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The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (Wales) Regulations 2001

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Welsh Statutory Instruments

2001 No. 1691 (W.121)

FOOD, WALES

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (Wales) Regulations 2001

Made

1st May 2001

Coming into force

1st July 2002

In exercise of the powers conferred by sections 6(4), 16(1), 17(1), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1), which are now vested in it, the National Assembly for Wales(2), having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) of that Act with such organisations as appear to it to be representative of interests likely to be substantially affected by the Regulations, hereby makes the following Regulations:

Title and commencement

1.  These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (Wales) Regulations 2001 and shall come into force on 1st July 2002.

Amendment of previous Regulations in relation to Wales

2.  The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997(3), in so far as they apply to Wales, shall be amended —

(a)by the insertion, at the end of the definition of “the Directive” in paragraph (2) of regulation 1 (title, commencement and interpretation), of the words “and by Commission Directive 1999/39/EC (4)”; and

(b)in regulation 5 (manufacture and composition of processed cereal-based foods and baby foods)-

(i)by the deletion of the word “or” from the end of paragraph (c)(ii); and

(ii)by the insertion, at the end of paragraph (d), of the word “or” followed by the following paragraph:

(e)which —

(i)if it is manufactured as ready for consumption, contains, and

(ii)if it is not so manufactured, would if reconstituted according to its manufacturer’s instructions contain,

residues of any individual pesticide at a level exceeding 0.01mg/kg..

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(5).

Dafydd Elis-Thomas

Presiding Officer National Assembly for Wales

1st May 2001

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 in relation to Wales, in implementation of Commission Directive 1999/39/EC amending Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children.

The regulations extend the prohibitions on manufacture and sale in the 1997 Regulations to food of that nature containing individual pesticide residues above a level of 0.01 mg/kg, measured when ready for use or when reconstituted according to manufacturer’s instructions (regulation 2(b)), and bring the reference to the 1996 Directive up to date (regulation 2(a)).

A regulatory appraisal for these Regulations has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Cardiff CF10 1EW

(1)

1990 c. 16. Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40).

(2)

Functions of “the Ministers” under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the

(3)

S.I. 1997/2042, amended by S.I. 1999/275.

(4)

OJ No. L124, 18.5.1999, p.8.

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