The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2012

Made4 July 2012

Laid before the National Assembly for Wales6 July 2012

Coming into force30 July 2012

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 16(1)(e) and 48(1) of the Food Safety Act 19901 and section 2(2) of and paragraph 1A of Schedule 2 to the European Communities Act 19722.

The Welsh Ministers have been designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food3.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for any reference to an EU instrument defined in Schedule 1 to be construed in accordance with regulation 2(3) as a reference to that instrument as amended from time to time.

In accordance with section 48(4A) of the Food Safety Act 1990 the Welsh Ministers 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 safety4 there has been open and transparent public consultation during the preparation of the following Regulations.

Title and commencement1.

The title of these Regulations is the Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2012 and they come into force on 30 July 2012.

Amendments to the Food Hygiene (Wales) Regulations 20062.

(1)

The Food Hygiene (Wales) Regulations 20065 are amended in accordance with paragraphs (2) to (6).

(2)

In paragraph (1) of regulation 2 (interpretation) for the references to the EU instruments appearing immediately after the definition of “premises” substitute the following references—

““Decision 2006/766” (“Penderfyniad 2006/766”), “Decision 2011/131” (“Penderfyniad 2011/131”), “Directive 2004/41” (“Cyfarwyddeb 2004/41”), “Regulation 178/2002” (“Rheoliad 178/2002”), “Regulation 852/2004” (“Rheoliad 852/2004”), “Regulation 853/2004” (“Rheoliad 853/2004”), “Regulation 854/2004” (“Rheoliad 854/2004”), “Regulation 882/2004” (“Rheoliad 882/2004”), “Regulation 1688/2005” (“Rheoliad 1688/2005”), “Regulation 2073/2005” (“Rheoliad 2073/2005”), “Regulation 2074/2005” (“Rheoliad 2074/20005”), “Regulation 2075/2005” (“Rheoliad 2075/2005”), “Regulation 1020/2008” (“Rheoliad 1020/2008”), “Regulation 1021/2008” (“Rheoliad 1021/2008”), “Regulation 219/2009” (“Rheoliad 219/2009”), “Regulation 596/2009” (“Rheoliad 596/2009”), “Regulation 669/2009” (“Rheoliad 669/2009”), “Regulation 1162/2009” (“Rheoliad 1162/2009”), “Regulation 739/2011” (“Rheoliad 739/2011”), “Regulation 809/2011” (“Rheoliad 809/2011”), “Regulation 880/2011” (“Rheoliad 880/2011”), “Regulation 1086/2011” (“Rheoliad 1086/2011”), “Regulation 1109/2011” (“Rheoliad 1109/2011”), “Regulation 1169/2011” (“Rheoliad 1169/2011”), “Regulation 1223/2011” (“Rheoliad 1223/2011”), “Regulation 1277/2011” (“Rheoliad 1277/2011”), “Regulation 16/2012” (“Rheoliad 16/2012”) and “Regulation 28/2012” (“Rheoliad 28/2012”) have the meanings respectively given to them in Schedule 1;”.

(3)

Immediately after paragraph (5) of regulation 2 insert the following paragraph—

“(6)
In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it may be amended from time to time.”

(4)

Immediately after regulation 32 (restrictions on the sale of raw milk intended for direct human consumption and amendments to the Food Labelling Regulations 1996) insert the following regulation—

“Special health mark32A.
The special health mark referred to in paragraph 9 of Chapter VI of Section I of Annex III to Regulation 853/2004 and paragraph 7 of Chapter III of Section I of Annex I to Regulation 854/2004 must conform with Schedule 6A.”

(5)

For Schedule 1 (definitions of EU Legislation) substitute the Schedule set out in Schedule 1 to these Regulations.

(6)

Immediately after Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) insert the Schedule set out in Schedule 2 to these Regulations.

Lesley Griffiths

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

4 July 2012

SCHEDULE 1SCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FOOD HYGIENE (WALES) REGULATIONS 2006

Regulation 2(5)

“SCHEDULE 1DEFINITIONS OF EU LEGISLATION
Regulation 2(1)
“Decision 2006/766” (“Penderfyniad 2006/766”) means Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted6 as last amended by Decision 2011/131;
“Decision 2011/131” (“Penderfyniad 2011/131”) means Commission Decision 2011/131/EU amending Annexe II to Decision 2006/766/EC as regards the inclusion of Fiji in the list of third countries and territories from which imports of fishery products for human consumption are permitted7;
“Directive 2004/41” (“Cyfarwyddeb 2004/41”) means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC8;
“Regulation 178/2002” (“Rheoliad 178/2002”) means 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 safety9 as last amended by Regulation 596/2009;
“Regulation 852/2004” (“Rheoliad 852/2004”) means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs10 as last amended by Regulation 219/2009 and as read with Regulation 2073/2005;
“Regulation 853/2004” (“Rheoliad 853/2004”) means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin11 as last amended by Regulation 16/2012 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, Regulation 2076/2005, Regulation 1020/2008 and Regulation 1162/2009;
“Regulation 854/2004” (“Rheoliad 854/2004”) means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption12 as last amended by Regulation 739/2011 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2075/2005, Regulation 2076/2005, Decision 2006/766, Regulation 1021/2008 and Regulation 1162/2009;
“Regulation 882/2004” (“Rheoliad 882/2004”) means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules13 as last amended by Regulation 880/2011 and as read with Regulation 2074/2005, Regulation 669/2009 and Regulation 1162/2009;
“Regulation 1688/2005” (“Rheoliad 1688/2005”) means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs14 as last amended by Regulation 1223/2011;
“Regulation 2073/2005” (“Rheoliad 2073/2005”) means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs15 as last amended by Regulation 1086/2011;
“Regulation 2074/2005” (“Rheoliad 2074/2005”) means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/200416 as last amended by Regulation 809/2011;
“Regulation 2075/2005” (“Rheoliad 2075/2005”) means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat17 as last amended by Regulation 1109/2011;
“Regulation 1020/2008” (“Rheoliad 1020/2008”) means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products18;
“Regulation 1021/2008” (“Rheoliad 1021/2008”) means Commission Regulation (EC) No. 1021/2008 amending Annexes I, II and III to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) No. 2076/2005 as regards live bivalve molluscs, certain fishery products and staff assisting with official controls in slaughterhouses19;
“Regulation 219/2009” (“Rheoliad 219/2009”) means Regulation (EC) No. 219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Two20;
“Regulation 596/2009” (“Rheoliad 596/2009”) means Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four21 as last amended by Regulation 1169/2011;
“Regulation 669/2009” (“Rheoliad 669/2009”) means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC22 as last amended by Regulation 1277/2011;
“Regulation 1162/2009” (“Rheoliad 1162/2009”) means Commission Regulation (EC) No. 1162/2009 laying down transitional measures for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council23 as last amended by Regulation 28/2012 and as read with the second sub-paragraph of Article 54(3) of Regulation 1169/2011;
“Regulation 739/2011” (“Rheoliad 739/2011”) means Commission Implementing Regulation (EU) No. 739/2011 amending Annex I to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption24;
“Regulation 809/2011 (“Rheoliad 809/2011”) means Commission Implementing Regulation (EU) No. 809/2011 amending Regulation (EC) No. 2074/2005 as regards documentation accompanying imports of frozen fishery products directly from a freezer vessel25;
“Regulation 880/2011” (“Rheoliad 880/2011 ”) means Commission Regulation (EU) No. 880/2011 correcting Regulation (EU) No. 208/2011 amending Annex VII to Regulation (EC) No. 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No. 180/2008 and (EC) No. 737/2008 as regards lists and names of EU reference laboratories26;
“Regulation 1086/2011” (“Rheoliad 1086/2011”) means Commission Regulation (EU) No. 1086/2011 amending Annex II to Regulation (EC) No. 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No. 2073/2005 as regards salmonella in fresh poultry meat27;
“Regulation 1109/2011” (“Rheoliad 1109/2011”) means Commission Implementing Regulation (EU) No. 1109/2011 amending Annex I to Regulation (EC) No. 2075/2005 as regards the equivalent methods for Trichinella testing28;
“Regulation 1169/2011” (“Rheoliad 1169/2011”) means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No. 608/200429;
“Regulation 1223/2011” (“Rheoliad 1223/2011”) means Commission Implementing Regulation (EU) No. 1223/2011 amending Regulation (EC) No. 1688/2005 as regards sampling of flocks of origin of eggs and the microbiological examination of such samples and samples of certain meat intended for Finland and Sweden30;
“Regulation 1277/2011” (“Rheoliad 1277/2011”) means Commission Implementing Regulation (EU) No. 1277/2011 amending Annex I to Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin31;
“Regulation 16/2012” (“Rheoliad 16/2012”) means Commission Regulation (EU) No. 16/2012 amending Annex II to Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards the requirements concerning frozen food of animal origin intended for human consumption32;
“Regulation 28/2012” (“Rheoliad 28/2012”) means Commission Regulation (EU) No. 28/2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No. 1162/200933.”

SCHEDULE 2SCHEDULE TO BE INSERTED IMMEDIATELY AFTER SCHEDULE 6 TO THE FOOD HYGIENE (WALES) REGULATIONS 2006

Regulation 2(6)

“SCHEDULE 6ATHE SPECIAL HEALTH MARK
Regulation 32A
1.
The special health mark must consist of a square mark containing in legible form the following characters:
on the upper part, the letters “UK”;
in the centre, the approval number of the premises; and
on the lower part, the letter “N”.
2.
When applied to carcases, the special health mark must measure 5.5 cm by 5.5 cm and contain letters 0.8 cm high and figures 1 cm high. The dimensions and characters of the mark may be reduced for health marking of lamb, kids and piglets.”

(This note is not part of the Regulations)

These Regulations amend the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W.5), as already amended) (“the 2006 Regulations”) by updating the definitions of certain EU instruments that are referred to in those Regulations and providing that a reference to those EU instruments is to be a reference to them as any annex to them is amended from time to time.

These Regulations amend the 2006 Regulations to update the definitions of certain EU instruments by—

(a)

substituting definitions of certain EU instruments for the definitions of the EU instruments that currently appear after the definition of “premises” in paragraph (1) of regulation 2 (interpretation) (regulation 2(2));

(b)

adding a provision that any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as any annex to it is amended from time to time (regulation 2(3)); and

(c)

substituting a revised Schedule 1 (definitions of EU legislation) for the existing Schedule 1 (regulation 2(5)).

In addition, these Regulations specify the form and size of the special health mark to be applied to meat derived from animals that have undergone emergency slaughter outside the slaughterhouse (regulation 2(4) and (6) and Schedule 2).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.