http://www.legislation.gov.uk/wsi/2008/1341The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 2008Food safetyFood standardsBusiness practice and regulationFood legislationLegislationFOOD, WALESStatute Law Database2023-04-24Expert Participation2022-03-03 2008 No. 1341 (W.141)Made21 May 2008Laid before the National Assembly for Wales22 May 2008Coming into force1 July 2008The 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 1990.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 safety, there has been open and transparent public consultation during the preparation and evaluation of these Regulations. 1The 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 2008.21In 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);“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 products;...“food authority” (“awdurdod bwyd”) has the meaning it bears by virtue of section 5(1A) of the Act; “Regulation (EU) 2013” (“Rheoliad (EU) 2013”) means Regulation (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; “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.2Other expressions used in these Regulations and in the Council Regulation , Regulation (EU) 2013 or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation , Regulation (EU) 2013 or the Commission Regulation.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4No person may sell by retail any margarine unless it contains in every 100 grams —anot less than 800 micrograms and not more than 1,000 micrograms of vitamin A, andbnot 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.5Each food authority in its area shall execute and enforce the specified provisions and these Regulations.61Any person who contravenes or fails to comply with —aregulation 4; orbany specified provision,is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.2The specified provisions are —aArticle 114(1) of the Council Regulation (prescribed descriptions for milk and milk products) as read with Part III of Annex VII to Regulation (EU) 2013;bArticle 115 of the Council Regulation (marketing standards applying to spreadable fats, including compositional criteria for reserved descriptions), as read with —ipoints 1,3,5 and 6 of Part II and point 2 of Part IV of Annex XV to the Council RegulationiiArticle 1 of and Annex I to the Commission Regulation, oriiiArticle 2 of and Annex II to the Commission Regulation; andbaArticles 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 RegulationcArticle 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.71The 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 —asection 2 (extended meaning of “sale” etc);bsection 3 (presumptions that food intended for human consumption);csection 20 (offences due to fault of another person);dsection 21 (defence of due diligence), as it applies for the purposes of section 14 or 15;esection 22 (defence of publication in the course of a business);fsection 30(8) (which relates to documentary evidence);gsection 33 (obstruction of officers);hsection 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2);isection 36 (offences by bodies corporate); andjsection 36A (offences by Scottish partnerships).2Section 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 specified provisions.8The following instruments are revoked —aThe Milk and Milk Products (Protection of Designations) Regulations 1990, in so far as they apply in relation to Wales;bThe Spreadable Fats (Marketing Standards) (Wales) Regulations 2001;cThe Spreadable Fats (Marketing Standards) (Wales) (Amendment) Regulations 2007.Gwenda ThomasUnder authority of the Minister for Health and Social Services, one of the Welsh Ministers. (This note is not part of the Regulations)1These 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”).2The 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.3The provisions of the Council Regulation include:athe 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); andbthe 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).4The 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).5The Regulations in this instrument —aprovide an exemption for spreadable fats imported from an EEA state other than a Member State (regulation 3(1));bspecify 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));cdesignate the authorities responsible for enforcement of these Regulations and the EU Regulations mentioned in paragraphs 3 and 4 above (regulation 5);dcreate a summary offence of failing to comply with the requirements of these Regulations or the relevant EU provisions (regulation 6); andeapply certain provisions of the Food Safety Act 1990 for the purposes of these Regulations.6A full regulatory assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. 1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990. Functions formerly exercisable by “the Ministers” so far as they are exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter made exercisable by the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3). OJ No. L299, 16.11.2007, p.1. There are amendments to this Regulation but none are relevant to this instrument. OJ No. L106, 24.4.2007, p.24. S.I. 1990/607, as amended by S.I. 1990/2486. S.I. 2001/1361 (W.89), as amended by S.I. 2007/1905 (W.163). S.I. 2007/1905 (W.163). Reg. 1 in force at 1.7.2008, see reg. 1Reg. 7 in force at 1.7.2008, see reg. 1Reg. 8 in force at 1.7.2008, see reg. 1Reg. 2 in force at 1.7.2008, see reg. 1Reg. 4 in force at 1.7.2008, see reg. 1Reg. 5 in force at 1.7.2008, see reg. 1Reg. 6 in force at 1.7.2008, see reg. 1Words in reg. 2(1) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 9(2)(a)Words in reg. 2(2) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 9(2)(b)Words in reg. 6(2)(a) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 9(3)(a)Reg. 6(2)(b)(i) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 9(3)(b)Reg. 6(2)(ba) inserted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 9(3)(c)Words in reg. 2(1) substituted (28.3.2019) by The Rural Affairs, Environment, Fisheries and Food (Miscellaneous Amendments and Revocations) (Wales) Regulations 2019 (S.I. 2019/463), regs. 1(3), 22Words in reg. 2(1) omitted (31.12.2020) by virtue of The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(2)(a); 2020 c. 1, Sch. 5 para. 1(1)Words in reg. 2(1) inserted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 5 substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(3); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 6(1)(b) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(4)(a); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 6(2) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(4)(b); 2020 c. 1, Sch. 5 para. 1(1)Word in reg. 7(2) substituted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 3(5); 2020 c. 1, Sch. 5 para. 1(1)Reg. 3 omitted (3.3.2022) by virtue of The Food (Withdrawal of Recognition) (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2022 (S.I. 2022/112), regs. 1(2), 4 (with reg. 5)