2020 No. 1581 (W. 331)
The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020
Made
Coming into force in accordance with regulation 1(2) and (3)
The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraphs 1(1) and 11M(1) of Schedule 2 , paragraph 7 of Schedule 4, and paragraph 21(b) of Schedule 7, to the European Union (Withdrawal) Act 20181.
In accordance with paragraph 4(a) of Schedule 2 to that Act, the Secretary of State has been consulted during the preparation of these Regulations.
In accordance with paragraph 1(8) of Schedule 7 to that Act, a draft of this instrument has been laid before and approved by a resolution of Senedd Cymru2.
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 safety3 there has been open and transparent public consultation during the preparation of these Regulations.
PART 1Introduction
Title, application and commencement1
1
The title of these Regulations is the Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 and they apply in relation to Wales.
2
This Part and Part 2 come into force immediately before implementation period completion day.
3
Parts 3 and 4 come into force on implementation period completion day.
PART 2Amendments to EU Exit subordinate legislation
The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20192
1
The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20194 are amended as follows.
2
Omit regulation 2.
3
In regulation 3 (amendment to the Materials and Articles in Contact with Food (Wales) Regulations 2012)—
a
after paragraph (2) insert—
2A
In regulation 4(3) omit “Community”.
2B
In regulation 6(1)—
a
omit sub-paragraph (a);
b
in sub-paragraph (b), for “16(1)” substitute “16”.
b
in paragraph (5), in the new regulation 10A to be inserted—
i
in paragraph (1), for “in accordance with Article 16 of Regulation 1935/2004” substitute “complying with paragraph (2)”;
ii
in paragraph (2), for “the United Kingdom” substitute “Great Britain”;
iii
in paragraph (3), for “the United Kingdom” substitute “Great Britain”;
c
after paragraph (6) insert—
6A
In regulation 27(1)(a)(i), for “10(4), 10(6)” substitute “10A(1), 10A(3).
6B
In Schedule 2, in paragraph 1, in the substituted section 10(1A), for “10(4), 10(6)” substitute “10A(1), 10A(3).
4
Omit regulation 4.
5
In the Schedule, in the new Schedule 5 (declaration of compliance) to be inserted, in paragraph 1(a), for “the United Kingdom” substitute “Great Britain”.
The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20193
1
The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 20195 are amended as follows.
2
In regulation 4(3) (amendment to the Quick-frozen Foodstuffs (Wales) Regulations 2007), for sub-paragraph (c), substitute—
c
in paragraph (4)—
i
in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/109” substitute “its equivalent in any other language”;
ii
in sub-paragraph (b), for “European Union” substitute “United Kingdom”.
3
Omit regulations 5 and 6.
4
In regulation 7 (amendment to the Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011)—
a
for paragraph (2) substitute—
2
In regulation 3(1), for “the European Union” substitute “Great Britain”
b
for paragraph (3) substitute—
3
In regulation 8(3)(a)(i), for “the European Union” substitute “Great Britain”
The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 20194
1
The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 20196 are amended as follows.
2
Omit regulation 2.
3
Omit regulations 4, 5, 6 and 7.
4
In regulation 8 (amendment to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015)—
a
in paragraph (3), for sub-paragraph (b) substitute—
b
for sub-paragraph (d), substitute—
d
is a natural mineral water intended for—
i
movement into Northern Ireland; or
ii
export to a third country.
b
for paragraph (4)(a)(iii), substitute—
iii
for sub-paragraph (d) substitute—
d
in the case of water extracted from the ground in a third country—
i
the Agency grants recognition in accordance with Part 2 of Schedule 1;
ii
it has equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 20077;
iii
it has equivalent recognition in Scotland granted by Food Standards Scotland in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 20078;
iv
it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 20159.
c
in paragraph 5, in the new regulation 4A to be inserted—
i
in paragraph (6), for “exit day” substitute “IP completion day”;
ii
in paragraph (12), for “exit day”, in each place it occurs, substitute “IP completion day”;
d
for paragraph (7), substitute—
7
In regulation 27A—
a
in paragraph (b)—
i
omit “or from another EEA State”;
ii
for “Articles 1 to 3 of Regulation 115/2010” substitute “the relevant bottled water legislation that applies in that part of the United Kingdom”;
b
in paragraph (c)—
i
for “country other than an EEA State” substitute “third country”;
ii
for the words from “has been authorised” to “Articles 1 to 3”, substitute “complies with Articles 1 and 2”
e
in paragraph (8)(b), after paragraph (i) insert—
ia
after “the Agency”, for the “or” substitute “to be equivalent to the requirements of these Regulations, or by the”
PART 3Amendment of Welsh subordinate legislation
The Genetically Modified Food (Wales) Regulations 20045
1
The Genetically Modified Food (Wales) Regulations 200410 are amended as follows.
2
In the Schedule, in Part 2, in the table—
a
omit the entry for Article 8.6;
b
in the entry for Article 9.3, in the second column, for “Commission”, substitute “Food Safety Authority”.
The General Food Regulations 20046
1
The General Food Regulations 200411 are amended as follows.
2
In regulation 4 (requirements under Regulation (EC) No.178/2002: offences), for paragraph (a) substitute—
a
Article 12 (food and feed exported from Great Britain) in so far as it relates to food;
The Fishery Products (Official Controls Charges) (Wales) Regulations 20077
1
The Fishery Products (Official Controls Charges) (Wales) Regulations 200712 are amended as follows.
2
In regulation 2(1), for the definition of “third country” substitute—
“third country” (“trydedd wlad”), except in the expression “third country import” means any country or territory other than the British Islands;
3
For regulation 4 substitute—
Sterling equivalents of Euro4
Any reference in these Regulations to a specified number of Euros (“EUR”) is to be read as that sum converted into pounds sterling (“GBP”) using the exchange rate of GBP1 = EUR1.1413.
4
For the heading to the Schedule, substitute—
DEFINITIONS OF LEGISLATION
The Food Irradiation (Wales) Regulations 20098
1
The Food Irradiation (Wales) Regulations 200913 are amended as follows.
2
In regulation 3(1)—
a
in the definition of “import”, for “another Member State or from a country outside the European Union” substitute “outside the United Kingdom”;
b
in the definition of “official reference number”, for “the reference number allocated by the Member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3)” substitute “the number shown for it in the list in Schedule 3”.
3
In regulation 5(1)—
a
for sub-paragraph (b) substitute—
b
it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;
b
in sub-paragraph (d), for “another” substitute “a”.
4
For the heading to Schedule 3, substitute—
LIST OF FACILITIES IN EU MEMBER STATES AND IN THE UNITED KINGDOM
The Meat (Official Controls Charges) (Wales) Regulations 20099
In the Meat (Official Controls Charges) (Wales) Regulations 200914, for the heading to Schedule 1, substitute—
DEFINITIONS OF LEGISLATION
The Official Feed and Food Controls (Wales) Regulations 200910
1
The Official Feed and Food Controls (Wales) Regulations 200915 are amended as follows.
2
In regulation 2(1)—
a
after the definition of “relevant feed law”, omit the “and”;
b
at the appropriate place, insert—
“third country” (“trydedd wlad”) means any country or territory other than the British Islands.
3
In regulation 4—
a
in paragraph (1), for “member States” substitute “the Welsh Ministers”;
b
in paragraph (4), for “EU legislation” substitute “any other applicable legislation”.
4
In regulation 5(1), for “member States” substitute “the Welsh Ministers”.
5
Omit regulations 14, 15 and 16.
6
In regulation 17—
a
omit paragraph (3);
b
in paragraph (5), omit sub-paragraphs (a) and (b).
7
In regulation 19(1)—
a
in sub-paragraph (a), omit “14, 15 or”;
b
in sub-paragraph (b)—
i
omit “14, 15 or”;
ii
for “those regulations” substitute “that regulation”.
8
In regulation 20(2), for “, regulation 11 or regulation 16” substitute “or regulation 11”.
9
In regulation 22, omit the definition of “the relevant territories” and the “and” after it.
10
In regulation 28(1), omit sub-paragraphs (b) and (d).
11
Omit regulation 3516.
12
In regulation 41—
a
in paragraph 1(b), omit “or paragraph (4) or (5) of regulation 35”;
b
after paragraph 1(e) insert—
f
contravenes or fails to comply with the provisions of any instrument made under Article 53 of Regulation 178/2002.
13
In Schedule 6, in the entry relating to Article 5(1)(b) of Regulation 2019/1602, in the second column, for “IMSOC” substitute “appropriate computerised information management system”.
The Food Safety (Sampling and Qualifications) (Wales) Regulations 201311
1
The Food Safety (Sampling and Qualifications) (Wales) Regulations 201317 are amended as follows.
2
In Schedule 2—
a
in Part 1, in paragraph 6, for “another Member State” substitute “a member State of the European Union”;
b
in Part 2—
i
in paragraph 2, for “another Member State” substitute “a member State of the European Union”;
ii
in paragraph 4, for “another Member State” substitute “a member State of the European Union”.
The Contaminants in Food (Wales) Regulations 201312
1
The Contaminants in Food (Wales) Regulations 201318 are amended as follows.
2
In regulation 5—
a
in paragraph (1), for “EU provisions” substitute “retained EU law provisions”;
b
in paragraph (2), for “EU provisions” substitute “retained EU law provisions”.
3
In regulation 8(2) (application of various sections of the Food Safety Act 1990), in the text of the modified section 9, for “the EU requirements”, in each place it occurs, substitute “the retained EU law requirements”.
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201313
1
The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 201319 are amended as follows.
2
In regulation 10(b), for “the European Union” substitute “Great Britain”.
3
In regulation 14(1)(d), for “territory of the EU” substitute “United Kingdom”.
4
Omit regulation 15.
5
In Schedule 1—
a
in Table 1, in the entry for Article 26.1, in the second column, for “Commission” substitute “Authority”;
b
In Table 2—
i
in the entry for Article 21.1 (as read with Article 22), in the second column, for “a language easily understandable to purchasers” substitute “English, or in English and Welsh”;
ii
in the entry for Article 26.2, in the second column, for “Commission” substitute “Authority”.
6
In Schedule 2, in Table 1—
a
in the entry for Article 10, in the second column, for “Union” substitute “domestic”;
b
in the entry for Article 19.2, in the second column, for “Commission” substitute “Authority”;
c
in the entry for Article 19.3, in the second column, for “Commission” substitute “Authority”.
7
In Schedule 3, in Table 1, in the entry for Article 9.5, in the second column, for “Commission” substitute “Authority”.
8
In Schedule 4, in Table 1—
a
in the entry for Article 4, in the second column, for “Union” substitute “domestic”;
b
in the entry for Article 14.1, in the second column, for “Commission” substitute “Authority”;
c
in the entry for Article 14.2, in the second column, for “Commission” substitute “Authority”.
The Honey (Wales) Regulations 201514
1
The Honey (Wales) Regulations 201520 are amended as follows.
2
In regulation 17—
a
in paragraph (1)—
i
omit “member State or third”;
ii
for the words from “one of the following” to the end, substitute “the indication “blend of honeys from more than one country” or wording in English with equivalent meaning.”;
b
in paragraph (6), for the words from “following indications” to the end, substitute “indication “cyfuniad o felau o fwy nag un wlad” or wording in Welsh with equivalent meaning may be included.”
The Caseins and Caseinates (Wales) Regulations 201615
1
The Caseins and Caseinates (Wales) Regulations 201621 are amended as follows.
2
In regulation 6—
a
in paragraph (1)—
i
in sub-paragraph (d), for “the European Union, the importer into the European Union market” substitute “the United Kingdom, the importer into the United Kingdom”;
ii
in sub-paragraph (e), for “countries outside the European Union” substitute “a third country”;
b
after paragraph (8) insert—
9
In this regulation, “third country” means any country other than the British Islands.
PART 4Saving Provision
Saving of declarations made under regulation 35 of the Official Feed and Food Controls (Wales) Regulations 200916
Notwithstanding the revocation of regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009 (by regulation 10(11) of these Regulations), any declaration made under regulation 35 that is in force immediately before implementation period completion day, takes effect after implementation period completion day as if made by the Welsh Ministers in a statutory instrument under Article 53 of Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law22.
(This note is not part of the Regulations)