2009 No. 3105 (W.271)
The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2009
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(2), 26(1)(a) and (2)(a) and 48(1) of the Food Safety Act 19901 which are now vested in them2.
In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.
As required by Article 9 of 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 safety3, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Title, commencement and application1
1
The title of these Regulations is the Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 2009, and they come into force on 19 December 2009.
2
These Regulations apply in relation to Wales.
Amendments to the Materials and Articles in Contact with Food (Wales) Regulations 2007
2
The Materials and Articles in Contact with Food (Wales) Regulations 20074 are amended in accordance with regulations 3 to 9.
3
In regulation 2 (interpretation)—
a
in paragraph (1)—
i
after the definition of “Regulation 2023/2006” (“Rheoliad 2023/2006”) insert the following definition—
“Regulation 450/2009” (“Rheoliad 450/2009”) means Commission Regulation (EC) No. 450/2009 on active and intelligent materials and articles intended to come into contact with food5;
ii
in the definition of “import” (“mewnforio”) for “a Member State” substitute “an EEA State”; and
b
paragraph (2) is omitted.
4
After regulation 4 (enforcement of Regulation 1935/2004) insert the following as regulation 4A—
Enforcement of Regulation 450/20094A
Any person who contravenes any of the following provisions of Regulation 450/2009 is guilty of an offence—
a
Article 4(f) (prohibition on the placing on the market of active and intelligent materials and articles that do not comply with labelling requirements);
b
Article 11(1) and (2) (additional rules on labelling), as read with the 4th indent of Article 14;
c
Article 12 (declaration of compliance); and
d
Article 13 (supporting documentation).
5
After regulation 6 (competent authorities for the purposes of Regulation 1934/2004), insert the following as regulation 6A—
Competent authorities for the purposes of Regulation 450/20096A
The competent authorities for the purposes of Article 13 of Regulation 450/2009 are the Food Standards Agency and the authority having responsibility for enforcement pursuant to regulation 14(1).
6
In paragraph (2)(a) of regulation 13 (offences and penalties), for “regulation 4 or 5” substitute “regulation 4, 4A or 5”.
7
For regulation 14 (enforcement) substitute the following—
14
1
Each food authority in its area and each port health authority in its district must execute and enforce—
a
the provisions of Regulation 1935/2004 mentioned in regulation 4;
b
the provisions of Regulation 450/2009 mentioned in regulation 4A; and
c
subject to paragraph (3), these Regulations.
2
The Food Standards Agency may execute and enforce the provisions of—
a
Articles 16(1) and 17(2) of Regulation 1935/2004; and
b
Article 13 of Regulation 450/2009.
3
Each food authority in its area must execute and enforce the provisions of Regulation 2023/2006 mentioned in regulation 5.
8
In paragraph (2) of regulation 18 (general defences), for “regulation 4 or 13(1)(a)” substitute “regulation 4, 4A or 13(1)(a)”.
9
In regulation 21 (application of various provisions of the Act)—
a
in paragraph (2), for “Regulation 1935/2004 or as appropriate to Regulation 2023/2006.” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate.”; and
b
in paragraph (3), for “Regulation 1935/2004 or, as appropriate Regulation 2023/2006,” substitute “Regulation 1935/2004, Regulation 2023/2006 or Regulation 450/2009 as appropriate”.
(This note is not part of the Regulations)