OpenLegislation

The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020

W.S.I. 2020/1581 · Made 17 December 2020

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Exiting The European Union, Wales

Agriculture, Wales

Food, Wales

Made 17 December 2020

Coming into force in accordance with regulation 1(2) and (3)

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraphs 1(1) and 11M(1) of Schedule 2 , paragraph 7 of Schedule 4, and paragraph 21(b) of Schedule 7, to the European Union (Withdrawal) Act 2018f1.

In accordance with paragraph 4(a) of Schedule 2 to that Act, the Secretary of State has been consulted during the preparation of these Regulations.

In accordance with paragraph 1(8) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymruf2.

As required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyf3 there has been open and transparent public consultation during the preparation of these Regulations.

Annotations to the whole text

Footnotes

f1

2018 c.16. See section 20(1) of that Act for the definition of “devolved authority”. There are amendments to paragraph 1 of Schedule 2 not relevant to these Regulations. Paragraph 11M of Schedule 2 was inserted by section 22 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) and paragraph 21 of Schedule 7 was amended by paragraph 53 of Schedule 5 to that Act.

f2

The reference in the European Union (Withdrawal) Act 2018 to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32).

f3

OJ No. L 31, 1.2.2002, p. 1.

Contents

  1. Part 1: Introduction
  2. 1Title, application and commencement
  3. Part 2: Amendments to EU Exit subordinate legislation
  4. 2The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
  5. 3The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
  6. 4The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019
  7. Part 3: Amendment of Welsh subordinate legislation
  8. 5The Genetically Modified Food (Wales) Regulations 2004
  9. 6The General Food Regulations 2004
  10. 7The Fishery Products (Official Controls Charges) (Wales) Regulations 2007
  11. 8The Food Irradiation (Wales) Regulations 2009
  12. 9The Meat (Official Controls Charges) (Wales) Regulations 2009
  13. 10The Official Feed and Food Controls (Wales) Regulations 2009
  14. 11The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013
  15. 12The Contaminants in Food (Wales) Regulations 2013
  16. 13The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013
  17. 14The Honey (Wales) Regulations 2015
  18. 15The Caseins and Caseinates (Wales) Regulations 2016
  19. Part 4: Saving Provision
  20. 16Saving of declarations made under regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009
  21. Signature
  22. Explanatory note

1Title, application and commencement

(1)

The title of these Regulations is the Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 and they apply in relation to Wales.

(2)

This Part and Part 2 come into force immediately before implementation period completion day.

(3)

Parts 3 and 4 come into force on implementation period completion day.

2The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

(1)

The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019f1 are amended as follows.

(2)

Omit regulation 2.

(3)

In regulation 3 (amendment to the Materials and Articles in Contact with Food (Wales) Regulations 2012)—

(a)

after paragraph (2) insert—

“(2A)

In regulation 4(3) omit “Community”.

(2B)

In regulation 6(1)—

(a)

omit sub-paragraph (a);

(b)

in sub-paragraph (b), for “16(1)” substitute “16”.”

(b)

in paragraph (5), in the new regulation 10A to be inserted—

(i)

in paragraph (1), for “in accordance with Article 16 of Regulation 1935/2004” substitute “complying with paragraph (2)”;

(ii)

in paragraph (2), for “the United Kingdom” substitute “Great Britain”;

(iii)

in paragraph (3), for “the United Kingdom” substitute “Great Britain”;

(c)

after paragraph (6) insert—

“(6A)

In regulation 27(1)(a)(i), for “10(4), 10(6)” substitute “10A(1), 10A(3).

(6B)

In Schedule 2, in paragraph 1, in the substituted section 10(1A), for “10(4), 10(6)” substitute “10A(1), 10A(3).”

(4)

Omit regulation 4.

(5)

In the Schedule, in the new Schedule 5 (declaration of compliance) to be inserted, in paragraph 1(a), for “the United Kingdom” substitute “Great Britain”.

3The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

(1)

The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019f1 are amended as follows.

(2)

In regulation 4(3) (amendment to the Quick-frozen Foodstuffs (Wales) Regulations 2007), for sub-paragraph (c), substitute—

“(c)

in paragraph (4)—

(i)

in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “its equivalent in any other language”;

(ii)

in sub-paragraph (b), for “European Union” substitute “United Kingdom”.”

(3)

Omit regulations 5 and 6.

(4)

In regulation 7 (amendment to the Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011)—

(a)

for paragraph (2) substitute—

“(2)

In regulation 3(1), for “the European Union” substitute “Great Britain””.

(b)

for paragraph (3) substitute—

“(3)

In regulation 8(3)(a)(i), for “the European Union” substitute “Great Britain””.

4The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019

(1)

The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019f1 are amended as follows.

(2)

Omit regulation 2.

(3)

Omit regulations 4, 5, 6 and 7.

(4)

In regulation 8 (amendment to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015)—

(a)

in paragraph (3), for sub-paragraph (b) substitute—

“(b)

for sub-paragraph (d), substitute—

“(d)

is a natural mineral water intended for—

(i)

movement into Northern Ireland; or

(ii)

export to a third country.””;

(b)

for paragraph (4)(a)(iii), substitute—

“(iii)

for sub-paragraph (d) substitute—

“(d)

in the case of water extracted from the ground in a third country—

(i)

the Agency grants recognition in accordance with Part 2 of Schedule 1;

(ii)

it has equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007f2;

(iii)

it has equivalent recognition in Scotland granted by Food Standards Scotland in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007f3;

(iv)

it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015f4.””;

(c)

in paragraph 5, in the new regulation 4A to be inserted—

(i)

in paragraph (6), for “exit day” substitute “IP completion day”;

(ii)

in paragraph (12), for “exit day”, in each place it occurs, substitute “IP completion day”;

(d)

for paragraph (7), substitute—

“(7)

In regulation 27A—

(a)

in paragraph (b)—

(i)

omit “or from another EEA State”;

(ii)

for “Articles 1 to 3 of Regulation 115/2010” substitute “the relevant bottled water legislation that applies in that part of the United Kingdom”;

(b)

in paragraph (c)—

(i)

for “country other than an EEA State” substitute “third country”;

(ii)

for the words from “has been authorised” to “Articles 1 to 3”, substitute “complies with Articles 1 and 2””;

(e)

in paragraph (8)(b), after paragraph (i) insert—

“(ia)

after “the Agency”, for the “or” substitute “to be equivalent to the requirements of these Regulations, or by the””.

5The Genetically Modified Food (Wales) Regulations 2004

(1)

The Genetically Modified Food (Wales) Regulations 2004f1 are amended as follows.

(2)

In the Schedule, in Part 2, in the table—

(a)

omit the entry for Article 8.6;

(b)

in the entry for Article 9.3, in the second column, for “Commission”, substitute “Food Safety Authority”.

6The General Food Regulations 2004

(1)

The General Food Regulations 2004f1 are amended as follows.

(2)

In regulation 4 (requirements under Regulation (EC) No.178/2002: offences), for paragraph (a) substitute—

“(a)

Article 12 (food and feed exported from Great Britain) in so far as it relates to food;”.

7The Fishery Products (Official Controls Charges) (Wales) Regulations 2007

(1)

The Fishery Products (Official Controls Charges) (Wales) Regulations 2007f1 are amended as follows.

(2)

In regulation 2(1), for the definition of “third country” substitute—

  • ““third country” (“trydedd wlad”), except in the expression “third country import” means any country or territory other than the British Islands;”.

(3)

For regulation 4 substitute—

“Sterling equivalents of Euro

4.

Any reference in these Regulations to a specified number of Euros (“EUR”) is to be read as that sum converted into pounds sterling (“GBP”) using the exchange rate of GBP1 = EUR1.1413.”

(4)

For the heading to the Schedule, substitute—

“DEFINITIONS OF LEGISLATION”.

8The Food Irradiation (Wales) Regulations 2009

(1)

The Food Irradiation (Wales) Regulations 2009f1 are amended as follows.

(2)

In regulation 3(1)—

(a)

in the definition of “import”, for “another Member State or from a country outside the European Union” substitute “outside the United Kingdom”;

(b)

in the definition of “official reference number”, for “the reference number allocated by the Member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3)” substitute “the number shown for it in the list in Schedule 3”.

(3)

In regulation 5(1)—

(a)

for sub-paragraph (b) substitute—

“(b)

it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;”;

(b)

in sub-paragraph (d), for “another” substitute “a”.

(4)

For the heading to Schedule 3, substitute—

“LIST OF FACILITIES IN EU MEMBER STATES AND IN THE UNITED KINGDOM”.

9The Meat (Official Controls Charges) (Wales) Regulations 2009

In the Meat (Official Controls Charges) (Wales) Regulations 2009f1, for the heading to Schedule 1, substitute—

“DEFINITIONS OF LEGISLATION”.

10The Official Feed and Food Controls (Wales) Regulations 2009

(1)

The Official Feed and Food Controls (Wales) Regulations 2009f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “relevant feed law”, omit the “and”;

(b)

at the appropriate place, insert—

  • ““third country” (“trydedd wlad”) means any country or territory other than the British Islands.”

(3)

In regulation 4—

(a)

in paragraph (1), for “member States” substitute “the Welsh Ministers”;

(b)

in paragraph (4), for “EU legislation” substitute “any other applicable legislation”.

(4)

In regulation 5(1), for “member States” substitute “the Welsh Ministers”.

(5)

Omit regulations 14, 15 and 16.

(6)

In regulation 17—

(a)

omit paragraph (3);

(b)

in paragraph (5), omit sub-paragraphs (a) and (b).

(7)

In regulation 19(1)—

(a)

in sub-paragraph (a), omit “14, 15 or”;

(b)

in sub-paragraph (b)—

(i)

omit “14, 15 or”;

(ii)

for “those regulations” substitute “that regulation”.

(8)

In regulation 20(2), for “, regulation 11 or regulation 16” substitute “or regulation 11”.

(9)

In regulation 22, omit the definition of “the relevant territories” and the “and” after it.

(10)

In regulation 28(1), omit sub-paragraphs (b) and (d).

(11)

Omit regulation 35f2.

(12)

In regulation 41—

(a)

in paragraph 1(b), omit “or paragraph (4) or (5) of regulation 35”;

(b)

after paragraph 1(e) insert—

“(f)

contravenes or fails to comply with the provisions of any instrument made under Article 53 of Regulation 178/2002.”

(13)

In Schedule 6, in the entry relating to Article 5(1)(b) of Regulation 2019/1602, in the second column, for “IMSOC” substitute “appropriate computerised information management system”.

11The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013

(1)

The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013f1 are amended as follows.

(2)

In Schedule 2—

(a)

in Part 1, in paragraph 6, for “another Member State” substitute “a member State of the European Union”;

(b)

in Part 2—

(i)

in paragraph 2, for “another Member State” substitute “a member State of the European Union”;

(ii)

in paragraph 4, for “another Member State” substitute “a member State of the European Union”.

12The Contaminants in Food (Wales) Regulations 2013

(1)

The Contaminants in Food (Wales) Regulations 2013f1 are amended as follows.

(2)

In regulation 5—

(a)

in paragraph (1), for “EU provisions” substitute “retained EU law provisions”;

(b)

in paragraph (2), for “EU provisions” substitute “retained EU law provisions”.

(3)

In regulation 8(2) (application of various sections of the Food Safety Act 1990), in the text of the modified section 9, for “the EU requirements”, in each place it occurs, substitute “the retained EU law requirements”.

13The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

(1)

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013f1 are amended as follows.

(2)

In regulation 10(b), for “the European Union” substitute “Great Britain”.

(3)

In regulation 14(1)(d), for “territory of the EU” substitute “United Kingdom”.

(4)

Omit regulation 15.

(5)

In Schedule 1—

(a)

in Table 1, in the entry for Article 26.1, in the second column, for “Commission” substitute “Authority”;

(b)

In Table 2—

(i)

in the entry for Article 21.1 (as read with Article 22), in the second column, for “a language easily understandable to purchasers” substitute “English, or in English and Welsh”;

(ii)

in the entry for Article 26.2, in the second column, for “Commission” substitute “Authority”.

(6)

In Schedule 2, in Table 1—

(a)

in the entry for Article 10, in the second column, for “Union” substitute “domestic”;

(b)

in the entry for Article 19.2, in the second column, for “Commission” substitute “Authority”;

(c)

in the entry for Article 19.3, in the second column, for “Commission” substitute “Authority”.

(7)

In Schedule 3, in Table 1, in the entry for Article 9.5, in the second column, for “Commission” substitute “Authority”.

(8)

In Schedule 4, in Table 1—

(a)

in the entry for Article 4, in the second column, for “Union” substitute “domestic”;

(b)

in the entry for Article 14.1, in the second column, for “Commission” substitute “Authority”;

(c)

in the entry for Article 14.2, in the second column, for “Commission” substitute “Authority”.

14The Honey (Wales) Regulations 2015

(1)

The Honey (Wales) Regulations 2015f1 are amended as follows.

(2)

In regulation 17—

(a)

in paragraph (1)—

(i)

omit “member State or third”;

(ii)

for the words from “one of the following” to the end, substitute “the indication “blend of honeys from more than one country” or wording in English with equivalent meaning.”;

(b)

in paragraph (6), for the words from “following indications” to the end, substitute “indication “cyfuniad o felau o fwy nag un wlad” or wording in Welsh with equivalent meaning may be included.”

15The Caseins and Caseinates (Wales) Regulations 2016

(1)

The Caseins and Caseinates (Wales) Regulations 2016f1 are amended as follows.

(2)

In regulation 6—

(a)

in paragraph (1)—

(i)

in sub-paragraph (d), for “the European Union, the importer into the European Union market” substitute “the United Kingdom, the importer into the United Kingdom”;

(ii)

in sub-paragraph (e), for “countries outside the European Union” substitute “a third country”;

(b)

after paragraph (8) insert—

“(9)

In this regulation, “third country” means any country other than the British Islands.”

16Saving of declarations made under regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009

Notwithstanding the revocation of regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009 (by regulation 10(11) of these Regulations), any declaration made under regulation 35 that is in force immediately before implementation period completion day, takes effect after implementation period completion day as if made by the Welsh Ministers in a statutory instrument under Article 53 of Regulation (EC) No. 178/2002 laying down the general principles and requirements of food lawf1.

Signature

Eluned Morgan

Minister for Mental Health, Wellbeing and Welsh Language, one of the Welsh Ministers

17 December 2020

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by paragraphs 1(1) and 11M(1) of Schedule 2, paragraph 7 of Schedule 4, and paragraph 21(b) of Schedule 7, to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation in the field of food and feed safety and hygiene.

Part 2 contains amendments to provisions of Welsh EU Exit subordinate legislation. Amendments include correction of identified errors, and provision required to implement the Protocol on Ireland/Northern Ireland in the EU withdrawal agreement. Part 2 also omits a number of provisions that were included to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union. The omitted provisions either no longer apply or the amendments made by those provisions are replaced by other amendments made by these Regulations.

Part 3 contains amendments to subordinate legislation that apply in relation to Wales, in order to address failures of retained EU law to operate effectively and to implement the Protocol on Ireland/Northern Ireland. A number of the amendments consolidate and update (with amendment) provisions included in earlier EU Exit subordinate legislation that are omitted in Part 2 of these Regulations.

Part 4 makes a saving provision.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.