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The Food Information (Wales) Regulations 2014

W.S.I. 2014/2303 · Made 28 August 2014 · Extends to England and Wales

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

Food, Wales

Made 28 August 2014

Laid before National Assembly for Wales 29 August 2014

Coming into force in accordance with regulation 1(3) to (6)

The following Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M1 and it appears to the Welsh Ministers that it is expedient for references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 M2 in particular provisions of these Regulations to be construed as references to that Regulation as amended from time to time.

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972—

  1. (a)

    in relation to measures relating to food (including drink) M3;

  2. (b)

    in relation to the common agricultural policy M4.

So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990 M5, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) M6 of that Act.

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 safety M7, during the preparation and evaluation of the following Regulations.

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

  1. (a)

    so far as relating to regulation 2(3) and Schedule 1, paragraph 1A of Schedule 2 to the European Communities Act 1972 M8;

  2. (b)

    so far as relating to regulations 13 and 14 and Schedules 6 and 7—

    1. (i)

      section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972;

    2. (ii)

      sections 6(4), 16(1), 17, 18, 26, 45 and 48(1) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety Act 1990 M9 and now vested in the Welsh Ministers M10; and

    3. (iii)

      sections 4(1), (2), (3), (4) and (8) and 10 of the Healthy Eating in Schools (Wales) Measure 2009 M11; and

  3. (c)

    so far as relating to the remaining regulations and Schedules, sections 6(4), 16(1)(e), 17(1) and (2), 26(3) and 48(1) of the Food Safety Act 1990 and now vested in the Welsh Ministers.

Annotations to the whole text

Marginal citations

M1

1972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

M2

OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

M3

S.I. 2005/1971, functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

M4

S.I. 2010/2690.

M5

1990 c. 16.

M6

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

M7

OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

M8

1972 c.68 Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

M9

1990 c.16 Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and paragraph 10(1) and (3) of Schedule 5 to the Food Standards Act 1999 (“the 1999 Act”) and partially repealed by Schedule 6 to the 1999 Act and S.I. 2002/794. Section 16(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17 was amended by paragraphs 8 and 12 of Schedule 5 to the 1999 Act and S.I. 2011/1043. Section 18 was amended by paragraphs 8 and 13 of Schedule 5 to the 1999 Act. Section 26 was partially repealed by Schedule 6 to the 1999 Act. Section 45 was amended by paragraphs 8 and 20 of Schedule 5 to the 1999 Act. Section 48(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act.

M10

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).

M11

2009 nawm 3.

Contents

  1. 1Title, application and commencement
  2. 2Interpretation
  3. 3Derogation relating to milk and milk products
  4. 4Derogation relating to minced meat
  5. 5Foods that are not prepacked etc. containing an allergenic substance or product etc.
  6. 5AFoods that are prepacked for direct sale – duty to list ingredients
  7. 6Foods that are not prepacked etc. – general requirement to name them
  8. 6AFoods that are prepacked for direct sale – general requirement to name them
  9. 7Foods that are not prepacked etc. containing meat and other ingredients
  10. 8Irradiated foods
  11. 9Enforcement
  12. 10Offence
  13. 11Penalty
  14. 12Application of provisions of the Act
  15. 13Revocations
  16. 14Consequential and other minor amendments to statutory instruments
  17. 15Transitional provisions: withdrawal from the EU
  18. 16Transitional provision: the Trade and Cooperation Agreement
  19. Signature
  20. Schedule 1Provisions of these Regulations that contain ambulatory references to FIC or Regulation 828/2014 by virtue of regulation 2(3)
  21. Paragraph
  22. Paragraph
  23. Paragraph
  24. Paragraph
  25. Paragraph
  26. Paragraph
  27. Paragraph
  28. Paragraph
  29. Paragraph
  30. Paragraph
  31. Schedule 2: National mark for derogation relating to minced meat
  32. 1The national mark
  33. Part 2: Specifications for the national mark
  34. 1Paragraph 1
  35. 2Paragraph 2
  36. 3Paragraph 3
  37. 4Paragraph 4
  38. Schedule 3: Foods to which regulation 7 does not apply
  39. 1Paragraph 1
  40. 2Paragraph 2
  41. 3Paragraph 3
  42. 4Paragraph 4
  43. 5Paragraph 5
  44. 6Paragraph 6
  45. 7Paragraph 7
  46. Schedule 4: Application and modification of provisions of the Act
  47. Part 1: Modification of section 10(1)
  48. 1Paragraph 1
  49. Part 2: Modification of section 32(1)
  50. 2Paragraph 2
  51. Part 3: Modification of section 37(1) and (6)
  52. 3Paragraph 3
  53. 4Paragraph 4
  54. Part 4: Modification of section 39(1) and (3)
  55. 5Paragraph 5
  56. 6Paragraph 6
  57. 5Application and modification of other provisions of the Act
  58. Schedule 5: Improvement notices - specified ... provisions
  59. 1FIC provision in relation to which an improvement notice may be served on and from 19 September 2014
  60. 2FIC provisions in relation to which an improvement notice may be served on and from 13 December 2014
  61. 3FIC provision in relation to which an improvement notice may be served on and from 13 December 2016
  62. 4Regulation 828/2014 provisions in relation to which improvement notices may be served on and from 20 July 2016
  63. 5FIC Provision in relation to which an Improvement Notice may be served on and from 1 April 2020.
  64. Schedule 6: Revocations
  65. 1Revocations coming into force on 13 December 2014
  66. 2Revocations coming into force on 13 December 2018
  67. Schedule 7: Consequential and other minor amendments to statutory instruments
  68. Part 1: Consequential and other minor amendments coming into force on 19 September 2014
  69. 1The Food Labelling Regulations 1996
  70. 2Paragraph 2
  71. 3Paragraph 3
  72. 4The Food (Lot Marking) Regulations 1996
  73. 5Paragraph 5
  74. 6The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007
  75. 7Paragraph 7
  76. 8The Nutrition and Health Claims (Wales) Regulations 2007
  77. 9Paragraph 9
  78. Part 2: Consequential and other minor amendments coming into force on 13 December 2014
  79. 10The Food Labelling Regulations 1996
  80. 11Paragraph 11
  81. 12Paragraph 12
  82. 13Paragraph 13
  83. 14The Food (Lot Marking) Regulations 1996
  84. 15Paragraph 15
  85. 16Paragraph 16
  86. 17The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997
  87. 18Paragraph 18
  88. 19The Bread and Flour Regulations 1998
  89. 20Paragraph 20
  90. 21The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001
  91. 22Paragraph 22
  92. 23Paragraph 23
  93. 24The Food Supplements (Wales) Regulations 2003
  94. 25Paragraph 25
  95. 26Paragraph 26
  96. 27Paragraph 27
  97. 28The Cocoa and Chocolate Products (Wales) Regulations 2003
  98. 29Paragraph 29
  99. 30Paragraph 30
  100. 31Paragraph 31
  101. 32The Honey (Wales) Regulations 2003 Repealed
  102. 33Paragraph 33 Repealed
  103. 34Paragraph 34 Repealed
  104. 35The Specified Sugar Products (Wales) Regulations 2003
  105. 36Paragraph 36
  106. 37Paragraph 37
  107. 38The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004
  108. 39Paragraph 39
  109. 40The Food Hygiene (Wales) Regulations 2006
  110. 41Paragraph 41
  111. 42The Quick-frozen Foodstuffs (Wales) Regulations 2007
  112. 43Paragraph 43
  113. 44Paragraph 44
  114. 45The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007
  115. 46Paragraph 46
  116. 47The Nutrition and Health Claims (Wales) Regulations 2007
  117. 48Paragraph 48
  118. 49The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007 Repealed
  119. 50Paragraph 50 Repealed
  120. 51The Eggs and Chicks (Wales) Regulations 2010
  121. 52Paragraph 52
  122. 53Paragraph 53
  123. 54The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013
  124. 55Paragraph 55
  125. Explanatory note