The Cocoa and Chocolate Products (Wales) Regulations 2003

Interpretation

2.—(1) In these Regulations —

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“catering establishment” (“sefydliad arlwyo”) means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;

“designated product” (“cynnyrch dynodedig”) means any cocoa or chocolate product specified in column 2 of Schedule 1, as read with any Note to that Schedule and any provision of regulation 3 and Schedule 2 relating to that product; and “designated chocolate product” (“cynnyrch siocled dynodedig”) and “designated cocoa product” (“chynnyrch coco dynodedig”) mean any such product which is respectively a chocolate product or a cocoa product;

“EEA Agreement” (“Cytundeb EEA”) means the Agreement on the European Economic Area(1) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(2) signed at Brussels on 17th March 1993;

“EEA State” (“Gwladwriaeth EEA”) means a State which is a Contracting Party to the EEA Agreement;

“food authority” (“awdurdod bwyd”) has the same meaning as in section 5(1A) and (3)(a) and (b) of the Food Safety Act 1990;

“the 1996 Regulations” (“Rheoliadau 1996”) means the Food Labelling Regulations 1996(3);

“other edible substances” (“sylweddau bwytadwy eraill”) does not include vegetable fats referred to in regulation 3 or the filling of any product specified in column 2 of item 7 or of item 10(a) of Schedule 1;

“preparation” (“paratoi”) includes manufacture and any form of processing or treatment;

“reserved description” (“disgrifiad neilltuedig”), as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1;

“sell” (“gwerthu”) includes offer or expose for sale or have in possession for sale, and “sale” (“gwerthiant”) shall be construed accordingly; and

“ultimate consumer” (“defnyddiwr olaf”) means any person who buys otherwise than —

(a)

for the purpose of resale,

(b)

for the purposes of a catering establishment, or

(c)

for the purposes of a manufacturing business.

(2) Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.

(1)

OJ No. L1, 3.1.94, p.1.

(2)

OJ No. L1, 3.1.94, p.571.

(3)

S.I. 1996/1499; the relevant amending instrument is S.I. 1998/1398.