The Spreadable Fats (Marketing Standards) (Wales) (Amendment) Regulations 2007

Welsh Statutory Instruments

2007 No. 1905 (W.163)

FOOD, WALES

The Spreadable Fats (Marketing Standards) (Wales) (Amendment) Regulations 2007

Made

3 July 2007

Laid before the National Assembly for Wales

5 July 2007

Coming into force

31 July 2007

The Welsh Ministers make the following Regulations in exercise of the powers conferred on them by sections 16(1), 17(2), 26(1) and (3) and 48(1) of the Food Safety Act 1990(1).

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

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 safety(2), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1.  The title of these Regulations is the Spreadable Fats (Marketing Standards) (Wales) (Amendment) Regulations 2007 and come into force on 31 July 2007.

Amendment of the Spreadable Fats (Marketing Standards) (Wales) Regulations 2001

2.—(1) The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001(3) are amended in accordance with paragraph (2).

(2) In regulation 2(1) (interpretation), for the definition of the Commission Regulation substitute—

““the Commission Regulation” means Commission Regulation (EC) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products(4);”.

Gwenda Thomas

Under authority of the Minister for Health and Social Services, one of the Welsh Ministers.

3 July 2007

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the definition of the “the Commission Regulation” contained in the Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 (S.I. 2001/1361), “the 2001 Regulations”.

2.  In amending that definition in the 2001 Regulations, these Regulations provide for the execution and enforcement of Commission Regulation (EC) No.445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products (OJ No. L106, 24.4.2007, p.24). Commission Regulation (EC) No. 445/2007 revoked and replaced without further amendment Commission Regulation (EC) No. 577/97 as amended.

3.  A full regulatory impact assessment has not been prepared for these Regulations because no impact on the private or voluntary sectors is foreseen.

(1)

1990 c. 16. Functions formerly exercised by the “Secretary of State” so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I 1999/672 as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28). By virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006, functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.

(2)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended as at the date these Regulations are made by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3).

(3)

S.I. 2001/1361 (W.89).

(4)

OJ No. L. L106, 24.4.2007, p.24.