The Contaminants in Food (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations, which extend to Wales only and revoke and re-enact with changes the Contaminants in Food (Wales) Regulations 2002 (S.I. 2002/1886)(W.195) —

(a) make provision for the enforcement and execution of Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs (OJ No. L77, 16.3.2001, p.1), as corrected and amended (“the Commission Regulation”); and

(b) implement —

(i) Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs (OJ No. L201, 17.7.1998, p.93) as amended,

(ii) Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (OJ No. L77, 16.3.2001, p.14) as corrected,

(iii) Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs (OJ No. L75, 16.3.2002, p.38), and

(iv) Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (OJ No. L209, 6.8.2002, p.5) as corrected.

2.  These Regulations —

(a) provide that it is an offence to —

(i) place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and spinach),

(ii) use foods containing such contaminants at such levels as ingredients in the production of certain foods,

(iii) mix foods which comply with the maxima referred to above with foods which do not,

(iv) mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption, or

(v) detoxify by chemical treatments food not complying with the limits specified in the Commission Regulation (regulation 3);

(b) specify the enforcement authorities (regulation 4);

(c) prescribe requirements in relation to the analysis of samples of foods subject to the Commission Regulation, and in so doing modify section 29 of the Food Safety Act 1990 in its application to the taking of samples of the foods concerned (regulation 5);

(d) provide a defence in relation to exports in implementation of Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs, as read with the ninth recital to that Directive (OJ No. L186, 30.6.89, p.23) (regulation 6);

(e) provide for the application of specified provisions of the Food Safety Act 1990 for the purposes thereof (regulation 7);

(f) provide for the re-dispatch out of the European Economic Area of imported food that fails to comply with certain requirements of regulation 3 but does not pose a serious risk to human health and the destruction of such food where it does pose such a risk (regulation 8);

(g) include transitional provisions (regulations 9 and 10);

(h) make consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 (regulation 11); and

(i) revoke the Contaminants in Food (Wales) Regulations 2002 (regulation 12).

3.  A regulatory appraisal for these Regulations has been prepared pursuant to section 65 of the Government of Wales Act 1998 and placed in the library of the National Assembly for Wales. Copies may be obtained from the Food Standards Agency, 1st Floor, Southgate House, Cardiff, CF10 1EW.