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

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