2022 No. 939 (W. 203)

Agriculture, Wales
Food, Wales

The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers, in exercise of the powers conferred by sections 16(1)(e) and 48(1)(c) of the Food Safety Act 19901, make the following Regulations.

In accordance with section 48(4A) of the Food Safety Act 19902, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency.

There has been consultation 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.

Title, commencement, application and extentI11

1

The title of these Regulations is the Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022.

2

These Regulations come into force on 30 September 2022.

3

These Regulations apply in relation to Wales and extend to England and Wales.

Annotations:
Commencement Information
I1

Reg. 1 in force at 30.9.2022, see reg. 1(2)

Amendment of the Food Hygiene (Wales) Regulations 2006I22

In regulation 17 (offences and penalties) of the Food Hygiene (Wales) Regulations 20064, in paragraph (9)(b)(ii), for “the end of 30 September 2022” substitute “1 January 2024”.

Annotations:
Commencement Information
I2

Reg. 2 in force at 30.9.2022, see reg. 1(2)

Amendment of the Quick-frozen Foodstuffs (Wales) Regulations 2007I33

In regulation 12 (transitional provision: withdrawal from the EU) of the Quick-frozen Foodstuffs (Wales) Regulations 20075, in sub-paragraph (a) for “before the end of 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I3

Reg. 3 in force at 30.9.2022, see reg. 1(2)

Amendment of the Marketing of Fresh Horticultural Produce (Wales) Regulations 2009I44

1

The Marketing of Fresh Horticultural Produce (Wales) Regulations 20096 are amended as follows.

2

In regulation 23 (transitional provisions: withdrawal from the EU)—

a

in paragraph (1)(a), for “the end of the period of 21 months beginning on the day on which IP completion day falls” substitute “1 January 2024”; and

b

in paragraph (2)(a), for “the end of the period of 21 months beginning on the day on which IP completion day falls” substitute “1 January 2024”.

Annotations:
Commencement Information
I4

Reg. 4 in force at 30.9.2022, see reg. 1(2)

Amendment of the Beef and Veal Labelling (Wales) Regulations 2011I55

1

The Beef and Veal Labelling (Wales) Regulations 20117 are amended as follows.

2

In regulation 4 (offences under European legislation), for paragraph 4 substitute—

4

Paragraphs (1)(a)(vi) and (1)(b)(ii) do not apply if the matter constituting the alleged contravention—

a

relates to a product that was placed on the market before 1 January 2024, and

b

would not have constituted a contravention—

i

in the case of paragraph (1)(a)(vi), of Article 15 of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as that Regulation had effect in EU law immediately before IP completion day; or

ii

in the case of paragraph (1)(b)(ii), of Article 2(2)(b) of Regulation (EC) No 1825/2000 of the European Parliament and of the Council as that Regulation had effect in EU law immediately before IP completion day.

Annotations:
Commencement Information
I5

Reg. 5 in force at 30.9.2022, see reg. 1(2)

Amendment of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013I66

In regulation 22 (transitional provision: withdrawal from the EU) of the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 20138, in paragraph (1)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I6

Reg. 6 in force at 30.9.2022, see reg. 1(2)

Amendment of the Food Information (Wales) Regulations 2014I77

In regulation 15 (transitional provisions: withdrawal from the EU) of the Food Information (Wales) Regulations 20149, in paragraph (1)(a), for “on or before 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I7

Reg. 7 in force at 30.9.2022, see reg. 1(2)

Amendment of the Honey (Wales) Regulations 2015I88

In regulation 23 (transitional provisions: withdrawal from the EU) of the Honey (Wales) Regulations 201510, in paragraph (2)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I8

Reg. 8 in force at 30.9.2022, see reg. 1(2)

Amendment of the Country of Origin of Certain Meats (Wales) Regulations 2015I99

In regulation 7 (transitional provision: withdrawal from the EU) of the Country of Origin of Certain Meats (Wales) Regulations 201511, in paragraph (2)(a) for “on or before 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I9

Reg. 9 in force at 30.9.2022, see reg. 1(2)

Amendment of the Caseins and Caseinates (Wales) Regulations 2016I1010

In regulation 10 (transitional provision: withdrawal from the EU) of the Caseins and Caseinates (Wales) Regulations 201612, in paragraph (1)(a), for “on or before 30 September 2022” substitute “before 1 January 2024”.

Annotations:
Commencement Information
I10

Reg. 10 in force at 30.9.2022, see reg. 1(2)

Amendment of Commission Regulation (EC) No 1825/2000I1111

In Article 2 (labelling where information is not available) of Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 of the European Parliament and of the Council as regards the labelling of beef and beef products13, in paragraphs 3 and 4, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Annotations:
Commencement Information
I11

Reg. 11 in force at 30.9.2022, see reg. 1(2)

Amendment of Commission Regulation (EC) No 589/2008I1212

In Article 30 (imported eggs) of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs14, in paragraph 3, for the words from “for a period” to “falls” substitute “for the period beginning with 30 September 2022 and ending with 31 December 2023”.

Annotations:
Commencement Information
I12

Reg. 12 in force at 30.9.2022, see reg. 1(2)

Amendment of Commission Implementing Regulation (EU) No 543/2011I1313

1

Commission Implementing Regulation (EU) No 543/2011 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 in respect of the fruit and vegetables and processed fruit and vegetables sectors15 is amended as follows.

2

In Article 7 (mixes), in paragraph 4(b), for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

3

In Annex 1 (marketing)—

a

in Part A (general marketing standards), in point 4(A) (identification), in the second indent of the second paragraph,, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”; and

b

in Part B (specific marketing standards), in each of Parts 1 to 10, in point 6(A) (identification), in the second indent of the second paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Annotations:
Commencement Information
I13

Reg. 13 in force at 30.9.2022, see reg. 1(2)

Amendment of Commission Implementing Regulation (EU) No 29/2012I1414

In Article 2 of Commission Implementing Regulation (EU) No 29/2012 on marketing standards for olive oil (codification)16, in point (b) of the third paragraph, for the words from “of 21” to “falls” substitute “beginning with 30 September 2022 and ending with 31 December 2023”.

Annotations:
Commencement Information
I14

Reg. 14 in force at 30.9.2022, see reg. 1(2)

Amendment of Commission Delegated Regulation (EU) 2019/33I1515

In Article 46 (indication of the bottler, producer, importer and vendor) of Commission Delegated Regulation (EU) 2019/33 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation17, in paragraph 1, in points (a) and (d), for “30 September 2022” substitute “31 December 2023”.

Annotations:
Commencement Information
I15

Reg. 15 in force at 30.9.2022, see reg. 1(2)

Lynne NeagleDeputy Minister for Mental Health and Wellbeing, one of the Welsh Ministers
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend statutory instruments and retained EU law in relation to food labelling in Wales. The amendments extend previous transitional arrangements, which were due to expire at the end of September 2022, so that they continue to apply until the end of 2023.

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.