The Food Information (Wales) (Amendment) Regulations 2016

Title, application and commencement

1.—(1) The title of these Regulations is the Food Information (Wales) (Amendment) Regulations 2016.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 20 July 2016.

Amendment of the Food Information (Wales) Regulations 2014

2.—(1) The Food Information (Wales) Regulations 2014 are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) at the end of the definition of “prepacked for direct sale”, omit “and”;

(ii) at the end of the definition of “ready for consumption”, for “.” substitute—

• “; and

“Regulation 828/2014” (“Rheoliad 828/2014”) means Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.”;

(b) in paragraph (3), after “(including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies),” insert “or to Regulation 828/2014 or a provision of Regulation 828/2014,”.

(3) In regulation 10 (offence)—

(a) in paragraph (1)(a) for “, or” substitute “;”;

(b) in paragraph (1)(b) for “.” substitute “; or”;

(c) after paragraph (1)(b) insert—

“(c) any provision of Regulation 828/2014 specified in paragraph (3).”;

(d) after paragraph (2), insert—

“(3) The provisions of Regulation 828/2014 are—

(a) Article 3(1) as read with Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2 and 3(2) and (3) of and the Annex to Regulation 828/2014;

(b) Article 4 as read with Article 2.”

(4) In regulation 12 (application of provisions of the Act)—

(a) in paragraph (1)(a)(i) after “provision of FIC” insert “or Regulation 828/2014”;

(b) in paragraph (2)(a) after “provision of FIC” insert “or Regulation 828/2014”.

(5) In Schedule 1 (provisions of these Regulations that contain ambulatory references to FIC by virtue of regulation 2(3))—

(a) in the heading after “FIC” insert “or Regulation 828/2014”; and

(b) in the first line, after “except for the definition of “FIC””, insert “and Regulation 828/2014”.

(6) In Schedule 4 (application and modification of provisions of the Act)—

(a) in Part 1, paragraph 1—

(i) at the end of subsection (1A)(c) omit “or”;

(ii) at the end of subsection (1A)(d)(iii) omit “or”;

(iii) at the end of subsection (1A)(d)(iv) for “.” substitute—

“; or

(e) a provision of Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food specified in the table in Part 4 of Schedule 5 to the Food Information Regulations (Wales) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations).”;

(b) in Part 2, paragraph 2, in paragraph (a)(iii) after “any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council” insert “or Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food”.

(7) In Schedule 5 (improvement notices – specified FIC provisions)—

(a) in the heading, omit “FIC”;

(b) after Part 3 insert—

“PART 4 Regulation 828/2014 provisions in relation to which improvement notices may be served on and from 20 July 2016

Provision of Regulation 828/2014	Provision to be read with the provision of Regulation 828/2014
Article 3(1)	Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2 and 3(2) and (3) of and the Annex to Regulation 828/2014
Article 4	Article 2 of Regulation 828/2014”.

Revocation

3.  The Foodstuffs Suitable for People Intolerant to Gluten (Wales) Regulations 2010(1) are revoked.

Rebecca Evans

Minister for Social Services and Public Health under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers

22 June 2016