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The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018

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Welsh Statutory Instruments

2018 No. 806 (W. 162)

Agriculture, Wales

Food, Wales

The Food and Feed (Miscellaneous Amendments and Revocations) (Wales) Regulations 2018

Made

2 July 2018

Laid before the National Assembly for Wales

4 July 2018

Coming into force

26 July 2018

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by—

(a)except regulations 4, 26 and 29, to the extent that regulation 29 as read with Schedule 3 revokes the Beef Bones (Amendment) (Wales) Regulations 1999 and the Food Safety (General Food Hygiene) (Butchers’ Shops) (Amendment) (Wales) Regulations 2000, section 2(2) of the European Communities Act 1972 (“the 1972 Act”)(1);

(b)in relation to regulations 8(4)(b), 11(6)(a), 13(2), 21 and 26, paragraph 1A of Schedule 2 to the 1972 Act(2);

(c)in relation to regulations 4, 26 and 29, to the extent that regulation 29 as read with Schedule 3 revokes the Beef Bones (Amendment) (Wales) Regulations 1999 and the Food Safety (General Food Hygiene) (Butchers’ Shops) (Amendment) (Wales) Regulations 2000, sections 16(1)(a) and 48(1)(c) of the Food Safety Act 1990(3).

The Welsh Ministers have been designated for the purposes of section 2(2) of the 1972 Act in relation to—

(a)the control and regulation of the deliberate release, placing on the market and transboundary movements of genetically modified organisms(4);

(b)measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals(5);

(c)measures in the veterinary and phytosanitary fields for the protection of public health(6);

(d)measures in relation to the common agricultural policy of the European Union(7).

As set out above, these Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for particular references to the specified Annexes to the following EU instruments to be construed as references to those Annexes as amended from time to time—

(a)Annex I or II to 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(8);

(b)the Annexes to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(9);

(c)Annex I to 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)(10);

(d)Annex I to Commission Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food(11);

(e)the Annex to Commission Regulation (EU) No 579/2014(12).

So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, in accordance with section 48(4A)(13) of the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency before making these Regulations.

There has been open and transparent public consultation during the preparation and evaluation of these Regulations 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(14).

PART 1Introduction

Title, application and commencement

1.—(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 1996

2.  In regulation 4 of the Food (Lot Marking) Regulations 1996(15), omit paragraph (f).

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

3.  In regulation 3(f) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(16), for “2(1)(a)” substitute “2(1)”.

The Bread and Flour Regulations 1998

4.—(1) The Bread and Flour Regulations 1998(17) 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 additives(18)”.

The Medical Food (Wales) Regulations 2000

5.  In regulation 2 of the Medical Food (Wales) Regulations 2000(19), for the definition of “the Directive” substitute—

“the Directive” (“y Gyfarwyddeb”) means Commission Directive 1999/21/EC on dietary foods for special medical purposes (20), as last amended by Commission Directive 2013/26/EU(21);.

The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001

6.—(1) The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001(22) 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 rules(23)”.

(3) Omit regulation 8.

The Cocoa and Chocolate Products (Wales) Regulations 2003

7.—(1) The Cocoa and Chocolate Products (Wales) Regulations 2003(24) 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 1169/2011(25)”.

(4) Omit regulation 12.

The Specified Sugar Products (Wales) Regulations 2003

8.—(1) The Specified Sugar Products (Wales) Regulations 2003(26) 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 time(27)”;

(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 time(28)”.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004

9.  In regulation 2(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004(29), omit the definitions of “EEA Agreement” and “EEA State”.

The Genetically Modified Food (Wales) Regulations 2004

10.  In the Genetically Modified Food (Wales) Regulations 2004(30), omit regulation 9.

The Food Hygiene (Wales) Regulations 2006

11.—(1) The Food Hygiene (Wales) Regulations 2006(31) 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 consumption

32.  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 Council(32) and with Commission Regulation (EU) No 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food(33)”;

(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—

“Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(34) as last amended by Commission Regulation (EU) 2017/1495 amending Regulation (EC) No 2073/2005 as regards Campylobacter in broiler carcasses(35);;

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

“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(36), as last amended by Commission Regulation (EU) 2017/1973(37);;

(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. 579/2014(38) 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 sea(39) 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 sugar(40) 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 encephalopathies(41), as last amended by Commission Regulation (EU) 2017/893(42)”.

(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 poultrymeat(43);”;

(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 eggs(44);”;

(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 1234/2007(45);”.

(9) Omit Schedule 7.

The Official Controls (Animals, Feed and Food) (Wales) Regulations 2007

12.—(1) The Official Controls (Animals, Feed and Food) (Wales) Regulations 2007(46) 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 2009(47);;

(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 2013(48)”.

(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 2007

13.—(1) The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007(49) 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 time(50).

(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 2007

14.—(1) The Fishery Products (Official Controls Charges) (Wales) Regulations 2007(51) 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 2011(52) 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 consumption(53) 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—

“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(54);

(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 meat(55).;

(f)omit the definition of “Regulation 2076/2005”.

The Quick-frozen Foodstuffs (Wales) Regulations 2007

15.—(1) The Quick-frozen Foodstuffs (Wales) Regulations 2007(56) 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 consumption(57);;

(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 2008

16.  In the Specified Products from China (Restriction on First Placing on the Market) (Wales) Regulations 2008(58), omit regulation 8.

The Products of Animal Origin (Disease Control) (Wales) Regulations 2008

17.—(1) The Products of Animal Origin (Disease Control) (Wales) Regulations 2008(59) 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 2009

18.—(1) The Official Feed and Food Controls (Wales) Regulations 2009(60) 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/EC(61)”.

(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 foodstuffs(62)”;

(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 2011(63),;

(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 2011(64), 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 2009

19.—(1) The Meat (Official Controls Charges) (Wales) Regulations 2009(65) 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 meat(66).;

(e)omit the definition of “Regulation 2076/2005”.

The Food Irradiation (Wales) Regulations 2009

20.—(1) The Food Irradiation (Wales) Regulations 2009(67) 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 2011

21.  In regulation 8(2)(d)(ii) of the Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011(68), 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 food(69) as Annex I to which is amended from time to time”.

The Materials and Articles in Contact with Food (Wales) Regulations 2012

22.—(1) The Materials and Articles in Contact with Food (Wales) Regulations 2012(70) 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 1282/2011(71), Article 2 of Commission Regulation (EU) No 1183/2012(72), Article 2 of Commission Regulation (EU) No 202/2014(73), Article 2 of Commission Regulation (EU) 2015/174(74), Article 2 of Commission Regulation (EU) 2016/1416(75), Article 2 of Commission Regulation (EU) 2017/752(76), Article 2 of Commission Regulation (EU) 2018/79(77) and Article 6 of Commission Regulation (EU) 2018/831(78),”.

(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 2013

23.—(1) The Contaminants in Food (Wales) Regulations 2013(79) 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/EEC(80).

(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 2013

24.  In regulation 8(1)(b) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013(81), for “(1), (3) or (4)” substitute “(1)”.

The Fruit Juices and Fruit Nectars (Wales) Regulations 2013

25.—(1) The Fruit Juices and Fruit Nectars (Wales) Regulations 2013(82) 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 2014

26.  In Schedule 1 to the Products Containing Meat etc. (Wales) Regulations 2014(83), 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 additives(84) as the Annexes to which are amended from time to time”.

The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

27.  In regulation 12 of the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016(85), for “Subject to the transitional provisions contained in Article 32, a” substitute “A”.

The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

28.—(1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016(86) 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 rules(87);;

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

“Regulation 767/2009” (“Rheoliad 767/2009”) means Regulation (EC) No 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC(88);.

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

PART 3Revocations

29.  The Regulations listed in Schedule 3 are revoked.

Vaughan Gething

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

2 July 2018

Regulation 20(2)

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 3 TO THE FOOD IRRADIATION (WALES) REGULATIONS 2009

Regulations 3(1)and 5(1)(b)(i)

SCHEDULE 3LIST OF APPROVED FACILITIES IN MEMBER STATES

Official reference numberName and address
2110/91/0004

Sterigenics SA

Zoning Industriel

6220 Fleurus

Belgium

01/23.05.2008

Bulgamma, Sopharma Ltd

Iliensko Shosse 16

Sofia

Bulgaria

2/26.10.2010

GITAVA Ltd ‘Kalina’

Town of Stamboliyski

Hristo Botev str.

Municipality Stamboliyski

Plovdiv district

Bulgaria

IR-02-CZ

Bioster a.s.

Tejny 621

664 71 Veverská Bítýška

Czech Republic

SN 01

Synergy Health Radeberg GmbH

Juri—Gagarin Strasse 15

01454 Radeberg

Germany

BY FS 01/2001

Synergy Health Allershausen GmbH

Kesselbodenstrasse 7

85391 Allershausen

Germany

NRW-GM 01 and NRW-GM 02

BGS Beta-Gamma-Service GmbH & Co. KG

Fritz-Kotz-Str.16

51674 Wiehl

Germany

D-BW-X-01

Beta-Gamma-Service GmbH & Co. KG

John-Deere-Strasse 3

76646 Bruchsal

Germany

2835

Scandinavian Clinics Estonia OÜ

Kurvi tee 406a,

Alliku kula,

76403 Saue vald,

Harjumaa

Estonia

5.00001/CU

Ionmed Esterilización, SA

C/Rocinante, Parc.50

(Polg. Ind. Tarancón)

16400 Tarancón (Cuenca)

Spain

5.00002/B

Aerogamma S.L.

Carretera Granollers a Cardeneu, Km. 3.5

08520 Les Franqueses del Vallés (Barcelona)

Spain

5.00005/SO

Mevion Technology, S.L.

Avda. De España, 1

Pol. Industrial Emiliano Revilla,

42110 Ólvega (Soria)

Spain

13055 F

Synergy Health

Rue Jean Queillau Marché des Arnavaux

13014 Marseille Cedex 14

France

72 264 F

Ionisos SA

Zone industrielle de l’Aubrée

72300 Sablé-sur-Sarthe

France

85 182 F

Ionisos SA

Zone industrielle Montifaud

85700 Pouzauges

France

01 142 F

Ionisos SA

Zone Industrielle les Chartinières

01120 Dagneux

France

10 093 F

Ionisos SA

Zone Industrielle

10500 Chaumesnil

France

541-02/03-IRB16-1

Institut Ruder Bošković,

Bijenička 54,

10 000 Zagreb,

Croatia

EU-AIF-04-2002

AGROSTER Besugárzó Zártkörűen Működő Részvénytársaság

Budapest

Jászberényi út 5

1106

Hungary

RAD 1/04 IT

Gammarad Italia SPA

Via Marzabotto 4

Minerbio (BO)

Italy

GZB/VVB-991393 Ede

Synergy Health

Morsestraat 3

6716AH Ede

Netherlands

GZB/VVB-991393 Etten-Leur

Synergy Health

Soevereinsestraat 2

4879 NN Etten-Leur

Netherlands

GIS-HZ-4434-W.-2/MR/03

Institute of Applied Radiation Chemistry

Technical University of Lodz

15 Wróblewskiego Str.

39-590 Łódź

Poland

GIS-HZ-4434-W.-3/MR/03

Institute of Nuclear Chemistry and Technology

16 Dorodna Str.

03-195 Warsaw

Poland

RG016/2008

Multipurpose Irradiation Facility

IRASM Technological Irradiations Department

Horia Hulubei

National Institute for Research and Development of Physics and Nuclear Engineering

Atomiştilor Str. No. 407

PO Box MG-6

Măgurele. Ilfov County

Romania

EW/04

Synergy Health

Moray Road

Elgin Industrial Estate

Swindon

Wiltshire

SN2 8XS

United Kingdom.

Regulation 20(3)

SCHEDULE 2SCHEDULE SUBSTITUTED FOR SCHEDULE 4 TO THE FOOD IRRADIATION (WALES) REGULATIONS 2009

Regulation 5(1)(b)(ii)

SCHEDULE 4LIST OF FACILITIES IN COUNTRIES OUTSIDE THE EUROPEAN UNION

Official reference numberName and address
EU-AIF 01-2002

HEPRO Cape (Pty) Ltd

6 Ferrule Avenue

Montague Gardens

Milnerton 7441

Western Cape

Republic of South Africa

EU-AIF 02-2002

Gammaster South Africa (Pty) Ltd

PO Box 3219

5 Waterpas Street

Isando Extension 3

Kempton Park 1620

Johannesburg

Republic of South Africa

EU-AIF 03-2002

Gamwave (Pty) Ltd

PO Box 26406

Isipingo Beach

Durban 4115

Kwazulu-Natal

Republic of South Africa

EU-AIF 05-2004

Gamma-Pak As

Yünsa Yolu N: 4 0SB

Cerkezköy/TEKIRDAG

TR-59500

Turkey

EU-AIF 06-2004

Studer Ag Werk Hard

Hogenweidstrasse 2

Däniken

CH-4658

Switzerland

EU-AIF 07-2006

Thai Irradiation Centre

Thailand Institute of Nuclear Technology

(Public Organisation)

37 Moo 3, TECHNOPOLIS

Klong 5, Klong Luang

Pathumthani 12120

Thailand

EU-AIF 08-2006

Synergy Health (Thailand) Ltd

700/465 Amata Nakorn Industrial

Moo 7, Tambon Donhuaroh,

Amphur Muang,

Chonburi 20000

Thailand

EU-AIF 09-2010

Board of Radiation and Isotope Technology

Department of Atomic Energy

BRIT/BARC Vashi Complex

Sector 20, Vashi

Navi Mumbai – 400 705 (Maharashtra)

India

EU-AIF 10-2010

Board of Radiation and Isotope Technology

ISOMED

Bhabha Atomic Research Centre

South Site Gate, Refinery Road

Next to TATA Power Station, Trombay

Mumbai – 400 085 (Maharashtra)

India

EU-AIF 11-2010

Microtrol Sterilisation Services Pvt. Ltd

Plot No. 14 Bommasandra- Jigani Link Road Industrial Area

KIADB, Off Hosur Road

Hennagarra Post

Bengalooru – 562 106 (Karnataka)

India.

Regulation 29

SCHEDULE 3REGULATIONS REVOKED

TitleSI Number
The Beef Bones (Amendment) (Wales) Regulations 19991999/3464 (W. 52)
The Dairy Products (Hygiene) (Charges) (Amendment) (Wales) Regulations 20002000/1738 (W. 121)
The Colours in Food (Amendment) (Wales) Regulations 20002000/1799 (W. 124)
The Meat Products (Hygiene) (Amendment) (Wales) Regulations 20002000/1885 (W. 131)
The Meat (Disease Control) (Wales) Regulations 20002000/2257 (W. 150)
The Food Safety (General Food Hygiene) (Butchers’ Shops) (Amendment) (Wales) Regulations 20002000/3341 (W. 219)
The Fresh Meat (Beef Controls) (No.2) (Amendment) (Wales) Regulations 20002000/3388 (W. 225)
The Meat (Hygiene and Inspection) (Charges) (Amendment) (Wales) Regulations 20012001/1302 (W. 79)
The Foot-and-Mouth Disease (Marking of Meat and Meat Products) (Wales) Regulations 20012001/1508 (W. 105)
The Products of Animal Origin (Import and Export) (Amendment) (Wales) Regulations 20012001/1660 (W. 119)
The Infant Formula and Follow-on Formula (Amendment) (Wales) Regulations 20012001/1690 (W. 120)
The Foot-and-Mouth Disease (Marking of Meat, Minced Meat and Meat Preparations) (Wales) Regulations 20012001/1740 (W. 123)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 20012001/1787 (W. 128)
The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (Wales) Regulations 20012001/1802 (W. 131)
The Meat (Enhanced Enforcement Powers) (Wales) Regulations 20012001/2198 (W. 158)
The Foot-and-Mouth Disease (Marking of Meat, Meat Products, Minced Meat and Meat Preparations) (Wales) (No. 2) Regulations 20012001/2627 (W. 216)
The Sweeteners in Food (Amendment) (Wales) Regulations 20012001/2679 (W. 220)
The Meat (Hygiene and Inspection) (Charges) (Amendment) (No.2) (Wales) Regulations 20012001/3831 (W. 317)
The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) (Amendment) (Wales) Regulations 20022002/47 (W. 6)
The Foot-and-Mouth Disease (Marking of Meat, Meat Preparations and Meat Products) (Wales) Regulations 20022002/129 (W. 17)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 20022002/329 (W. 42)
The Sweeteners in Food (Amendment) (Wales) Regulations 20022002/330 (W. 43)
The Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (Wales) Regulations 20022002/430 (W. 52)
The Meat (Hazard Analysis and Critical Control Point) (Wales) Regulations 20022002/1476 (W. 148)
The Food (Peanuts from China) (Emergency Control) (Amendment) (Wales) Regulations 20022002/1728 (W. 162)
The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (Wales) Regulations 20022002/1798 (W. 173)
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 20022002/3011 (W. 283)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 20032003/945 (W. 126)
The Sweeteners in Food (Amendment) (Wales) Regulations 20032003/1713 (W. 181)
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Wales) Regulations 20032003/3042 (W. 287)
The Food (Emergency Control) (Miscellaneous Amendments) (Wales) Regulations 20042004/245 (W. 24)
The Infant Formula and Follow-on Formula (Amendment) (Wales) Regulations 20042004/313 (W. 31)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 20042004/554 (W. 57)
The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) (Amendment) Regulations 20042004/1012 (W. 109)
The Food (Jelly Confectionery) (Emergency Control) (Wales) (Amendment) Regulations 20042004/1262 (W. 134)
The Natural Mineral Water, Spring Water and Bottled Drinking Water (Amendment) (Wales) Regulations 20042004/1509 (W. 158)
The Food (Emergency Control) (Wales) (Miscellaneous Amendments) (No. 2) Regulations 20042004/1804 (W. 192)
The Miscellaneous Food Additives (Amendment) (Wales) Regulations 20052005/259 (W. 25)
The Food Safety (General Food Hygiene) (Amendment) (Wales) Regulations 20052005/363 (W. 30)
The Sweeteners in Food (Amendment) (Wales) Regulations 20052005/1156 (W. 73)
The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) (Amendment) (Wales) Regulations 20052005/1310 (W. 92)
The Miscellaneous Food Additives (Amendment) (No.2) (Wales) Regulations 20052005/1311 (W. 93)
The Colours in Food (Amendment) (Wales) Regulations 20052005/1628 (W. 122)
The Food Labelling (Amendment) (Wales) (No. 2) (Amendment) Regulations 20052005/3236 (W. 241)
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 20062006/767 (W. 74)
The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 20062006/2128 (W. 198)
The Rice Products (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 20062006/2969 (W. 268)
The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) (Amendment) Regulations 20072007/116 (W. 7)
The Colours in Food (Amendment) (Wales) Regulations 20072007/579 (W. 51)
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 20072007/1710 (W. 148)
The Bovine Products (Restriction on Placing on the Market) (Wales) (No. 2) (Amendment) Regulations 20072007/1835 (W. 159)
The Miscellaneous Food Additives and the Sweeteners in Food (Amendment) (Wales) Regulations 20082008/138 (W. 20)
The Animals and Animal Products (Import and Export) (Wales) (Amendment) Regulations 20092009/390 (W. 40)
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) Regulations 20092009/392 (W. 41)
The Products of Animal Origin (Third Country Imports) (Wales) (Amendment) (No. 2) Regulations 20092009/1088 (W. 96)
The Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Wales) Regulations 20092009/1092 (W. 97)
The Purity Criteria for Colours, Sweeteners and Miscellaneous Food Additives (Wales) (Amendment) Regulations 20092009/2201 (W. 186)
The Materials and Articles in Contact with Food (Wales) (Amendment) Regulations 20092009/3105 (W. 271)
The Contaminants in Food (Wales) (Amendment) Regulations 20092009/2939 (W. 256)
The Food Additives (Wales) Regulations 20092009/3378 (W. 300)
The Food Labelling (Nutrition Information) (Wales) (Amendment) Regulations 20102010/1069 (W. 100)
The Flavourings in Food (Wales) Regulations 20102010/2922 (W. 243)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments in relation to Wales to a number of pieces of secondary legislation relating to food and feed.

Regulation 11 amends the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/32 (W. 5)) to amend the definition of Regulation (EC) 852/2004 on the hygiene of foodstuffs (OJ No L 139, 30.4.2004, p. 1) so as to require that Regulation to be read with new Commission Regulation (EU) No 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food (OJ No L 304, 21.11.2017, p. 24).

Regulation 25 amends the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 (S.I. 2013/2750 (W. 267)) to implement Commission Delegated Regulation (EU) No 1040/2014 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption to adapt its Annex I to technical progress (OJ No L 288, 2.10.2014, p. 1). This allows plant proteins from wheat, peas and potatoes to be used for the clarification of products to which the Fruit Juices and Fruit Nectars (Wales) Regulations 2013 apply.

These Regulations make other miscellaneous minor amendments to legislation relating to food and feed, in particular amending out of date references to domestic legislation and to EU instruments.

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.

(1)

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).

(2)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and was amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

(3)

1990 c. 16. Sections 16(1)(a) and 48(1) were amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28).

(4)

S.I. 2003/2901. The functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

(5)

S.I. 2005/1971. The functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006.

(8)

OJ No L 404, 30.12.2006, p. 26, as last amended by Commission Regulation (EU) 2017/1203 (OJ No L 173, 6.7.2017, p. 9).

(9)

OJ No L 354, 31.12.2008, p. 16, as last amended by Commission Regulation (EU) 2018/682 (OJ No L 116, 7.5.2018, p. 5).

(10)

OJ No L 141, 6.6.2009, p. 3, as last amended by Commission Directive (EU) 2016/1855 (OJ No L 284, 20.10.2016, p. 19).

(11)

OJ No L 12, 15.1.2011, p. 1, as last amended by Commission Regulation (EU) 2018/831 (OJ No L 140, 6.6.2018, p. 35).

(12)

OJ No L 160, 29.5.2014, p. 14, as last amended by Commission Regulation (EU) No 2016/238 (OJ No L 45, 20.2.2016, p. 1).

(13)

Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999.

(14)

OJ No L 31, 1.2.2002, p. 1, as last amended by Commission Regulation (EU) 2017/228 (OJ No L 35, 10.2.2017, p. 10).

(15)

S.I. 1996/1502, to which there are amendments not relevant to these Regulations.

(16)

S.I. 1997/2182, amended by S.I. 2016/639 (W. 175); there are other amending instruments but none is relevant to these Regulations.

(17)

S.I. 1998/141, amended by S.I. 1999/1136 and S.I. 2014/2303 (W. 227); there are other amending instruments but none is relevant to these Regulations.

(18)

OJ No L 354, 31.12.2008, p. 16, as last amended by Commission Regulation (EU) 2018/682 (OJ No L 116, 7.5.2018, p. 5).

(19)

S.I. 2000/1866 (W. 125), amended by S.I. 2007/3573 (W. 316) and S.I. 2008/2602 (W. 228); there are other amending instruments but none is relevant to these Regulations.

(20)

OJ No L 91, 7.4.1999, p. 29.

(21)

OJ No L 158, 10.6.2013, p. 376.

(22)

S.I. 2001/1440 (W. 102), to which there are amendments not relevant to these Regulations.

(23)

OJ No L 165, 30.4.2004, p. 1, as last amended by Commission Regulation (EU) 2018/455 (OJ No L 77, 20.3.2018, p. 4).

(25)

OJ No L 304, 22.11.2011, p. 18, as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council (OJ No L 327, 11.12.2015, p. 1) and as corrected by the Corrigenda set out in OJ No L 247, 13.9.2012, p. 17 and OJ No L 266, 30.9.2016, p. 7.

(26)

S.I. 2003/3047 (W. 290), amended by S.I. 2005/3254 (W. 247); there are other amending instruments but none is relevant to these Regulations.

(27)

OJ No L 141, 6.6.2009, p. 3, as last amended by Commission Directive (EU) 2016/1855 (OJ No L 284, 20.10.2016, p. 19).

(28)

OJ No L 354, 31.12.2008, p. 16, as last amended by Commission Regulation (EU) 2018/682 (OJ No L 116, 7.5.2018, p. 5).

(29)

S.I. 2004/314 (W. 32), amended by S.I. 2005/3254 (W. 247); there are other amending instruments but none is relevant to these Regulations.

(30)

S.I. 2004/3220 (W. 276), to which there are amendments not relevant to these Regulations.

(31)

S.I. 2006/31 (W. 5), amended by S.I. 2010/893 (W. 92), S.I. 2012/1765 (W. 225), S.I. 2013/3007 (W. 298), S.I. 2013/3049 (W. 308) and S.I. 2014/1858 (W. 192); there are other amending instruments but none is relevant to these Regulations.

(32)

OJ No L 68, 12.3.2013, p. 24.

(33)

OJ No L 304, 21.11.2017, p. 24.

(34)

OJ No L 338, 22.12.2005, p. 1, as corrected by the Corrigenda set out in OJ No L 278, 10.10.2006, p. 32, OJ No L 283, 14.10.2006, p. 62, OJ No L 68, 13.3.2015, p. 90, OJ No L 195, 20.7.2016, p.82 and OJ No L 195, 20.7.2016, p. 83.

(35)

OJ No L 218, 24.8.2017, p. 1.

(36)

OJ No L 338, 22.12.2005, p. 27, as corrected by the Corrigendum set out in OJ No L 214, 9.8.2013, p. 11.

(37)

Commission Regulation (EU) 2017/1973 amending Regulation (EC) No 2074/2005 as regards official controls on fishery products caught by vessels flying the flag of a Member State and introduced into Union after being transferred in third countries and establishing a model health certificate for those products (OJ No L 281, 31.10.2017, p. 21).

(38)

OJ No L 160, 29.5.2014, p. 14, as last amended by Commission Regulation (EU) No 2016/238 (OJ No L 45, 20.2.2016, p. 1).

(39)

OJ No L 160, 29.5.2014, p. 14, as last amended by Commission Regulation (EU) 2016/238 (OJ No L 45, 20.2.2016, p. 1).

(40)

OJ No L 140, 12.5.1998, p. 10. References in this Directive to the repealed Directive 93/43/EEC are to be construed as references to Regulation (EC) 852/2004 on the hygiene of foodstuffs (OJ No L 139, 30.4.2004, p. 1) (see Article 17(2) of Regulation (EC) 852/2004).

(41)

OJ No L 147, 31.5.2001, p. 1.

(42)

Commission Regulation (EU) 2017/893 amending Annexes I and IV to Regulation (EC) No 999/2001 of the European Parliament and of the Council and Annexes X, XIV and XV to Commission Regulation (EU) No 142/2011 as regards the provisions on processed animal protein (OJ No L 138, 25.05.2017, p. 92). Parts of the amendments made by this Commission Regulation apply from 1 January 2018, which is after the date on which the amendments made by the later Commission Regulation (EU) 2017/1972 (OJ No L 281, 31.10.2017, p. 14) apply.

(43)

OJ No L 157, 17.6.2008, p. 46, as last amended by Commission Regulation (EU) No 519/2013 (OJ No L 158, 10.6.2013, p. 74). References in Commission Regulation 543/2008 to the repealed Council Regulation 1234/2007 are to be construed as references to Regulation 1308/2013 (see Article 230(2) of Regulation 1308/2013).

(44)

OJ No L 163, 24.6.2008, p. 6, as last amended by Commission Delegated Regulation (EU) 2017/2168 (OJ No L 306, 22.11.2017, p. 6). References in Commission Regulation 589/2008 to the repealed Council Regulation 1234/2007 are to be construed as references to Regulation 1308/2013 (see Article 230(2) of Regulation 1308/2013).

(45)

OJ No L 347, 20.12.2013, p. 671, as last amended by Regulation (EU) 2017/2393 of the European Parliament and of the Council (OJ No L 350, 29.12.2017, p. 15).

(46)

S.I. 2007/196 (W. 15), to which there are amendments not relevant to these Regulations.

(49)

S.I. 2007/1984 (W. 165), amended by S.I. 2010/2069 (W. 191); there are other amending instruments but none is relevant to these Regulations.

(50)

OJ No L 404, 30.12.2006, p. 26, as last amended by Commission Regulation (EU) 2017/1203 (OJ No L 173, 6.7.2017, p. 9).

(51)

S.I. 2007/3462 (W. 307), to which there are amendments not relevant to these Regulations.

(53)

OJ No L 139, 30.4.2004, p. 206, as last amended by Commission Regulation (EU) 2015/2285 (OJ No L 323, 9.12.2015, p. 2).

(54)

OJ No L 338, 22.12.2005, p. 27, as corrected by the Corrigendum set out in OJ No L 214, 9.8.2013, p. 11 and as last amended by Commission Regulation (EU) 2017/1973 amending Regulation (EC) No 2074/2005 as regards official controls on fishery products caught by vessels flying the flag of a Member State and introduced into Union after being transferred in third countries and establishing a model health certificate for those products (OJ No L 281, 31.10.2017, p. 21).

(55)

OJ No L 212, 11.8.2015, p. 7.

(56)

S.I. 2007/389 (W. 40), to which there are amendments not relevant to these Regulations.

(57)

OJ No L 40, 11.2.1989, p. 34, as last amended by Council Directive 2013/20/EU (OJ No L 158, 10.6.2013, p. 234).

(58)

S.I. 2008/1080 (W. 114), amended by S.I. 2013/1653 (W. 154); there are other amending instruments but none is relevant to these Regulations.

(59)

S.I. 2008/1275 (W. 132), to which there are amendments not relevant to these Regulations.

(60)

S.I. 2009/3376 (W. 298), amended by S.I. 2014/2714 (W. 271); there are other amending instruments but none is relevant to these Regulations.

(61)

OJ No L 116, 4.5.2007, p. 9, as last amended by Commission Implementing Decision (EU) 2016/1196 (OJ No L 197, 22.7.2016, p. 10).

(62)

OJ No L 343, 14.12.2012, p. 1, as corrected by the Corrigendum set out in OJ No L 55, 27.2.2013, p. 27.

(63)

S.I. 2011/991 (W. 145), to which there are amendments not relevant to these Regulations.

(64)

S.I. 2011/2379 (W. 252), to which there are amendments not relevant to these Regulations.

(65)

S.I. 2009/1557 (W. 152), amended by S.I. 2014/2714 (W. 271); there are other amending instruments but none is relevant to these Regulations.

(66)

OJ No L 212, 11.8.2015, p. 7.

(67)

S.I. 2009/1795 (W. 162), amended by S.I. 2010/2289 (W. 201); there are other amending instruments but none is relevant to these Regulations.

(69)

OJ No L 12, 15.1.2011, p. 1, as last amended by Commission Regulation (EU) 2018/831 (OJ No L 140, 6.6.2018, p. 35).

(70)

S.I. 2012/2705 (W. 291), to which there are amendments not relevant to these Regulations.

(71)

Commission Regulation (EU) No 1282/2011 amending and correcting Commission Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 328, 10.12.2011, p. 22). Article 2 provides that plastic materials and articles which were lawfully placed on the market before 1 January 2012 and which did not comply with Regulation 1282/2011 (which amended Annex I to Regulation 10/2011) may continue to be placed on the market until 1 January 2013 and may remain on the market after that date until the exhaustion of stocks.

(72)

Commission Regulation (EU) No 1183/2012 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 338, 12.12.2012, p. 11). Article 2 provides that plastic materials and articles which were lawfully placed on the market before 1 January 2013 and which did not comply with Regulation 1183/2012 (which amended Annex I to Regulation 10/2011) may continue to be placed on the market until 1 January 2014 and may remain on the market after that date until the exhaustion of stocks.

(73)

Commission Regulation (EU) No 202/2014 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 62, 4.3.2014, p. 13). Article 2 provides that plastic materials and articles which were lawfully placed on the market before 24 March 2014 and which did not comply with Regulation 202/2014 (which amended Annex I to Regulation 10/2011) may continue to be placed on the market until 24 March 2015 and may remain on the market after that date until the exhaustion of stocks.

(74)

Commission Regulation (EU) 2015/174 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 30, 6.2.2015, p. 2). Article 2 provides that plastic materials and articles complying with requirements of Regulation 10/2011 as applicable before 26 February 2015 may be placed on the market until 26 February 2016 and may remain on the market after that date until the exhaustion of stocks.

(75)

Commission Regulation (EU) 2016/1416 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 230, 25.8.2016, p. 22). Article 2 provides that plastic materials and articles complying with Regulation 10/2011 as applicable before the entry into force of Regulation 2016/1416 on 14 September 2016 may be placed on the market until 14 September 2017 and may remain on the market after that date until the exhaustion of stocks.

(76)

Commission Regulation (EU) 2017/752 amending and correcting Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 113, 29.4.2017, p. 18). Article 2 provides that plastic materials and articles complying with Regulation 10/2011 as applicable before the entry into force of Regulation 2017/752 on 19 May 2017 may be placed on the market until 19 May 2018 and may remain on the market after that date until the exhaustion of stocks.

(77)

Commission Regulation (EU) 2018/79 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 14, 19.1.2018, p. 31). Article 2 provides that plastic materials and articles complying with Regulation 10/2011 as applicable before the entry into force of Regulation 2018/79 on 8 February 2018 may be placed on the market until 8 February 2019 and may remain on the market after that date until the exhaustion of stocks.

(78)

Commission Regulation (EU) 2018/831 amending Regulation (EU) No 10/2011 on plastic materials and articles intended to come into contact with food (OJ No L 140, 6.6.2018, p. 35). Article 6 provides that plastic materials and articles complying with Regulation 10/2011 as applicable before the entry into force of Regulation 2018/831 on 26 June 2018 may be placed on the market until 26 June 2019 and may remain on the market after that date until the exhaustion of stocks.

(79)

S.I. 2013/2493 (W. 242), to which there are amendments not relevant to these Regulations.

(80)

OJ No L 113, 1.5.2015, p. 29.

(81)

S.I. 2013/2591 (W. 255), to which there is an amendment not relevant to these Regulations.

(82)

S.I. 2013/2750 (W. 267), to which there is an amendment not relevant to these Regulations.

(84)

OJ No L 354, 31.12.2008, p. 16, as last amended by Commission Regulation (EU) 2018/682 (OJ No L 116, 7.5.2018, p. 5).

(86)

S.I. 2016/387 (W. 121), to which there is an amendment not relevant to these Regulations.

(87)

OJ No L 165, 30.4.2004, p. 1, as last amended by Commission Regulation (EU) 2018/455 (OJ No L 77, 20.3.2018, p. 4).

(88)

OJ No L 229, 1.9.2009, p. 1, as last amended by Commission Regulation (EU) 2017/2279 (OJ No L 328, 12.12.2017, p. 3).

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