The Specified Sugar Products (Wales) Regulations 2003

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which apply to Wales, implement Council Directive 2001/111/EC relating to certain sugars intended for human consumption (OJ No. L10, 12.1.2002, p.53) apart from Article 2.2 which concerns the labelling of weights on small pre-packaged products. They revoke and replace the Specified Sugar Products Regulations 1976, as amended, in relation to Wales.

The Regulations —

(a) prescribe definitions and reserved descriptions for certain specified sugar products (regulation 2 and Schedules 1 and 2);

(b) provide for the Regulations to apply to such specified sugar products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment (regulation 3);

(c) restrict the use of reserved descriptions to the specified sugar products to which they relate (regulation 4);

(d) prescribe labelling requirements for such products (regulation 5);

(e) prescribe the manner of marking or labelling by applying specified provisions of the Food Labelling Regulations 1996 (regulation 6);

(f) specify a penalty, enforcement authorities and, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC on the official control of foodstuffs (OJ No. L186, 30.6.89, p.23) and the European Economic Area Agreement, a defence in relation to exports (regulations 7 and 8);

(g) apply various provisions of the Food Safety Act 1990 (regulation 9);

(h) revoke the previous Regulations and make consequential amendments and transitional provision (regulations 10 and 11). An effect of the revocation contained in regulation 10(1)(a) and the absence of any re-enactment of the provision thereby revoked is that Part II of the Food Labelling Regulations 1996 will apply in relation to the products to which these Regulations relate.

A Regulatory appraisal 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 together with a Transposition Note setting out how the main elements of the European legislation referred to above are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.