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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations are made by the Welsh Ministers in exercise of their powers under the Food Safety Act 1990 (c. 16) (“the 1990 Act”) and amend the Nutrition and Health Claims (Wales) Regulations 2007 (S.I. 2007/2611 (W. 222)) (“the 2007 Regulations”).

The 2007 Regulations provide for the execution and enforcement of certain provisions (“the specified provisions”) of Regulation (EC) No. 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (“Regulation 1924/2006”). Regulation 1924/2006 is assimilated direct legislation under the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).

The 2007 Regulations make it an offence to contravene the specified provisions. The 2007 Regulations also apply certain provisions of the 1990 Act for the purposes of the 2007 Regulations. Regulations 2(2) and 3(b) of these Regulations amend the 2007 Regulations to move the provision setting out the specified provisions from regulation 5 of the 2007 Regulations to regulation 2(1) of those Regulations. These Regulations amend the 2007 Regulations to make changes to the enforcement regime. This includes the application (with modifications, where appropriate) of the following provisions of the 1990 Act—

  1. a)

    section 10(1), to enable an improvement notice to be served requiring compliance with the specified provisions;

  2. b)

    section 10(2), to make a failure to comply with an improvement notice a criminal offence;

  3. c)

    section 32, to give authorised officers of an enforcement authority various powers including a power to enter premises to ascertain whether there is any breach, or evidence of a breach, of the specified provisions;

  4. d)

    section 33, to make it an offence to obstruct persons acting in execution of the 2007 Regulations, to fail to give such persons assistance or information in performance of their functions or to give them false or misleading information;

  5. e)

    section 35, to provide that where a person is guilty of an offence under section 10(2), they shall be liable, on summary conviction, to a fine;

  6. f)

    sections 37 and 39, to make provision in relation to appeals against improvement notices.

These Regulations also revoke regulation 7 of the 2007 Regulations (offence of obstruction of officers). This regulation is replaced by the application of the corresponding provisions in section 33 of the 1990 Act.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.