SCHEDULES

SCHEDULE 1DEFINITIONS OF COMMUNITY LEGISLATION

Regulation 2(1)

  • “Regulation 178/2002” (“Rheoliad 178/2002”) means 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 safety17 as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety18;

  • “Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs19;

  • “Regulation 853/2004” (“Rheoliad 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin20 as read with Directive 2004/41;

  • “Regulation 882/2004” (“Rheoliad 882/2004”) means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules21; and

  • “Directive 2004/41” (“Cyfarwyddeb 2004/41”) means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC22.

SCHEDULE 2DEFINITION OF RELEVANT FEED LAW

Regulation 2(1)

“relevant feed law” (“cyfraith bwyd anifeiliaid berthnasol”) means —

a

Part IV of the Agriculture Act 197023 in so far as it applies in relation to feeding stuffs;

b

the Feeding Stuffs (Sampling and Analysis) Regulations 199924;

c

the Feeding Stuffs (Establishments and Intermediaries) Regulations 199925;

d

the Feeding Stuffs (Enforcement) Regulations 199926 except in so far as they involve the checking of products for compliance with any Community provision covered by the first indent of Article 2.1(a) of Directive 95/53/EC fixing the principles governing the organisation of official inspections in the field of animal nutrition27 as last amended by Directive 2001/46/EC28, in so far as that Community provision is implemented in the Feedingstuffs (Zootechnical Products) Regulations 199929;

e

the Feeding Stuffs (Wales) Regulations 200130;

f

the Genetically Modified Animal Feed (Wales) Regulations 200431;

g

the Feeding Stuffs (Safety Requirements for Feed for Food-Producing Animals) Regulations 200032); and

h

the Food Hygiene (Wales) Regulations 2005 in so far as they apply in relation to feed.

SCHEDULE 3DEFINITION OF RELEVANT FOOD LAW

Regulation 2(1)

“relevant food law” (“cyfraith bwyd berthnasol”) means —

a

food law in so far as it applies in relation to food, except in so far as it involves —

i

the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 199733,

ii

the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 199934,

iii

the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs35 as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded36,

iv

the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs37as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

v

the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 200338 and the Organic Products Regulations 200439,

vi

the regulation of beef labelling under the Beef Labelling (Enforcement) (Wales) Regulations 200140, and

vii

the regulation of the import of and trade in products of animal origin —

aa

under the Products of Animal Origin (Import and Export) Regulations 199641, with the exception of the execution and enforcement of regulation 3 thereof by the Agency, and

bb

under the Products of Animal Origin (Third Country Imports) (Wales) Regulations 200542, with the exception of the execution and enforcement of regulation 5 thereof by the Agency;

b

food law in so far as it applies in relation to materials and articles in contact with food except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 198843; and

c

food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene (Wales) Regulations 2005.

SCHEDULE 4COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Regulation 3(1)

Column 1

Column 2

Column 3

Item

Competent authority

Provisions of Regulation 882/2004

1.

The Agency

Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12 19(1), (2) and (3)24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52 and 54

2.

The feed authority

Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

SCHEDULE 5COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Regulation 3(3)

Column 1

Column 2

Column 3

Item

Competent authority

Provisions of Regulation 882/2004

1.

The Agency

Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31(1) and (2), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54

2.

The food authority

Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

SCHEDULE 6REVOCATIONS

Regulation 48

PART 1 —REVOCATION OF INSTRUMENTS THAT APPLY IN RELATION TO WALES AND OTHER PARTS OF GREAT BRITAIN

Column 1

Column 2

Column 3

Instruments

Reference

Extent of revocation

The Arsenic in Food Regulations 1959

S.I.1959/831

Regulation 6(a)

The Mineral Hydrocarbons in Food Regulations 1966

S.I.1966/1073

Regulation 10(a)

The Erucic Acid in Food Regulations 1977

S.I.1977/691

Regulation 6(a)

The Chloroform in Food Regulations 1980

S.I.1980/36

Regulation 7(a)

The Imported Food Regulations 1984

S.I.1984/1918

The whole Regulations

The Caseins and Caseinates Regulations 1985

S.I.1985/2026

Regulation 11(a)

The Food (Control of Irradiation) Regulations 1990

S.I.1990/2490

Regulation 8

The Food Safety (Exports) Regulations 1991

S.I.1991/1476

The whole Regulations

The Flavourings in Food Regulations 1992

S.I.1992/1971

Regulation 8

The Food Additives Labelling Regulations 1992

S.I.1992/1978

Regulation 6

The Extraction Solvents in Food Regulations 1993

S.I.1993/1658

Regulation 6

The Infant Formula and Follow-on Formula Regulations 1995

S.I.1995/77

Regulations 5(2) and 6(2)

The Sweeteners in Food Regulations 1995

S.I.1995/3123

Regulation 8

The Colours in Food Regulations 1995

S.I.1995/3124

Regulation 10

The Miscellaneous Food Additives Regulations 1995

S.I.1995/3187

Regulation 8

The Food Labelling Regulations 1996

S.I.1996/1499

Regulation 47

The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997

S.I.1997/1729

Regulation 29

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

S.I.1997/2182

Regulation 8

The Imported Food Regulations 1997

S.I.1997/2537

The whole Regulations

The Bread and Flour Regulations 1998

S.I.1998/141

Regulation 9

The Plastic Materials and Articles in Contact with Food Regulations 1998

S.I.1998/1376

Regulation 3(2)

The Drinking Milk Regulations 1998

S.I.1998/2424

Regulation 7

The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations 1999

S.I.1999/1540

Regulation 18(1) and (3)

PART 2 —REVOCATION OF INSTRUMENTS THAT APPLY IN RELATION TO WALES

Column 1

Column 2

Column 3

Instruments

Reference

Extent of revocation

The Medical Food (Wales) Regulations 2000

S.I.2000/1866 (W.125)

Regulation 6

The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001

S.I.2001/1361 (W.89)

Regulation 7

The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001

S.I.2001/1440 (W.102)

Regulation 9

The Food For Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2002

S.I.2002/2939 (W.280)

Regulation 8

The Food Supplements (Wales) Regulations 2003

S.I.2003/1719 (W.186)

Regulation 10

The Cocoa and Chocolate Products (Wales) Regulations 2003

S.I.2003/3037 (W.285)

Regulation 9

The Fruit Juices and Fruit Nectars (Wales) Regulations 2003

S.I.2003/3041 (W.286)

Regulation 8

The Honey (Wales) Regulations 2003

S.I.2003/3044 (W.288)

Regulation 8

The Specified Sugar Products (Wales) Regulations 2003

S.I.2003/3047 (W.290)

Regulation 8

The Condensed Milk and Dried Milk (Wales) Regulations 2003

S.I.2003/3053 (W.291)

Regulation 8

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004

S.I.2004/314 (W.32)

Regulation 11

The Jam and Similar Products (Wales) Regulations 2004

S.I.2004/553 (W.56)

Regulation 8

The Meat Products (Wales) Regulations 2004

S.I.2004/1396 (W.141)

Regulation 10(b)

The Contaminants in Food (Wales) Regulations 2005

S.I.2005/364 (W.31)

Regulation 6

The Food with Added Phytosterols or Phytostanols (Labelling) (Wales) Regulations 2005

S.I.2005/1224 (W.82)

Regulation 9

The Materials and Articles in Contact with Food (Wales) Regulations 2005

S.I.2005/1647 (W.128)

Regulation 10(3)