Welsh Statutory Instruments
2012 No. 975 (W.129)
FOOD, WALES
The Food Hygiene (Wales) (Amendment) Regulations 2012
Made 28 March 2012
Laid before the National Assembly for Wales 30 March 2012
Coming into force 1 May 2012

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972.
1972 c. 68.
The Welsh Ministers are designated for the purposes of that section in relation to measures in respect of food (including drink) including the primary production of food.
S.I. 2005/1971. By virtue of section 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32), functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers.
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 of the following Regulations.
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by 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 Four (OJ No. L188, 18.7.2009, p.14).

Title and commencement
1. The title of these Regulations is the Food Hygiene (Wales) (Amendment) Regulations 2012 and they come into force on 1 May 2012.

Amendment of the Food Hygiene (Wales) Regulations 2006
2. (1) The Food Hygiene (Wales) Regulations 2006 are amended in accordance with the following paragraphs.
S.I. 2006/31 (W.5) amended by S.I. 2006/1534 (W.151), S.I. 2007/373 (W.33) and S.I. 2010/893 (W.92).
(2) In paragraph (1) of regulation 9 (remedial action notices and detention notices) omit the words “subject to approval under Article 4(2) of Regulation 853/2004”.
(3) After paragraph (3) of regulation 22 (appeals against hygiene improvement notices and remedial action notices), as new paragraph (4) add the following—

“(4) Where on appeal against a remedial action notice under paragraph (1) a court cancels the notice, the enforcement authority must compensate the food business operator who brought the appeal in respect of any loss suffered by reason of the food business operator’s compliance with the notice, and any disputed question as to the right to or the amount of any compensation payable under this paragraph will be determined by arbitration.”

Lesley Griffiths
Minister for Health and Social Services, one of the Welsh Ministers
28 March 2012

(This note is not part of the Regulations)
1. These Regulations amend the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W.5), as already amended) so as to—
(a) permit the service of a remedial action notice in relation to an establishment not subject to approval under European food hygiene legislation (regulation 2(2)); and
(b) provide for compensation to be payable where a food business operator suffers loss by complying with a remedial action notice which, on appeal to the court, is subsequently cancelled (regulation 2(3)).
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.