The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Welsh Statutory Instruments

2019 No. 434 (W. 102)

Exiting The European Union, Wales

Agriculture, Wales

Food, Wales

The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied

11 February 2019

Made

4 March 2019

Laid before the National Assembly for Wales

5 March 2019

Coming into force in accordance with regulation 1(3)

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 M1 .

The requirements of paragraph 4(2) of Schedule 7 to that Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

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 M2 there has been open and transparent public consultation during the preparation of these Regulations.

Marginal Citations

M1 2018 c.16.

M2 OJ No. L 31, 1.2.2002, p. 1, to which there are amendments not relevant to these Regulations.

Title, application and commencement E+W

1.—(1) The title of these Regulations is the Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on exit day.

Commencement Information

I1 Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

The General Food Regulations 2004 E+W

2.—(1) The General Food Regulations 2004 M3 are amended as follows.

(2) In regulation 2(1), at the appropriate place, insert—

““third country” means a country or state other than the United Kingdom.”.

(3) In regulation 6A—

(a) in paragraph (a), for “country that is not a member State” substitute “ third country ”;

(b) omit paragraph (b) and the “or” immediately preceding it.

Commencement Information

I2 Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M3 S.I. 2004/3279, amended by S.I. 2005/3254 (W. 247) and S.I. 2011/1043; there are other amending instruments but none is relevant to these Regulations.

Prospective

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

F1 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Reg. 3 omitted (31.1.2020) by virtue of The Official Controls (Animals, Feed and Food, Plant Health Fees etc.) (Wales) Regulations 2020 (S.I. 2020/44), regs. 1(2), 30

The Quick-frozen Foodstuffs (Wales) Regulations 2007 E+W

4.—(1) The Quick-frozen Foodstuffs (Wales) Regulations 2007 M4 are amended as follows.

(2) In regulation 2—

(a) in paragraph (1), omit the definition of “Directive 89/108”;

(b) in paragraph (2), omit “Directive 89/108,” in both places it occurs.

(3) In regulation 5—

(a) in paragraph (2), in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “ its equivalent in any other language ”;

(b) in paragraph (3), in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “ its equivalent in any other language ”;

[F2 (c) in paragraph (4)—

(i) in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/109” substitute “its equivalent in any other language”;

(ii) in sub-paragraph (b), for “European Union” substitute “United Kingdom”.]

Textual Amendments

F2 Reg. 4(3)(c) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 3(2)

Commencement Information

I3 Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M4 S.I. 2007/389 (W. 40), amended by S.I. 2011/1043 and S.I. 2018/806 (W. 162); there are other amending instruments but none is relevant to these Regulations.

Prospective

The Meat (Official Controls Charges) (Wales) Regulations 2009 E+W

F3 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Reg. 5 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 3(3)

Prospective

The Official Feed and Food Controls (Wales) Regulations 2009 E+W

F4 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 6 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 3(3)

The Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011 E+W

7.—(1) The Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011 M5 are amended as follows.

[F5 (2) In regulation 3(1), for “the European Union” substitute “Great Britain”]

[F6 (3) In regulation 8(3)(a)(i), for “the European Union” substitute “Great Britain”]

(4) Omit regulation 12(2).

Textual Amendments

F5 Reg. 7(2) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 3(4)(a)

F6 Reg. 7(3) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 3(4)(b)

Commencement Information

I4 Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M5 S.I. 2011/1605 (W. 186) , to which there are amendments not relevant to these Regulations.

Vaughan Gething

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

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred on the Welsh Ministers by paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to subordinate legislation applying in Wales in the field of food and feed hygiene and safety.

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.