The Infant Formula and Follow-on Formula (Amendment) (Wales) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Infant Formula and Follow-on Formula Regulations 1995, as amended (“the 1995 Regulations”), in relation to Wales. The 1995 Regulations extend to Great Britain. These Regulations implement for Wales Commission Directive 2003/14/EC (OJ No.L41, 14.2.2003, p.37) amending Directive 91/321/EEC (OJ No.L175, 4.7.91, p.35) on infant formulae and follow-on formulae. The Regulations come into force on 6th March 2005.

2.  In implementation of Directive 2003/14/EC the Regulations —

(a) prohibit the sale, or export to third countries, of infant formulae or follow-on formulae containing pesticide residues above certain levels. Different levels are set depending on the pesticide in question (regulations 4, 5, 7 and 10 and Schedule); and

(b) make some consequential amendments (regulations 3 and 6).

3.  In implementation of the final sentence of Article 6(2) of Directive 91/321/EEC as substituted by Commission Directive 1999/50/EC, provision is made as to analytical methods for determining levels of pesticide residues (regulation 7).

4.  The Regulations also —

(a) give port health authorities a role in enforcement (regulation 8); and

(b) make some technical changes to the provision applying various provisions of the Food Safety Act 1990 (regulation 9).

5.  A regulatory appraisal has been prepared and placed in the Library of the National Assembly for Wales together with a Transposition Note setting out how the main elements of Directive 2003/14/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.