2008 No. 1341 (W.141)

FOOD, WALES

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008

Made21 May 2008

Laid before the National Assembly for Wales22 May 2008

Coming into force1 July 2008

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 19901.

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 safety2, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement1.

The title of these Regulations is the Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008: they apply in relation to Wales and come into force on 1 July 2008.

Interpretation2.

(1)

In these Regulations —

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“the Council Regulation” (“Rheoliad y Cyngor”) means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)3;

“the Commission Regulation” (“Rheoliad y Comisiwn”) means Commission Regulation (EC) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products4;

F1...

“food authority” (“awdurdod bwyd”) has the meaning it bears by virtue of section 5(1A) of the Act;

F2“Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means F3Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products, as amended from time to time

“sell” (“gwerthu”) includes possess for sale, and offer, expose or advertise for sale;

“sell by retail” (“manwerthu”) means to sell to a person who is not buying for the purpose of re-sale;

F4“specified provision” (“darpariaeth benodedig”) means a provision referred to in regulation 6(2);

“vitamin A” (“fitamin A”) means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal one microgram of retinol equivalent;

“vitamin D” (“fitamin D”) means the anti-rachitic vitamins.

(2)

Other expressions used in these Regulations and in the Council Regulation F5, Regulation (EU) 2013 or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation F5, Regulation (EU) 2013 or the Commission Regulation.

Exemptions from these RegulationsF63.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Vitamin content of margarine4.

No person may sell by retail any margarine unless it contains in every 100 grams —

(a)

not less than 800 micrograms and not more than 1,000 micrograms of vitamin A, and

(b)

not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D,

and a proportionate amount in any part of 100 grams.

Enforcement5.

Each food authority in its area shall execute and enforce the F7specified provisions and these Regulations.

Offences and penalty6.

(1)

Any person who contravenes or fails to comply with —

(a)

regulation 4; or

(b)

any F8specified provision,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2)

The F9specified provisions are —

(a)

Article 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with F10Part III of Annex VII to Regulation (EU) 2013;

(b)

Article 115 of the Council Regulation (marketing standards applying to spreadable fats, including compositional criteria for reserved descriptions), as read with —

F11(i)

points 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council Regulation

(ii)

Article 1 of and Annex I to the Commission Regulation, or

(iii)

Article 2 of and Annex II to the Commission Regulation; and

F12(ba)

Articles 75(1)(h) and 78(1) and (2) of Regulation (EU) 2013 (definitions, designations and sales descriptions applying to spreadable fats) as read with Part VII of Annex VII to that Regulation

(c)

Article 3 of the Commission Regulation (requirements relating to the use of the designation “butter” for composite products) as read with Annex III to that Regulation.

Application of various provisions of the Act7.

(1)

The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations —

(a)

section 2 (extended meaning of “sale” etc);

(b)

section 3 (presumptions that food intended for human consumption);

(c)

section 20 (offences due to fault of another person);

(d)

section 21 (defence of due diligence), as it applies for the purposes of section 14 or 15;

(e)

section 22 (defence of publication in the course of a business);

(f)

section 30(8) (which relates to documentary evidence);

(g)

section 33 (obstruction of officers);

(h)

section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);

(i)

section 36 (offences by bodies corporate); and

(j)

section 36A (offences by Scottish partnerships).

(2)

Section 44 (protection of officers acting in good faith) of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference to the Act in that section shall be construed for the purposes of these Regulations as including a reference to the F13specified provisions.

Revocations8.

The following instruments are revoked —

(a)

The Milk and Milk Products (Protection of Designations) Regulations 19905, in so far as they apply in relation to Wales;

(b)

The Spreadable Fats (Marketing Standards) (Wales) Regulations 20016;

(c)

The Spreadable Fats (Marketing Standards) (Wales) (Amendment) Regulations 20077.

Gwenda Thomas

Under authority of the Minister for Health and Social Services, one of the Welsh Ministers.

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement, in relation to Wales, of certain provisions of Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (OJ No. L299, 16.11.2007, p.1) (“the Council Regulation”).

The Council Regulation repeals a number of other EU instruments and re-enacts their provisions without amendment. These Regulations provide for the enforcement of provisions formerly contained in two of the repealed EC instruments and formerly enforced in two separate statutory instruments.

The provisions of the Council Regulation include:

(a)

the requirement that milk and milk products marketed for human consumption must comply with certain specifications as to names and composition (Article 114(1) and Annex XII); and

(b)

the requirement that certain spreadable fats intended for human consumption must comply with specifications relating to their sales description, labelling and presentation, and use of terminology (Article 115 and Annex XV).

The provisions contained in the Council Regulation as regards spreadable fats are supplemented by Commission Regulation (EC) No. 445/2007 (OJ No. L106, 24.4.2007, p.24).

The Regulations in this instrument —

(a)

provide an exemption for spreadable fats imported from an EEA state other than a Member State (regulation 3(1));

(b)

specify the required levels for certain vitamins in margarine (regulation 4), subject to an exemption for margarines brought into Wales from elsewhere in the EEA or the UK that do not comply with these national rules (regulation 3(2));

(c)

designate the authorities responsible for enforcement of these Regulations and the EU Regulations mentioned in paragraphs 3 and 4 above (regulation 5);

(d)

create a summary offence of failing to comply with the requirements of these Regulations or the relevant EU provisions (regulation 6); and

(e)

apply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations.

A full regulatory assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.