The Drinking Milk (Wales) Regulations 2010

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(1) 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)(2) 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(3), 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(4), 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(5) and sections 6(4), 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 1990(6) and now vested in the Welsh Ministers(7).

(1)

1972 c. 68.

(2)

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

(3)

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.

(4)

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”).

(5)

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

(6)

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.

(7)

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.