PART 1Introduction

Title, application and commencement1

1

The title of these Regulations is the Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018.

2

These Regulations apply in relation to Wales.

3

These Regulations come into force on 26 July 2018.

PART 2Amendments to food and feed-related subordinate legislation

The Food (Lot Marking) Regulations 19962

In regulation 4 of the Food (Lot Marking) Regulations 199615, omit paragraph (f).

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 19973

In regulation 3(f) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 199716, for “2(1)(a)” substitute “2(1)”.

The Bread and Flour Regulations 19984

1

The Bread and Flour Regulations 199817 are amended as follows.

2

In regulation 2(1)—

a

omit the definition of “flour treatment agent”;

b

in the definition of “food additive”, for “the Miscellaneous Food Additives Regulations 1995” substitute “Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives18”.

The Medical Food (Wales) Regulations 20005

In regulation 2 of the Medical Food (Wales) Regulations 200019, for the definition of “the Directive” substitute—

The Coffee Extracts and Chicory Extracts (Wales) Regulations 20016

1

The Coffee Extracts and Chicory Extracts (Wales) Regulations 200122 are amended as follows.

2

In regulation 7(3), for the words from “paragraphs 1 and 2” to “human consumption” substitute “Annex 3 to Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules23”.

3

Omit regulation 8.

The Cocoa and Chocolate Products (Wales) Regulations 20037

1

The Cocoa and Chocolate Products (Wales) Regulations 200324 are amended as follows.

2

In regulation 2(1), omit the definitions of “EEA Agreement” and “EEA State”.

3

In regulation 7(2)(a), for “the 1996 Regulations”, substitute “Article 9(1)(b) of Regulation (EU) No 1169/201125”.

4

Omit regulation 12.

The Specified Sugar Products (Wales) Regulations 20038

1

The Specified Sugar Products (Wales) Regulations 200326 are amended as follows.

2

In regulation 2, omit the definitions of “EEA Agreement” and “EEA State”.

3

Omit regulation 11.

4

In Schedule 1—

a

in the table—

i

in entry 5, in column 2, in sub-paragraph (c), for “paragraph 4” substitute “paragraph 3”;

ii

in entry 11, in column 2, for “paragraph (2)” substitute “paragraph 3”;

b

in note 7—

i

for “Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Recast)” substitute “Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (Recast) as Annex I to which is amended from time to time27”;

ii

for “Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives” substitute “Regulation (EC) No. 1333/2008 of the European Parliament and of the Council on food additives as the Annexes to which are amended from time to time28”.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 20049

In regulation 2(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 200429, omit the definitions of “EEA Agreement” and “EEA State”.

The Genetically Modified Food (Wales) Regulations 200410

In the Genetically Modified Food (Wales) Regulations 200430, omit regulation 9.

The Food Hygiene (Wales) Regulations 200611

1

The Food Hygiene (Wales) Regulations 200631 are amended as follows.

2

In regulation 2(1), in the definition beginning with “Decision 2006/766”—

a

omit ““Regulation 809/2011” (“Rheoliad 809/2011”),”;

b

for “, “Regulation 16/2012” (“Rheoliad 16/2012”), “Regulation 28/2012” (“Rheoliad 28/2012”), “Regulation 702/2013” (“Rheoliad 702/2013”) and “Regulation 1079/2013” (“Rheoliad 1079/2013”)” substitute “and “Regulation 16/2012” (“Rheoliad 16/2012”)”.

3

For regulation 32 substitute—

Restriction on the sale of raw milk intended for direct human consumption32

Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) has effect.

4

Omit regulation 33.

5

In Schedule 1—

a

in the definition of “Regulation 852/2004” for “and with Commission Regulation (EU) No 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council” substitute “, Commission Regulation (EU) No 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council32 and with Commission Regulation (EU) No 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food33”;

b

in the definition of “Regulation 853/2004”, for “, Regulation 1020/2008 and Regulation 1079/2013 (Rheoliad 1079/2013)” substitute “and Regulation 1020/2008”;

c

in the definition of “Regulation 854/2004”, for “, Regulation 1021/2008 and Regulation 1079/2013 (Rheoliad 1079/2013)” substitute “and Regulation 1021/2008”;

d

in the definition of “Regulation 882/2004”, for “, Regulation 669/2009 and Regulation 702/2013 (Rheoliad 702/2013)” substitute “and Regulation 669/2009”;

e

for the definition of “Regulation 2073/2005” substitute—

f

for the definition of “Regulation 2074/2005” substitute—

g

omit the definitions of “Regulation 809/2011”, “Regulation 28/2012”, “Regulation 702/2013” and “Regulation 1079/2013”.

6

In Schedule 3—

a

in paragraph 2(2), for “Annex to Commission Regulation (EU) No. 579/2014” substitute “Annex to Commission Regulation (EU) No. 579/201438 as amended from time to time”;

b

for paragraph 14 substitute—

14

For the purposes of this Schedule any words or expressions used both in this Schedule and in Commission Regulation (EU) No 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea39 or Commission Directive 98/28/EC granting a derogation from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport by sea of bulk raw sugar40 will bear the same meanings as they respectively have in that Regulation or Directive.

7

In Schedule 3A, in the definition of “Community TSE Regulation”, for the words from “Regulation (EC) No. 999/2001” to “conferred on the Commission” substitute “Regulation (EC) No. 999/2001 of the European Parliament and of the Council laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies41, as last amended by Commission Regulation (EU) 2017/89342”.

8

In Schedule 4—

a

in paragraph 3—

i

in sub-paragraph (f), for “Council Regulation 1906/90 applies”, substitute “Commission Regulation 543/2008 and Regulation 1308/2013 apply”;

ii

in sub-paragraph (g), for “Council Regulation 1907/90 applies”, substitute “Commission Regulation 589/2008 and Regulation 1308/2013 apply”;

b

in paragraph 8—

i

omit the definitions of “Council Regulation 1906/90” and “Council Regulation 1907/90”;

ii

in the appropriate place, insert—

aa

““Commission Regulation 543/2008” (“Rheoliad y Comisiwn 543/2008”) means Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat43;”;

bb

““Commission Regulation 589/2008” (“Rheoliad y Comisiwn 589/2008”) means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs44;”;

cc

““Regulation 1308/2013” (“Rheoliad 1308/2013”) means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/200745;”.

9

Omit Schedule 7.

The Official Controls (Animals, Feed and Food) (Wales) Regulations 200712

1

The Official Controls (Animals, Feed and Food) (Wales) Regulations 200746 are amended as follows.

2

In regulation 2—

a

in paragraph (1)—

i

for the definition of “the 2006 Regulations” substitute—

  • “the 2009 Regulations” (“Rheoliadau 2009”) means the Official Feed and Food Controls (Wales) Regulations 200947;

ii

in the definition of “Regulation 882/2004”, omit paragraph (c);

b

in paragraph (3)—

i

in sub-paragraph (a), for “the 2006 Regulations” substitute “the 2009 Regulations”;

ii

in sub-paragraph (b), for “the Veterinary Medicines Regulations 2006” substitute “the Veterinary Medicines Regulations 201348”.

3

In regulation 9—

a

in each place it occurs, for “the 2006 Regulations” substitute “the 2009 Regulations”;

b

in paragraph (3)—

i

for “41 to 43” substitute “45 to 47”;

ii

for “45 and 46” substitute “49 and 50”.

4

Omit regulation 20.

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 200713

1

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 200749 are amended as follows.

2

In regulation 2(1), for the definition of “the EC Regulation” substitute—

  • “the EC Regulation” (“y Rheoliad CE”) means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods, as Annex I or II to which is amended from time to time50.

3

In regulation 4(1), for “Subject to the transitional measures contained in Article 18 (relating to foods placed on the market before 1 July 2007), any” substitute “Any”.

The Fishery Products (Official Controls Charges) (Wales) Regulations 200714

1

The Fishery Products (Official Controls Charges) (Wales) Regulations 200751 are amended as follows.

2

In regulation 2—

a

in paragraph (1)—

i

in the definition beginning with “Directive 2004/41”—

aa

for “, “Regulation 2075/2005” (“Rheoliad 2075/2005”)” substitute “and “Regulation 2015/1375” (“Rheoliad 2015/1375”)”;

bb

omit “and “Regulation 2076/2005” (“Rheoliad 2076/2005”);

ii

in the definition of “third country import”, for “a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) (Wales) Regulations 2007” substitute “Part 3 of the Trade in Animals and Related Products (Wales) Regulations 201152 applies”;

b

in paragraph (2)(a), omit “or 7”.

3

In the Schedule—

a

in the definition of “Regulation 853/2004”, for “, Regulation 2074/2005 and Regulation 2076/2005” substitute “and Regulation 2074/2005”;

b

for the definition of “Regulation 854/2004”, substitute—

  • “Regulation 854/2004” (“Rheoliad 854/2004”) means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption53 as read with Directive 2004/41, Regulation 2074/2005 and Regulation 2015/1375;

c

in the definition of “Regulation 882/2004”, omit “and Regulation 2076/2005”;

d

for the definition of “Regulation 2074/2005”, substitute—

e

for the definition of “Regulation 2075/2005”, substitute—

  • “Regulation 2015/1375” (“Rheoliad 2015/1375”) means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat55.

f

omit the definition of “Regulation 2076/2005”.

The Quick-frozen Foodstuffs (Wales) Regulations 200715

1

The Quick-frozen Foodstuffs (Wales) Regulations 200756 are amended as follows.

2

In regulation 2—

a

in paragraph (1)—

i

for the definition of “Directive 89/108” substitute—

  • “Directive 89/108” (“Cyfarwyddeb 89/108”) means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption57;

ii

for the definition of “food authority” substitute—

  • “food authority” (“awdurdod bwyd”) has the meaning it bears by virtue of section 5(1A) of the Act;

b

in paragraph (3)—

i

in sub-paragraph (a), omit “or 7”;

ii

at the end of sub-paragraph (a), insert “or”;

iii

at the end of sub-paragraph (b), omit “or”;

iv

omit sub-paragraph (c).

3

In regulation 9, omit paragraph (3).

4

Omit Schedule 3.

The Specified Products from China (Restriction on First Placing on the Market) (Wales) Regulations 200816

In the Specified Products from China (Restriction on First Placing on the Market) (Wales) Regulations 200858, omit regulation 8.

The Products of Animal Origin (Disease Control) (Wales) Regulations 200817

1

The Products of Animal Origin (Disease Control) (Wales) Regulations 200859 are amended as follows.

2

In Schedule 3—

a

in paragraph 1(a), omit the words from “or article 4” to “legible”;

b

in paragraph 3, omit sub-paragraph (a) (together with the final “or”).

The Official Feed and Food Controls (Wales) Regulations 200918

1

The Official Feed and Food Controls (Wales) Regulations 200960 are amended as follows.

2

In regulation 2(1), in the definition beginning with “Directive 2004/41”, for “, “Regulation 211/2013” (“Rheoliad 211/2013”) and “Regulation 702/2013” (“Rheoliad 702/2013”)” substitute “ and “Regulation 211/2013” (“Rheoliad 211/2013”)”.

3

In regulation 22, in the definition of “product”, for “Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC” substitute “Commission Decision 2007/275/EC concerning lists of animals and products to be subject to controls at border inspection posts under Council Directives 91/496/EEC and 97/78/EC61”.

4

In Schedule 1—

a

in the definition of “Regulation 882/2004”, for “, Regulation 669/2009 and Regulation 702/2013 (“Rheoliad 702/2013”)” substitute “and Regulation 669/2009”;

b

omit the definition of “Regulation 702/2013”.

5

In Schedule 3, in the definition of “relevant food law”, in paragraph (a)—

a

in sub-paragraph (iii), for “Council Regulation (EC) No. 509/2006 on agricultural products and foodstuffs as traditional specialities guaranteed” substitute “Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs62”;

b

in sub-paragraph (iv), for “Council Regulation (EC) No. 510/2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs” substitute “Regulation (EU) No. 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs”;

c

for sub-paragraph (vi) substitute—

vi

the regulation of beef and veal labelling under the Beef and Veal Labelling (Wales) Regulations 201163,

d

for sub-paragraph (vii) substitute—

vii

the regulation of the import of and trade in products of animal origin under the Trade in Animals and Related Products (Wales) Regulations 201164, with the exception of the execution and enforcement of regulation 32(3)(b) of those Regulations by the Agency,

The Meat (Official Controls Charges) (Wales) Regulations 200919

1

The Meat (Official Controls Charges) (Wales) Regulations 200965 are amended as follows.

2

In regulation 2(1), in the definition beginning with “Directive 2004/41”, for “, “Regulation 2075/2005” (“Rheoliad 2075/2005”) and “Regulation 2076/2005” (“Rheoliad 2076/2005”)” substitute “and “Regulation 2015/1375” (“Rheoliad 2015/1375”)”.

3

In Schedule 1—

a

in the definition of “Regulation 853/2004”, for “, Regulation 2074/2005 and Regulation 2076/2005” substitute “and Regulation 2074/2005”;

b

in the definition of “Regulation 854/2004”, for “, Regulation 2075/2005 and Regulation 2076/2005” substitute “and Regulation 2015/1375”;

c

in the definition of “Regulation 882/2004”, omit “and Regulation 2076/2005”;

d

for the definition of “Regulation 2075/2005”, substitute—

  • “Regulation 2015/1375” (“Rheoliad 2015/1375”) means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat66.

e

omit the definition of “Regulation 2076/2005”.

The Food Irradiation (Wales) Regulations 200920

1

The Food Irradiation (Wales) Regulations 200967 are amended as follows.

2

For Schedule 3, substitute the Schedule set out in Schedule 1 to these Regulations.

3

For Schedule 4, substitute the Schedule set out in Schedule 2 to these Regulations.

The Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 201121

In regulation 8(2)(d)(ii) of the Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 201168, for “Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food” substitute “Commission Regulation (EU) No. 10/2011 on plastic materials and articles intended to come into contact with food69 as Annex I to which is amended from time to time”.

The Materials and Articles in Contact with Food (Wales) Regulations 201222

1

The Materials and Articles in Contact with Food (Wales) Regulations 201270 are amended as follows.

2

In regulation 13, for “In this Part and in Schedule 1 any reference” substitute “Except in regulation 14(1), any reference in this Part and in Schedule 1”.

3

In regulation 14(1), for “Article 22(4) and (5) and Article 23,” substitute “Article 2 of Commission Regulation (EU) No 1282/201171, Article 2 of Commission Regulation (EU) No 1183/201272, Article 2 of Commission Regulation (EU) No 202/201473, Article 2 of Commission Regulation (EU) 2015/17474, Article 2 of Commission Regulation (EU) 2016/141675, Article 2 of Commission Regulation (EU) 2017/75276, Article 2 of Commission Regulation (EU) 2018/7977 and Article 6 of Commission Regulation (EU) 2018/83178,”.

4

In regulation 16(2), for “Subject to Article 6(1), (2) and (4) (transitional provisions), no” substitute “No”.

5

Omit regulations 28 and 29.

The Contaminants in Food (Wales) Regulations 201323

1

The Contaminants in Food (Wales) Regulations 201379 are amended as follows.

2

In regulation 2—

a

in paragraph (1), omit the definitions of “Directive 76/621”, “Directive 80/891”, “Regulation 629/2008” and “Regulation 165/2010”;

b

in paragraph (2)—

i

omit “Directive 76/621, Directive 80/891,”;

ii

omit “Directive or”;

c

in paragraph (3)—

i

omit “Directive 76/621, Directive 80/891,”;

ii

omit “Directives or”;

d

in paragraph (4)(a), omit “or 7”.

3

Omit regulations 3 and 4.

4

In regulation 5—

a

for paragraph (1) substitute—

1

A person who contravenes or fails to comply with any of the EU provisions specified in paragraph (2) is guilty of an offence.

b

after paragraph (2) insert—

3

The level of erucic acid in a food must be determined according to sampling methods, and methods of analysis that meet the performance criteria, set out in the Annex to Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC80.

5

In regulation 6, omit “regulation 4(3) or”.

6

In regulation 8—

a

in paragraph (1)(c)(i), omit “4(3) or”;

b

in paragraph (2), in the application and modification of section 9 of the Food Safety Act 1990, omit “4(1) or”.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201324

In regulation 8(1)(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201381, for “(1), (3) or (4)” substitute “(1)”.

The Fruit Juices and Fruit Nectars (Wales) Regulations 201325

1

The Fruit Juices and Fruit Nectars (Wales) Regulations 201382 are amended as follows.

2

Omit regulation 22.

3

In Schedule 7, in Part 1—

a

in paragraph 1, for “juice” substitute “product”;

b

in paragraph 2, in the words before sub-paragraph (a), for “juices” substitute “products”.

4

In Schedule 9, after paragraph 9 insert—

10

Plant proteins for clarification from—

a

wheat,

b

peas,

c

potatoes, or

d

any combination of them.

The Products Containing Meat etc. (Wales) Regulations 201426

In Schedule 1 to the Products Containing Meat etc. (Wales) Regulations 201483, in the definition of “curing salt”, in paragraph (c), for “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives” substitute “Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives84 as the Annexes to which are amended from time to time”.

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 201627

In regulation 12 of the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 201685, for “Subject to the transitional provisions contained in Article 32, a” substitute “A”.

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 201628

1

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 201686 are amended as follows.

2

In regulation 2(1)—

a

for the definition of “Regulation 882/2004” substitute—

  • “Regulation 882/2004” (“Rheoliad 882/2004”) means Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules87;

b

for the definition of “Regulation 767/2009” substitute—

3

In regulation 4(2)(a), for “2(e)” substitute “2(f)”.

PART 3Revocations

29

The Regulations listed in Schedule 3 are revoked.

Vaughan GethingCabinet Secretary for Health and Social Services, one of the Welsh Ministers