The Food Hygiene Rating (Promotion of Food Hygiene Rating) (Wales) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the promotion of food hygiene ratings under the Food Hygiene Rating (Wales) Act 2013 (“the Act”).

Regulation 2 provides that these Regulations apply to establishments which supply takeaway food.

Regulation 3 sets out what food operators must do to promote their food hygiene rating and provides what must be displayed on their printed publicity materials.

Regulation 4 provides that where food operators choose to display a food hygiene rating on their printed publicity materials in addition to the statement it is required to display, that rating must comply with the requirements of regulation 4(2) and Schedule 1.

Regulation 5 makes it an offence for a food business establishment operator to fail to comply with the requirements of regulations 3 and 4(2).

Regulation 6 provides that where a body corporate (such as a company, or any other body incorporated by statute) commits an offence under the Regulations, a director, manager or secretary of that body (or anyone purporting to act in any such capacity) will also be guilty of an offence in circumstances where they are found to be personally culpable.

Regulation 7 provides that food authorities may enforce these Regulations and regulation 8 provides a power of entry and seizure of documents to authorised officers of food authorities to enforce the Regulations.

Regulation 9 provides that an offence under the Regulations is triable in the Magistrates Court and punishable by a fine not exceeding level 3 on the standard scale.

Regulation 10 enables an authorised officer of a food authority to issue a fixed penalty notice (FPN) to a person they have reason to believe has committed an offence under the Regulations. An authorised officer may offer that person the opportunity to discharge any liability to conviction for the offence by payment of a fixed penalty. If the fixed penalty is not paid, the food authority retains the power to prosecute. This regulation also introduces Schedule 2.

Part 1 of Schedule 2 sets out the procedure for fixed penalty notices and the level of fixed penalties payable in respect of an offence under these Regulations.

Part 2 of Schedule 2 makes provision in relation to the form and content of fixed penalty notices.

Regulation 11 provides that food authorities must use the receipts it receives from fixed penalties for enforcing food hygiene in Wales.

Regulation 12 prescribes information that a food authority must send to the operator of a food business establishment.

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 at the Health and Social Services Group, Welsh Government, Cathays Park, Cardiff CF10 3NQ.

A draft of the Regulations was notified to the European Commission in accordance with Article 8 of Directive 98/34/EC of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical standards and regulations (OJ No L204, 21.7.1998, p. 37) last amended by Directive 98/48/EC (OJ No L217, 05.08.1998, p. 18).