The Food Information (Wales) (Amendment) (No. 2) Regulations 2020

Amendment of the Food Information (Wales) Regulations 2014

2.—(1) The Food Information (Wales) Regulations 2014 are amended as follows.

(2) In regulation 5 (foods that are not prepacked etc. containing an allergenic substance or product etc.), in paragraph (2)—

(a) in sub-paragraph (a), after “prepacked,” insert “or”;

(b) in sub-paragraph (b), for “, or” substitute “.”;

(c) omit sub-paragraph (c).

(3) After regulation 5, insert—

“Foods that are prepacked for direct sale – duty to list ingredients

5A.— (1) A food business operator who offers for sale a food to which this regulation applies must provide directly on the package or on a label attached to the package the particulars required by the following—

(a) Article 9(1)(b) (list of ingredients), as read with—

(i) Article 13(1) to (3),

(ii) Article 15,

(iii) Article 16(2), so far as it relates to the particulars required by Article 9(1)(b),

(iv) Article 17, as read with Parts A and C of Annex 6 and, in the case of an ingredient using a minced meat designation as a name, the following points of Part B of Annex 6—

(aa) point 1, and

(bb) point 3, as read with regulation 4 and Schedule 2,

(v) Article 18, as read with Annex 7 and paragraph (1)(a)(iv) of this regulation,

(vi) Article 19(1), and

(vii) Article 20;

(b) Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) as read with Article 21(1) and Annex 2.

(2) This regulation applies to a food that—

(a) is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication, and

(b) is prepacked for direct sale.”

(4) In regulation 6 (foods that are not prepacked etc. – general requirement to name them), in paragraph (2)—

(a) in sub-paragraph (a), after “prepacked,” insert “or”;

(b) in sub-paragraph (b), for “, or” substitute “.”;

(c) omit sub-paragraph (c).

(5) After regulation 6, insert—

“Foods that are prepacked for direct sale – general requirement to name them

6A.— (1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(a) (the name of the food), as read with—

(a) Article 17(1) to (4),

(b) Part A of Annex 6, and

(c) in the case of food offered for sale using a minced meat designation as a name—

(i) Article 17(5),

(ii) point 1 of Part B of Annex 6, and

(iii) point 3 of Part B of Annex 6, as read with regulation 4 and Schedule 2.

(2) This regulation applies to a food that—

(a) is offered for sale to a final consumer or to a mass caterer, and

(b) is prepacked for direct sale.

(3) The particulars in paragraph (1) must be provided directly on the package or on a label attached to the package, except in the case of an offer for sale made by means of distance communication.”

(6) In regulation 10(1) (offence)—

(a) in sub-paragraph (b), omit “or”;

(b) after sub-paragraph (b) insert—

“(ba) regulation 5A(1)(b); or”.

(7) In regulation 12 (application of provisions of the Act), in paragraph (1)(a)—

(a) after paragraph (ii), insert—

“(iia) regulation 5A(1);”;

(b) after paragraph (iii), insert—

“(iiia) regulation 6A(1) or (3);”.

(8) In Schedule 1 (provisions of these Regulations that contain ambulatory references to FIC or Regulation 828/2014 by virtue of regulation 2(3)), insert the following entries into the appropriate places—

“Regulation 5A(1)”;

“Regulation 6A(1)”.

(9) In Schedule 4 (application and modification of provisions of the Act), in Part 1, in paragraph 1, in the modified section 10(1A)(d)—

(a) after sub-paragraph (i) insert—

“(ia) regulation 5A(1);”;

(b) after sub-paragraph (ii) insert—

“(iia) regulation 6A(1) or (3);”.