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Regulation 3 Scope

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Subject to paragraphs (2) and (3), these Regulations apply to food which is ready for delivery to the ultimate consumer or to a catering establishment.

(2)

These Regulations shall not apply in respect of any food which is —

(a)

not intended for sale for human consumption; or

(b)

marked or labelled with a clear indication that the food is intended exclusively for consumption by babies or young children.

(3)

Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is —

(a)

brought into Wales from —

(i)

an EEA State (other than the United Kingdom), or

(ii)

another part of the United Kingdom,

in which it was lawfully sold, having been lawfully produced in an EEA State; or

(b)

brought into Wales from —

(i)

a Member State (other than the United Kingdom), or

(ii)

another part of the United Kingdom,

in which it was lawfully sold, having been lawfully produced in a Member State, or in which it was in free circulation and lawfully sold.

(4)

For the purposes of paragraph (3) —

  • “EEA State” (“Gwladwriaeth EEA”) means a State which is a Contracting Party to the Agreement on the European Economic Areaf1 signed at Oporto on 2nd May 1992 as adjusted by the Protocolf2 signed at Brussels on 17th March 1993;

  • “free circulation” (“cylchrediad rhydd”) has the same meaning as in Article 24 of the Treaty establishing the European Community;

  • “Member State” (“Aelod-wladwriaeth”) means a State which is a member of the European Community.

Annotations

Footnotes

f1

OJ No. L1, 3.1.94, p.1.

f2

OJ No. L1, 3.1.94, p.571.