10(1) and (3) of Schedule 5, and Schedule 6, to the Food Standards Act 1999, and Schedule 2 to S.I. 2002/794.
M11: Section 16(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.
M12: Section 17 was amended by paragraphs 7, 8 and 12 of Schedule 5 to the Food Standards 1999.
M13: Section 26(2) was amended by paragraph 13 of Schedule 8, and Part 1 of Schedule 23, to the Tribunals, Courts and Enforcement Act 2007 (c. 15). Section 26(3) was partially repealed by Schedule 6 to the Food Standards Act 1999.
M14: Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999.
M15: Functions of “the Ministers”, so far as exercisable in relation to Wales, are now exercisable by the Welsh Ministers, having been transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), as read with section 40(3) of the Food Standards Act 1999, and then transferred to the Welsh Ministers by section 162 of and paragraph 30(2)(a) of Schedule 11 to the Government of Wales Act 2006 (c. 32).