http://www.legislation.gov.uk/wsi/2020/89/schedule/2The Infant Formula and Follow-on Formula (Wales) Regulations 2020texttext/xmlenFOOD, WALESStatute Law Database2026-03-20Expert Participation2024-01-01 These Regulations, which apply to Wales, make provision to enforce Commission Delegated Regulation (EU) 2016/127 of 25 September 2015 supplementing Regulation (EU) No. 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding (OJ No. L 25, 2.2.2016, p. 1, “the Delegated Regulation”). SCHEDULE 2 Regulation 4PART 11Section 10 of the Act (improvement notices) applies as if, for subsection (1), there were substituted—1If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a specified EU law requirement, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—astate the officer's grounds for believing that the person is failing to comply or, as the case may be, that the food does not comply with the specified EU law requirement;bspecify the matters which constitute the failure to comply;cspecify the measures which, in the officer's opinion, the person must take in order to secure compliance; anddrequire the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.PART 22Section 32 of the Act (powers of entry) applies as if—ain subsection (1) for paragraphs (a) to (c) there were substituted—ato enter any premises within the authority's area for the purpose of ascertaining whether there has been any contravention of a specified EU law requirement;bto enter any business premises, whether within or outside the authority's area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of a specified EU law requirement; andcwhen exercising a power of entry under this section, to exercise the associated powers in subsections (5) and (6) relating to records;;bsubsection (9) were omitted.PART 33Section 35 of the Act (punishment of offences) applies as if, before subsection (2), there were inserted—1BA person guilty of an offence under section 10(2), as applied by regulation 4(1) of the Infant Formula and Follow-on Formula (Wales) Regulations 2020, is liable on summary conviction, to a fine.PART 44Section 37 of the Act (appeals to magistrates' court or sheriff) applies as if—afor the heading there were substituted “ Appeals ”;bfor subsection (1) there were substituted—1Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 4(1) of, and Part 1 of Schedule 2 to, the Infant Formula and Follow-on Formula (Wales) Regulations 2020 may appeal to the magistrates' court.;csubsection (2) were omitted;dfor subsection (5) there were substituted—5The period within which such an appeal as is mentioned in subsection (1) above may be brought must be—whichever ends the earlier—aone month from the date on which notice of the decision was served on the person desiring to appeal; orbthe period specified in the improvement noticeand in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.ein subsection (6)—ifor “ subsection (3) or (4)” there were substituted “ subsection (1) ”; andiiin paragraph (a), “or to the sheriff” were omitted.PART 55Section 39 of the Act (appeals against improvement notices) applies as if in subsection (3), “for want of prosecution” were omitted.PART 66Section 3 of the 1990 Act (presumptions that food intended for human consumption) applies as if, in subsection (1), for “this Act” there were substituted “ the 2020 Regulations ”.7Section 20 of the Act (offences due to fault of another person) applies as if, for “any of the preceding provisions of this Part”, there were substituted “ the 2020 Regulations ”.8Section 21 of the Act (defence of due diligence) applies as if, in subsection (1), for “any of the preceding provisions of this Part”, there were substituted “ the 2020 Regulations ”.9Section 22 of the Act (defence of publication in the course of business) applies as if, for “any of the preceding provisions of this Part”, there were substituted “ the 2020 Regulations ”.10Section 29 of the Act (procurement of samples) applies as if, in paragraph (b)(ii), after “under section 32 below”, there were inserted “ including under section 32 as applied and modified by regulation 4(2) of, and Part 2 of Schedule 2 to, the 2020 Regulations ”.11Section 30 of the Act (analysis etc. of samples) applies as if—ain subsection (1), after “under section 29 above”, there were inserted “ including under section 29 as applied and modified by regulation 4(6) of, and Part 6 of Schedule 2 to, the 2020 Regulations ”; andbin subsection (8), for “this Act” there were substituted “ the 2020 Regulations ”.12Section 33 of the Act (obstruction etc. of officers) applies as if, in subsection (1), for “this Act” (in each place where it occurs) there were substituted “ the 2020 Regulations ”.13Section 36 of the Act (offences by bodies corporate) applies as if, in subsection (1), for “this Act” there were substituted “ the 2020 Regulations ”.14Section 36A of the Act (offences by Scottish partnerships) applies as if, for “this Act”, there were substituted “ the 2020 Regulations ”.15Section 44 of the Act (protection of officers acting in good faith) applies as if, for “this Act”, in each place where those words appear, there were substituted “ the 2020 Regulations ”.16Section 53 (general interpretation) applies as if—aafter the definition of “the 1956 Act” there were inserted—“the 2020 Regulations” means the Infant Formula and Follow-on Formula (Wales) Regulations 2020;;bafter the definition of “slaughterhouse” there were inserted—“specified EU law requirement” has the meaning given in regulation 2(1) of the 2020 Regulations;.Section 32(5) and (6) was amended by section 70 of, and paragraph 18 of Schedule 2 to, the Criminal Justice and Police Act 2001 (c. 16).Section 36A was inserted by section 40(1) of, and paragraph 16 of Schedule 5 to, the 1999 Act.Sch. 2 para. 1 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 16 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 6 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 11 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 5 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 3 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 15 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 13 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 8 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 9 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 2 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 4 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 7 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 10 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 14 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)Sch. 2 para. 12 in force at 22.2.2020 for specified purposes and at 22.2.2021 in so far as not already in force, see reg. 1(2)