2020 No. 295 (W. 67)
Food, Wales

The Food Information (Wales) (Amendment) (No. 2) Regulations 2020

Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e), 26(3) and 48(1) of the Food Safety Act 19901, and, in relation to regulation 2(3), (5) and (8), by paragraph 1A of Schedule 2 to the European Communities Act 19722.
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 references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers3, inserted into the Food Information (Wales) Regulations 20144 by regulation 2(3) and (5) of these Regulations, to be construed as references to that EU Regulation as amended from time to time.
So far as these Regulations are made in exercise of powers under the Food Safety Act 1990, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)5 of that Act.
There has been open and transparent public consultation during the preparation and evaluation of these Regulations 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 safety6.

Title and commencement1.

(1)

The title of these Regulations is the Food Information (Wales) (Amendment) (No. 2) Regulations 2020.

(2)

These Regulations come into force on 1 October 2021.

Amendment of the Food Information (Wales) Regulations 20142.

(1)

The Food Information (Wales) Regulations 2014 are amended as follows.

(2)

In regulation 5 (foods that are not prepacked etc. containing an allergenic substance or product etc.), in paragraph (2)—

(a)

in sub-paragraph (a), after “prepacked,” insert “or”;

(b)

in sub-paragraph (b), for “, or” substitute “.”;

(c)

omit sub-paragraph (c).

(3)

After regulation 5, insert—

“Foods that are prepacked for direct sale – duty to list ingredients5A.

(1)

A food business operator who offers for sale a food to which this regulation applies must provide directly on the package or on a label attached to the package the particulars required by the following—

(a)

Article 9(1)(b) (list of ingredients), as read with—

(i)

Article 13(1) to (3),

(ii)

Article 15,

(iii)

Article 16(2), so far as it relates to the particulars required by Article 9(1)(b),

(iv)

Article 17, as read with Parts A and C of Annex 6 and, in the case of an ingredient using a minced meat designation as a name, the following points of Part B of Annex 6—

(aa)

point 1, and

(bb)

point 3, as read with regulation 4 and Schedule 2,

(v)

Article 18, as read with Annex 7 and paragraph (1)(a)(iv) of this regulation,

(vi)

Article 19(1), and

(vii)

Article 20;

(b)

Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) as read with Article 21(1) and Annex 2.

(2)

This regulation applies to a food that—

(a)

is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication, and

(b)

is prepacked for direct sale.”

(4)

In regulation 6 (foods that are not prepacked etc. – general requirement to name them), in paragraph (2)—

(a)

in sub-paragraph (a), after “prepacked,” insert “or”;

(b)

in sub-paragraph (b), for “, or” substitute “.”;

(c)

omit sub-paragraph (c).

(5)

After regulation 6, insert—

“Foods that are prepacked for direct sale – general requirement to name them6A.

(1)

A food business operator who offers for sale a food to which this regulation applies must provide the particulars required by Article 9(1)(a) (the name of the food), as read with—

(a)

Article 17(1) to (4),

(b)

Part A of Annex 6, and

(c)

in the case of food offered for sale using a minced meat designation as a name—

(i)

Article 17(5),

(ii)

point 1 of Part B of Annex 6, and

(iii)

point 3 of Part B of Annex 6, as read with regulation 4 and Schedule 2.

(2)

This regulation applies to a food that—

(a)

is offered for sale to a final consumer or to a mass caterer, and

(b)

is prepacked for direct sale.

(3)

The particulars in paragraph (1) must be provided directly on the package or on a label attached to the package, except in the case of an offer for sale made by means of distance communication.”

(6)

In regulation 10(1) (offence)—

(a)

in sub-paragraph (b), omit “or”;

(b)

after sub-paragraph (b) insert—

“(ba)

regulation 5A(1)(b); or”.

(7)

In regulation 12 (application of provisions of the Act), in paragraph (1)(a)—

(a)

after paragraph (ii), insert—

“(iia)

regulation 5A(1);”;

(b)

after paragraph (iii), insert—

“(iiia)

regulation 6A(1) or (3);”.

(8)

In Schedule 1 (provisions of these Regulations that contain ambulatory references to FIC or Regulation 828/2014 by virtue of regulation 2(3)), insert the following entries into the appropriate places—

“Regulation 5A(1)”;

“Regulation 6A(1)”.

(9)

In Schedule 4 (application and modification of provisions of the Act), in Part 1, in paragraph 1, in the modified section 10(1A)(d)—

(a)

after sub-paragraph (i) insert—

“(ia)

regulation 5A(1);”;

(b)

after sub-paragraph (ii) insert—

“(iia)

regulation 6A(1) or (3);”.

Vaughan Gething
Minister for Health and Social Services, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Food Information (Wales) Regulations 2014 (S.I. 2014/2303 (W. 227)).

New regulation 5A, inserted by regulation 2(3) of this instrument, provides that food that is prepacked for direct sale, whether supplied to a final consumer or to a mass caterer, must have a list of ingredients, including allergen information, provided directly on the package or on a label attached to the package. There is an exemption for packaging or containers the largest surface of which has an area of less than 10cm2. There is also an exemption where an offer for sale is made by means of distance communication.

New regulation 6A, inserted by regulation 2(5) of this instrument, provides that food that is prepacked for direct sale, whether supplied to a final consumer or to a mass caterer, must have the name of the food provided directly on the package or on a label attached to the package. There is an exemption where an offer for sale is made by means of distance communication.

Regulation 2(2) and (4) amends regulations 5 and 6 of the Food Information (Wales) Regulations 2014 so that those provisions no longer apply to food that is prepacked for direct sale.

Regulation 2(6), (7) and (9) amends the enforcement provisions of the Food Information (Wales) Regulations 2014 to reflect the insertion of new regulations 5A and 6A.

These Regulations were notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council) laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society Services (OJ No L 241, 17.9.2015, p. 1).

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 at Food Standards Agency Wales, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW or from the Agency’s website at www.food.gov.uk.