Paragraph 1 F1
England and Wales
For section 10(1) of the Act (improvement notices) substitute—
“(1)If an authorised officer has reasonable grounds for believing that a person is failing to comply with any provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the authorised officer’s grounds for believing that the person is failing to comply with the relevant provision;
(b)specify the matters which constitute the person’s failure to so comply;
(c)specify the measures which, in the authorised officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.
(1A)The provisions referred to in subsection (1) are—
(a)regulations F210A(1), 10A(3) and 12(6) of the Materials and Articles in Contact with Food (Wales) Regulations 2012;
(b)Article 16 of Regulation 1935/2004;
(c)Article 5 of Regulation 1895/2005;
(d)Articles 12 and 13 of Regulation 450/2009; F3...
(e)the second sentence of Article 8, Article 15 as read with Annex IV, and Article 16 of Regulation 10/2011 F4; and
(F5f)Article 4 of Regulation 2018/213. ”
Annotations
Textual amendments
- F1
Sch. 2 inserted (14.9.2017) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2017 (S.I. 2017/832), reg. 1(3), Sch.
- F2
Words in Sch. 2 para. 1 substituted (31.12.2020) by S.I. 2019/425, reg. 3(6B) (as inserted by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(c))
- F3
Word in Sch. 2 Pt. 1, omitted (6.9.2018) by virtue of The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(a)
- F4
Word in Sch. 2 Pt. 1, substituted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(b)
- F5
Words in Sch. 2 Pt. 1, inserted (6.9.2018) by The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2018 (S.I. 2018/913), regs. 1(3), 9(c)