2014 No. 3080 (W. 305)
Food, Wales
The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014
Made 19 November 2014
Laid before the National Assembly for Wales 20 November 2014
Coming into force 13 December 2014

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 16(1)(e) and 48(1) of the Food Safety Act 1990.
1972 c. 68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).
Section 16(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999 (c. 28).
Section 48(1) was amended by section 40(1) of, and paragraphs 7 and 8 of Schedule 5 to, the Food Standards Act 1999.
1990 c. 16. Functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the Food Standards Act 1999, and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).
The Welsh Ministers have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food.
S.I. 2005/1971. By virtue of section 162 and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers.
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, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
OJ No L 31, 1.2.2002, p 1, as last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council laying down provisions for the management of expenditure relating to the food chain, animal health and animal welfare, and relating to plant health and plant reproductive material (OJ No L 189, 27.6.2014, p 1).
So far as the Regulations are made in exercise of powers under the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of that Act.
Section 48(4A) was inserted by section 40(1) of, and paragraphs 7 and 21 of Schedule 5 to, the Food Standards Act 1999.

1 Title, commencement and application
1 The title of these Regulations is the Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014.
2 These Regulations come into force on 13 December 2014 and apply in relation to Wales.

2 Amendments to the Food Hygiene (Wales) Regulations 2006
1 The Food Hygiene (Wales) Regulations 2006 are amended in accordance with paragraphs (2) and (3).
S.I. 2006/31 (W. 5) as amended by S.I. 2006/1534 (W. 151), S.I. 2007/373 (W. 33), S.I. 2010/893 (W. 92), S.I. 2012/975 (W. 129), S.I. 2012/1765 (W. 225), S.I. 2013/479 (W. 55), S.I. 2013/3007 (W. 298), S.I. 2013/3049 (W. 308), S.I. 2014/1858 (W. 192) and S.I. 2014/2303 (W. 227).
2 In regulation 17 (offences and penalties)—
(a) in paragraph (2), for “Subject to paragraph (3)” substitute “Subject to paragraphs (3) and (3A)”;
(b) after paragraph (3), insert the following paragraph—

“3A A person guilty of an offence under paragraph 1A or 1B of Schedule 6 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.”

3 In Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption)—
(a) after paragraph 1, insert the following paragraphs—

“1A Any person who sells raw milk in contravention of paragraph 7A commits an offence.
1B Any person who sells raw milk in contravention of paragraph 7B commits an offence.”

;
(b) after paragraph 7, insert the following paragraphs—

“7A Except in cases to which paragraph 7B applies, the container in which any raw milk is sold must be marked or labelled with the words “This milk has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.
7B In the case of any raw milk which is not prepacked and is sold at a catering establishment there must appear—
(a) on a label attached to the container in which that milk is sold, or
(b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk,
the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness.”.
7C In addition to the English text that must be included by virtue of paragraph 7A, the mark or label may include the Welsh text “Nid yw’r llaeth hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.
7D In addition to the English text that must be included by virtue of paragraph 7B, the label, ticket or notice may include the Welsh text “Nid yw’r llaeth a ddarperir yn y sefydliad hwn wedi ei drin â gwres a gall felly gynnwys organeddau sy’n niweidiol i iechyd. Mae’r Asiantaeth Safonau Bwyd yn cynghori’n gryf na ddylai gael ei yfed gan blant, merched beichiog, pobl hŷn neu’r rhai sy’n sâl neu â salwch cronig.”.
7E Nothing in this Schedule prevents the following being marked or labelled, as appropriate, with text corresponding to that which is required by virtue of paragraphs 7A and 7B in any other language in addition to Welsh and English—
(a) the container in which raw milk is sold;
(b) in the case of raw milk which is not prepacked and is sold at a catering establishment—
(i) a label attached to the container in which that milk is sold,
(ii) a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk.”

;
(c) in paragraph 8, in the appropriate place in alphabetical order insert—

““catering establishment” (“sefydliad arlwyo”) means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;”

;

““labelling” (“labelu”), in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;”

;

““prepacked” (“wedi ei ragbecynnu”), in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment;”

.
Mark Drakeford Minister for Health and Social Services, one of the Welsh Ministers 19 November 2014

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which apply to Wales, amend the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W. 5)), as already amended) (“the 2006 Regulations”). The Regulations make provision about raw milk, and are therefore related to the requirements provided for by Section IX of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No L 139, 30.04.2004, p 55).
Regulation 2 amends Schedule 6 to the 2006 Regulations so as to provide for the continuation in force in Wales of the requirement for the container in which raw milk is sold to be marked or labelled with a health warning. Where raw milk is not prepacked and is sold at a catering establishment, the health warning must appear on a label attached to the container or on a ticket or notice that is readily discernible at the place where the purchaser chooses that milk. Languages in addition to English may be used on the marking or label.
The current health warning requirement is provided for by regulation 31 of the Food Labelling Regulations 1996 (S.I. 1996/1499, as amended) (“the 1996 Regulations”). Regulation 31 of the 1996 Regulations will be revoked on 13 December 2014 by regulation 13 of, and Part 1 of Schedule 6 to, the Food Information (Wales) Regulations 2014 (S.I. 2014/2303 (W. 227)).
Regulation 2 of these Regulations also provides that any person who sells raw milk in contravention of the health warning requirements is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.