The Food Additives (Wales) (Amendment) Regulations 2011

Welsh Statutory Instruments

2011 No. 655 (W.93)

FOOD, WALES

The Food Additives (Wales) (Amendment) Regulations 2011

Made

5 March 2011

Laid before the National Assembly for Wales

8 March 2011

Coming into force

31 March 2011

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (f), 17(1) and 48(1) of the Food Safety Act 1990(1) which are now vested in them(2).

In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.

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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1.  The title of these Regulations is The Food Additives (Wales) (Amendment) Regulations 2011 and they come into force on 31 March 2011.

Amendment of the Food Additives (Wales) Regulations 2009

2.—(1) The Food Additives (Wales) Regulations 2009(4) are amended in accordance with paragraph (2).

(2) In paragraph (1) of regulation 2 (interpretation)—

(a) at the end of the definition of “Directive 08/60” add the expression “as amended by Commission Directive 2010/37/EU amending Directive 2008/60 laying down specific purity criteria on sweeteners”; and

(b) at the end of the definition of “Directive 08/84” add the expression “as amended by Commission Directive 2010/67/EU amending Directive 2008/84 laying down specific purity criteria on food additives other than colours and sweeteners”.

Gwenda Thomas

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

5 March 2011

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations implement in Wales two European Directives concerned with the purity criteria for certain food additives (“the amending Directives”). The amending Directives are—

(a) Commission Directive 2010/37/EU amending Directive 2008/60/EC laying down specific purity criteria on sweeteners (OJ No. L152, 18.6.2010, p.12); and

(b) Commission Directive 2010/67/EU amending Directive 2008/84/EC laying down specific purity criteria on food additives other than colours and sweeteners (OJ No. L277, 21.10.2010, p.17).

2.  These Regulations implement the amending Directives by making amendments to regulation 2 of the Food Additives (Wales) Regulations 2009 (S.I. 2009/3378 (W.300)) so that the definitions of Directive 08/60 and Directive 08/84 in that regulation include reference to the relevant amending Directive (regulation 2(2)).

(1)

1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999 Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.

(2)

Functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales and, in relation to Scotland, the Secretary of State) so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the 1999 Act and are now vested in the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (2006 c. 32).

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).

(4)

S.I. 2009/3378 (W.300).