PART 4Amendment of subordinate legislation: amendments coming into force on IP completion day
CHAPTER 2Amendment of subordinate legislation so far as it extends to Great Britain
The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 201812
1
The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows.
2
In regulation 1—
a
in the heading, for “and commencement” substitute “, commencement and extent”;
b
number the existing paragraph as paragraph (1);
c
after paragraph (1) (as numbered by sub-paragraph (b)) insert—
2
The following provisions extend to Great Britain—
a
this Part and Parts 2 to 4;
b
regulations 22 and 23.
3
In regulation 2(1)(b), for “in regulation 3(2)(c)(iv)” substitute “where otherwise specified”.
4
For regulation 3(2) substitute—
2
The Secretary of State is responsible for exercising the functions of the designated authority for the purposes of Articles 13(3), 24(2) and 34.
5
For regulation 6(4) substitute—
4
For the purposes of these Regulations any authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 is eligible for appointment as an enforcement authority.
6
In regulation 10—
a
in paragraph (4)—
i
for the first comma substitute “or”;
ii
omit “or lay magistrate in Northern Ireland”;
iii
for “, sheriff or lay magistrate,” substitute “or sheriff”;
b
for paragraph (8)(a) substitute—
a
be accompanied by such other persons as the authorised officer considers necessary;
7
In regulation 12—
a
in paragraph (1)—
i
for sub-paragraph (a) substitute—
a
has marketed, or is marketing or intending to market, a product—
i
under a registered PDO or PGI which has not been labelled in a way described in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/201426, or
ii
under a registered TSG which has not been labelled in a way described in Article 23 of Regulation 1151/2012 as read with Article 25(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014;
ii
in sub-paragraph (j), for the words from “or (3)” to “2 of” substitute “to (3) of Regulation 668/201427 as read with Article 2 of, and the Annex to,”;
b
in paragraph (2)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
c
in paragraph (3), for “to 17” substitute “and 16”.
8
In regulation 13—
a
in paragraph (3)(e), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
b
in paragraph (4), for “to 17” substitute “and 16”.
9
In regulation 14—
a
in paragraph (4)(c)(i), for “, 16 or, as the case may be, 17” substitute “or 16 as the case may be”;
b
in paragraph (5), for “to 17” substitute “and 16”.
10
Omit regulation 17.
11
In regulation 20, in the words before sub-paragraph (a), for “to 17” substitute “and 16”.
12
Omit regulation 21.
13
In regulation 22—
a
in paragraph (1)—
i
in sub-paragraph (a), after “years” insert “in Great Britain”;
ii
in sub-paragraph (b), for “national opposition procedure” substitute “opposition procedure referred to in Article 51”;
b
in paragraph (2), for the words from “Secretary” to the end substitute “registration takes effect”.