The Nutrition and Health Claims (Wales) (Amendment) Regulations 2010

Welsh Statutory Instruments

2010 No. 1849 (W.180)

FOOD, WALES

The Nutrition and Health Claims (Wales) (Amendment) Regulations 2010

Made

19 July 2010

Laid before the National Assembly for Wales

21 July 2010

Coming into force

1 October 2010

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990(1), as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(2).

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

These Regulations make provision for a purpose mentioned in section 2( 2) of the European Comunities Act 1972 and it appears to the Welsh Ministers that it is expedient for references to the Annex to the EU instrument mentioned in regulation 3 to be construed as references to that Annex as it may be 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 these Regulations.

Title and commencement

1.  The title of these Regulations is The Nutrition and Health Claims (Wales) (Amendment) Regulations 2010 and they come into force on 1 October 2010.

Amendment to the Nutrition and Health Claims (Wales) Regulations 2007

2.  The Nutrition and Health Claims (Wales) Regulations 2007(4) are amended in accordance with regulation 3.

3.  In regulation 2(1) (interpretation) for the definition of “the Regulation” substitute the following definition—

• ““the Regulation” (“y Rheoliad”) means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods including any amendments to the Annex to that Regulation as may be made from time to time(5).”.

Gwerda Thomas

Deputy Minister for Social Services, under authority of the Minister for Health and Social Services, one of the Welsh Ministers

19 July 2010

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the definition of “the Regulation”, meaning Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods (OJ No. L12, 18.1.2007, p.3), contained in regulation 2 of the Nutrition and Health Claims (Wales) Regulations 2007 (S.I. 2007/2611). The effect of the amendment is that a reference to the Regulation in S.I. 2007/2611 now includes any future amendments to its Annex, which consists of the list of authorised nutrition claims and conditions relating to their use (regulation 3).

(1)

1990 c. 16. Functions of the “Ministers” so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28) and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

(2)

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c. 51).

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

(4)

S.I. 2007/2611 (W.222).

(5)

The full correct text of this Regulation is set out in a Corrigendum (OJ No. L12, 18.1.2007, p.3). The Regulation was last amended by Commission Regulation (EC) No. 116/2010 (OJ No. L37, 10.02.2010, p.16).