The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019
W.S.I. 2019/435 · Made 4 March 2019
Exiting The European Union, Wales
Food, Wales
Sift requirements satisfied 18 February 2019
Made 4 March 2019
Laid before the National Assembly for Wales 5 March 2019
Coming into force in accordance with regulation 1(3)
The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.
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
- f2
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1990 c. 16. Section 16(1) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”). Functions formerly exercisable by “the Ministers” so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
- f3
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OJ No. L 31, 1.2.2002, p. 1, to which there are amendments not relevant to these Regulations.
Contents
- 1Title, application and commencement
- 2The Food (Lot Marking) Regulations 1996
- 3The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008
- 4The Fish Labelling (Wales) Regulations 2013
- 5The Food Information (Wales) Regulations 2014
- 6The Honey (Wales) Regulations 2015
- 7The Country of Origin of Certain Meats (Wales) Regulations 2015
- Signature
- Explanatory note
1Title, application and commencement
The title of these Regulations is the Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.
These Regulations apply in relation to Wales.
These Regulations come into force on exit day.
2The Food (Lot Marking) Regulations 1996
The Food (Lot Marking) Regulations 1996f1 are amended as follows.
In regulation 2, omit the definition of “first seller established within the European Union”.
In regulation 3(2)(a), for “European Union” substitute “United Kingdom”.
3The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008
The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008f1 are amended as follows.
In regulation 2(1)—
omit the definition of “EU provision”;
at the appropriate place, insert—
““specified provision” (“darpariaeth benodedig”) means a provision referred to in regulation 6(2);”.
In regulation 5, for “EU” substitute “specified”.
In regulation 6—
in paragraph (1)(b), for “EU” substitute “specified”;
in paragraph (2), in the words before sub-paragraph (a), for “EU” substitute “specified”.
In regulation 7(2), for “EU” substitute “specified”.
4The Fish Labelling (Wales) Regulations 2013
The Fish Labelling (Wales) Regulations 2013f1 are amended as follows.
In regulation 2—
omit the definition of “the EU Regulations”;
at the appropriate place, insert—
““the specified Regulations” (“y Rheoliadau Penodedig”) means Regulation 1224/2009, Regulation 404/2011 and Regulation 1379/2013.”
in paragraph (2)(a) and (b), for “EU”, in each place it occurs, substitute “specified”.
In regulation 4—
in paragraph (3), for “and (5)”, in the second place it occurs, substitute “, (5) to (7) and (9)”;
in paragraph (7), for “the sterling equivalent of 50 euros” substitute “£45”.
In regulation 5(3), in the definition of “operator”, for “EU” substitute “specified”.
5The Food Information (Wales) Regulations 2014
In Schedule 5 to the Food Information (Wales) Regulations 2014f1, in Part 2, omit entry numbers 33 and 34.
6The Honey (Wales) Regulations 2015
In the Honey (Wales) Regulations 2015f1, after regulation 18 insert—
“Methods of analysis
18A.In carrying out its obligations under regulation 18, a food authority must, whenever possible, use a method of analysis approved by the Codex Alimentarius, or another internationally recognised validated method of analysis, to verify compliance with the provisions of these Regulations.”
7The Country of Origin of Certain Meats (Wales) Regulations 2015
In regulation 3(a) of the Country of Origin of Certain Meats (Wales) Regulations 2015f1, for “member State or third” substitute “single”.
Signature
Vaughan Gething
Minister for Health and Social Services, one of the Welsh Ministers
4 March 2019
Explanatory note
(This note is not part of the Regulations)
These Regulations, other than regulation 6, are made in exercise of the powers conferred on the Welsh Ministers by paragraph 1(1) of Schedule 2 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.
Regulation 6 is made under section 16 of the Food Safety Act 1990 (c. 16) to amend the Honey (Wales) Regulations 2015 to set the method of analysis that food authorities must use to verify compliance with those Regulations’ requirements.
These Regulations make amendments to subordinate legislation applying in Wales in the field of food composition and labelling.
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.