The Drinking Milk (Wales) Regulations 2010

Welsh Statutory Instruments

2010 No. 1492 (W.135)

FOOD, WALES

The Drinking Milk (Wales) Regulations 2010

Made

25 May 2010

Laid before the National Assembly for Wales

27 May 2010

Coming into force

18 June 2010

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 M1 and it appears to the Welsh Ministers that it is expedient for the references to the provisions of Article 114(2) of, and Annex XIII to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) M2 to be construed as references to those provisions as amended from time to time.

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 safety M3 , there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

In accordance with section 48(4A) of the Food Safety Act 1990 M4 , the Welsh Ministers have had regard to relevant advice from the Food Standards Agency.

The Welsh Ministers make the following Regulations in exercise of powers conferred by paragraph 1A of Schedule 2 to the European Communities Act 1972 M5 and sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 1990 M6 and now vested in the Welsh Ministers M7 .

Marginal Citations

M1 1972 c. 68.

M2 OJ No L 299, 16.11.2007, p. 1 to which there are amendments not relevant to these Regulations.

M3 OJ No. L 31, 1.2.2002, p. 1, as last amended by Commission Regulation (EC) No 596/2009 OJ No L188, 18.7.2009 p.14.

M4 1990 c. 16. Section 48(4A) is inserted by section 40(1) of, and Schedule 5, paragraph 21, to, the Food Standards Act 1999 (c. 28) (“the 1999 Act”).

M5 Paragraph 1A was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

M6 Section 6(4) is amended by section 31 of, and Schedule 9, paragraph 6, to, the Deregulation and Contracting Out Act 1994 c. 40 and section 40(1) of, and Schedule 5, paragraph 10(1) and (3), to, the 1999 Act; section 16(1) is amended by section 40(1) of, and Schedule 5, paragraphs 7 and 8, to, the 1999 Act; section 17(2) is amended by section 40(1) of, and Schedule 5, paragraphs 7, 8 and 12, to the 1999 Act; section 48(1) is amended by section (40)(1) of, and Schedule 5, paragraphs 7 and 8, to the 1999 Act.

M7 In relation to Wales functions formerly exercisable by “the Ministers” were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to the Government of Wales Act 2006 c. 32.

Title, commencement and application E+W

1.  The title of these Regulations is the Drinking Milk (Wales) Regulations 2010. They come into force on 18 June 2010 and apply in relation to Wales.

Interpretation E+W

2.—(1) In these Regulations—

“the 1990 Act” (“Deddf 1990”) means the Food Safety Act 1990;

F1 ...

“Article 114(2)” (“Erthygl 114(2)”) means Article 114(2) of the Council Regulation;

“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation);

“drinking milk” (“llaeth yfed”) has the meaning given in point I(b) of [F2 Part IV];

“food authority” (“awdurdod bwyd”) means a county council or a county borough council.

“milk” (“llaeth”) has the meaning given in point I(a) of [F2 Part IV];

[F3 “Part IV” (“Rhan IV”) means [F4 Part 4 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products], as amended from time to time;] and

“sell” (“gwerthu”) includes possess for sale and offer, expose or advertise for sale.

(2) Other expressions used in these Regulations and in the Council Regulation [F5 or Part IV] which are not defined in these Regulations have the same meaning in these Regulations as they have in the Council Regulation [F5 or Part IV].

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in reg. 2(1) omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(2)(a)

F2 Words in reg. 2(1) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(2)(b)

F3 Words in reg. 2(1) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(2)(c)

F4 Words in reg. 2(1) substituted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 23

F5 Words in reg. 2(2) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(3)

F6 Reg. 2(3) omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(4)

Sale or delivery of milk and use of sales description E+W

3.  No person may—

(a) sell or deliver milk; or

(b) use or omit to use a sales description for any product,

in contravention of Article 114(2) or point II(1) and (2) of [F7 Part IV as read with point III of Part IV].

Textual Amendments

F7 Words in reg. 3 substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(5)

Importation of products from outside the European Union for sale as drinking milk E+W

F8 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Reg. 4 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(6)

Enforcement E+W

5.—(1) Each food authority must enforce the provisions of these Regulations within its area.

(2) Each food authority must give such assistance and information to any other food authority in Great Britain as that other food authority may reasonably require for the purpose of carrying out its duties under these Regulations or an equivalent provision.

(3) In this regulation, “equivalent provision” (“darpariaeth gyfatebol”) means a provision in Regulations made in England or Scotland for the purpose of implementing Article 114(2) or [F9 Part IV].

Textual Amendments

F9 Words in reg. 5(3) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(7)

Offences and penalties E+W

6.  Any person who fails to comply with regulation 3 F10 ... is—

(a) guilty of an offence; and

(b) liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F10 Words in reg. 6 omitted (1.1.2014) by virtue of The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 4(8)

Application of provisions of the 1990 Act E+W

7.—(1) The provisions of the 1990 Act set out in paragraph (3) apply for the purposes of these Regulations.

(2) For the purposes of these Regulations, any reference in those provisions to the 1990 Act or to a Part of the 1990 Act must be construed as a reference to these Regulations.

(3) The provisions are—

(a) section 2 (extended meaning of “sale” etc.) M8 ;

(b) section 3 (presumptions that food intended for human consumption);

(c) section 20 (offences due to fault of another person);

(d) section 21 (defence of due diligence) M9 ;

(e) sub-section (8) of section 30 (analysis etc. of samples);

(f) section 33 (obstruction etc. of officers);

(g) sub-sections (1) to (3) of section 35 (punishment of offences) in so far as the sub-sections relate to offences under sub-sections (1) and (2) of section 33 M10 ;

(h) section 36 (offences by bodies corporate); and

(i) section 44 (protection of officers acting in good faith).

Marginal Citations

M8 Section 2 is amended by section 40(1) of, and Schedule 5, paragraphs 7 and 8, to, the Food Standards Act 1999 (c. 28).

M9 Section 21 is amended by S.I. 2004/3279.

M10 Section 35(3) is amended by S.I. 2004/3279.

Revocation E+W

8.  The Drinking Milk Regulations 1998 M11 are revoked in relation to Wales.

Marginal Citations

M11 S.I. 1998/2424.

Amendments E+W

F11 9.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Reg. 9 revoked (13.12.2014) by The Food Information (Wales) Regulations 2014 (S.I. 2014/2303), reg. 1(3), Sch. 6 Pt. 1

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales and come into force on 18 June 2010, make provision for the enforcement of Article 114(2) of, and Annex XIII (“the Annex”) to, Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ No L 299, 16.11.2007, p 1). The Drinking Milk Regulations 1998 (S.I. 1998/2424) are revoked by regulation 8.

The sale or delivery of milk and the use or non-use of a sales description for any product in contravention of the Annex is prohibited. (Regulation 3)

The importation of any product from outside the Community in contravention of point IV of the Annex is prohibited. (Regulation 4)

Regulation 5 makes provision for enforcement and regulation 6 contains provision about offences and penalties.

Certain provisions of the Food Safety Act 1990 are incorporated in the Regulations. (Regulation 7)

Regulation 9 contains amendments to the Food Labelling Regulations 1996 (S.I. 1996/1499).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.