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The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022

W.S.I. 2022/939 · Made 5 September 2022 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 30 September 2022.

Agriculture, Wales

Food, Wales

Made 5 September 2022

Laid before Senedd Cymru 7 September 2022

Coming into force 30 September 2022

The Welsh Ministers, in exercise of the powers conferred by sections 16(1)(e) and 48(1)(c) of the Food Safety Act 1990f1, make the following Regulations.

In accordance with section 48(4A) of the Food Safety Act 1990f2, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency.

There has been consultation 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.

Annotations to the whole text

Footnotes

f1

1990 c. 16. Functions of the “Secretary of State” under the Food Safety Act 1990 are exercisable by the Welsh Ministers (in relation to Wales), by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), and section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). See amendments to sections 16 and 48 of the Food Safety Act 1990 by section 40 of and paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28). The powers in the Food Safety Act 1990, when read with paragraph 5 of Schedule 8 to the European Union (Withdrawal) Act 2018 (c. 16), allow for modifications to be made to retained direct minor EU legislation as defined in section 7(6) of the Act. “Modify” is defined in section 20(1) of the European Union (Withdrawal) Act 2018 and includes “amend, repeal or revoke”.

f2

Subsection (4A) was inserted by paragraphs 7 and 21 of Schedule 5 to the Food Standards Act 1999.

f3

EUR 2002/178.

Contents

  1. 1Title, commencement, application and extent
  2. 2Amendment of the Food Hygiene (Wales) Regulations 2006
  3. 3Amendment of the Quick-frozen Foodstuffs (Wales) Regulations 2007
  4. 4Amendment of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009
  5. 5Amendment of the Beef and Veal Labelling (Wales) Regulations 2011
  6. 6Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013
  7. 7Amendment of the Food Information (Wales) Regulations 2014
  8. 8Amendment of the Honey (Wales) Regulations 2015
  9. 9Amendment of the Country of Origin of Certain Meats (Wales) Regulations 2015
  10. 10Amendment of the Caseins and Caseinates (Wales) Regulations 2016
  11. 11Amendment of Commission Regulation (EC) No 1825/2000
  12. 12Amendment of Commission Regulation (EC) No 589/2008
  13. 13Amendment of Commission Implementing Regulation (EU) No 543/2011
  14. 14Amendment of Commission Implementing Regulation (EU) No 29/2012
  15. 15Amendment of Commission Delegated Regulation (EU) 2019/33
  16. Signature
  17. Explanatory note

1Title, commencement, application and extentI1

(1)

The title of these Regulations is the Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022.

(2)

These Regulations come into force on 30 September 2022.

(3)

These Regulations apply in relation to Wales and extend to England and Wales.

2Amendment of the Food Hygiene (Wales) Regulations 2006I1

In regulation 17 (offences and penalties) of the Food Hygiene (Wales) Regulations 2006f1, in paragraph (9)(b), for “the end of 30 September 2022” substitute “1 January 2024”.

3Amendment of the Quick-frozen Foodstuffs (Wales) Regulations 2007I1

In regulation 12 (transitional provision: withdrawal from the EU) of the Quick-frozen Foodstuffs (Wales) Regulations 2007f1, in paragraph (a) for “before the end of 30 September 2022” substitute “before 1 January 2024”.

4Amendment of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009I1

(1)

The Marketing of Fresh Horticultural Produce (Wales) Regulations 2009f1 are amended as follows.

(2)

In regulation 23 (transitional provisions: withdrawal from the EU)—

(a)

in paragraph (1)(a), for “the end of the period of 21 months beginning on the day on which IP completion day falls” substitute “1 January 2024”; and

(b)

in paragraph (2)(a), for “the end of the period of 21 months beginning on the day on which IP completion day falls” substitute “1 January 2024”.

5Amendment of the Beef and Veal Labelling (Wales) Regulations 2011I1

(1)

The Beef and Veal Labelling (Wales) Regulations 2011f1 are amended as follows.

(2)

In regulation 4 (offences under retained direct EU legislation), for paragraph (4) substitute—

“(4)

Paragraphs (1)(a)(vi) and (1)(b)(ii) do not apply if the matter constituting the alleged contravention—

(a)

relates to a product that was placed on the market before 1 January 2024; and

(b)

would not have constituted a contravention—

(i)

in the case of paragraph (1)(a)(vi), of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as that Regulation had effect in EU law immediately before IP completion day; or

(ii)

in the case of paragraph (1)(b)(ii), of Article 2(2)(b) of Regulation (EC) No 1825/2000 of the European Parliament and of the Council as that Regulation had effect in EU law immediately before IP completion day.”.

6Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013I1

In regulation 22 (transitional provision: withdrawal from the EU) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013f1, in paragraph (1)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

7Amendment of the Food Information (Wales) Regulations 2014I1

In regulation 15 (transitional provisions: withdrawal from the EU) of the Food Information (Wales) Regulations 2014f1, in paragraph (1)(a), for “on or before 30 September 2022” substitute “before 1 January 2024”.

8Amendment of the Honey (Wales) Regulations 2015I1

In regulation 23 (transitional provisions: withdrawal from the EU) of the Honey (Wales) Regulations 2015f1, in paragraph (2)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

9Amendment of the Country of Origin of Certain Meats (Wales) Regulations 2015I1

In regulation 7 (transitional provision: withdrawal from the EU) of the Country of Origin of Certain Meats (Wales) Regulations 2015f1, in paragraph (2)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

10Amendment of the Caseins and Caseinates (Wales) Regulations 2016I1

In regulation 10 (transitional provision: withdrawal from the EU) of the Caseins and Caseinates (Wales) Regulations 2016f1, in paragraph (1)(a), for “on or before 30 September 2022” substitute “before 1 January 2024”.

11Amendment of Commission Regulation (EC) No 1825/2000I1

In Article 2 (labelling where information is not available) of Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef productsf1, in paragraphs 3 and 4, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

12Amendment of Commission Regulation (EC) No 589/2008I1

In Article 30 (imported eggs) of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggsf1, in paragraph 3, for the words from “for a period” to “falls” substitute “for the period beginning with 30 September 2022 and ending with 31 December 2023”.

13Amendment of Commission Implementing Regulation (EU) No 543/2011I1

(1)

Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectorsf1 is amended as follows.

(2)

In Article 7 (mixes), in paragraph 4(b), for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

(3)

In Annex 1 (marketing)—

(a)

in Part A (general marketing standard), in point 4(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”; and

(b)

in Part B (specific marketing standards), in each of Parts 1 to 10, in point 6(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

14Amendment of Commission Implementing Regulation (EU) No 29/2012I1

In Article 2 of Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil (codification)f1, in point (b) of the third paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

15Amendment of Commission Delegated Regulation (EU) 2019/33I1

In Article 46 (indication of the bottler, producer, importer and vendor) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentationf1, in paragraph 1, in points (a) and (d), for “30 September 2022” substitute “31 December 2023”.

Signature

Lynne Neagle

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

Explanatory note

(This note is not part of the Regulations)

These Regulations amend statutory instruments and retained EU law in relation to food labelling in Wales. The amendments extend previous transitional arrangements, which were due to expire at the end of September 2022, so that they continue to apply until the end of 2023.

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.