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The Official Feed and Food Controls (Wales) Regulations 2006

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PART I PRELIMINARY

Title, commencement and application

1.  The title of these Regulations is the Official Feed and Food Controls (Wales) Regulations 2006, they come into force on 8 March 2006 and apply in relation to Wales.

Interpretation

2.—(1) In these Regulations—

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

“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“authorised officer” (“swyddog awdurdodedig”)—

(a)

in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority for the purposes of regulation 14; and

(b)

in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under Part II of these Regulations in relation to their execution and enforcement of regulation 16;

“competent authority” (“awdurdod cymwys”) means an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;

“feed authority” (“awdurdod bwyd anifeiliaid”) means the authority required by section 67(1A) of the Agriculture Act 1970(1) to enforce that Act within its area or district as the case may be;

“food authority” (“awdurdod bwyd”) has the meaning it bears by virtue of section 5(1A) of the Act;

“the Import Provisions” (“y Darpariaethau Mewnforio”) means Part II of these Regulations and Articles 15 to 24 of Regulation 882/2004;

“the Official Control Regulations” (“y Rheoliadau Rheolaethau Swyddogol”) means these Regulations and Regulation 882/2004;

“port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

“premises” (“mangre”) includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

“primary production” (“cynhyrchu sylfaenol”) has the meaning it bears in Regulation 852/2004;

“Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”); “Regulation 2074/2005” (“Rheoliad 2074/2005”) and “Regulation 2076/2005” (“Rheoliad 2076/2005”) have the meanings respectively given to them in Schedule 1;

“relevant enforcement authority” (“awdurdod gorfodi perthnasol”) means a body which, by virtue of regulation 17, is made responsible for executing and enforcing any provision of Part II of these Regulations;

“relevant feed law” (“cyfraith bwyd anifeiliaid berthnasol”) has the meaning given to it in Schedule 2; and

“relevant food law” (“cyfraith bwyd berthnasol”) has the meaning given to it in Schedule 3.

(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.

(3) Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004 as the case may be.

(4) Where any functions under the Act are assigned—

(a)by an order under section 2 of the Public Health (Control of Disease) Act 1984(2), to a port health authority; or

(b)by an order under section 6 of the Public Health Act 1936(3), to a joint board for a united district,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(2)

1984 c. 22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c. 16).

(3)

1936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

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