The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to legislation in the field of feed and food safety and hygiene to provide for the implementation and enforcement of Regulation (EU) 2017/625 of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products.

Regulation 2 replaces and updates the list of EU Regulations set out in Schedule 1 to the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W. 5)), and makes consequential amendments as a result of the updated list.

Regulation 3 amends the Official Feed and Food Controls (Wales) Regulations 2009 (S.I. 2009/3376 (W. 298)).

• Paragraphs (2) and (8) replace and update the list of EU regulations set out in Schedule 1 to those Regulations, and make incidental and consequential amendments as a result of the updated list.

• Paragraph (3) substitutes a revised definition of “product” in regulation 22. Paragraph (4), makes a consequential amendment as a result of the revised definition.

• Paragraph (5) amends regulation 36 to make provision for the payment of costs of official controls under Article 79(2)(a) of Regulation 2017/625 in respect of Part 3. Paragraph (7) inserts a new regulation 42A into Part 4 that makes provision for the payment of costs of official controls under Article 79(2)(c) of Regulation 2017/625.

• Paragraph (6) amends regulation 41(1A) to replace the reference to Article 3 of Regulation (EU) No. 211/2013, which has been repealed and replaced by Regulations (EU) 2019/625 and 2019/628 (part of the package of Regulations made under Regulation (EU) 2017/625).

• Paragraphs (9) and (10) substitute new Schedules 4 and 5 respectively to correct errors in the existing Schedules.

• Paragraph (11) substitutes a new Schedule 6 to update the list of ‘specified import provisions’.

Regulation 4 updates references to EU instruments in the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387 (W. 121)). In particular, it replaces references to Regulation (EC) No. 882/2004 and Regulation (EC) No. 669/2009, which have respectively been repealed and replaced by Regulation (EU) 2017/625 and Regulation (EU) 2019/1793.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.