The Honey (Wales) Regulations 2015

PART 5 E+W Enforcement and miscellaneous provisions

Enforcement E+W

18.  Each food authority must enforce and execute these Regulations in its area.

Commencement Information

I1 Reg. 18 in force at 3.8.2015, see reg. 1(2)

[F1 Methods of analysis E+W

18A.   In carrying out its obligations under regulation 18, a food authority must, whenever possible, use a method of analysis approved by the Codex Alimentarius, or another internationally recognised validated method of analysis, to verify compliance with the provisions of these Regulations.]

Textual Amendments

F1 Reg. 18A inserted (31.12.2020) by The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/435), regs. 1(3), 6; 2020 c. 1, Sch. 5 para. 1(1)

Application and modification of provisions of the Act E+W

19.  The provisions of the Act specified in column 1 of the table in Schedule 2 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Commencement Information

I2 Reg. 19 in force at 3.8.2015, see reg. 1(2)

Revocations E+W

20.—(1) The following are revoked—

(a) the Honey (Wales) Regulations 2003(1);

(b) the Honey (Wales) (Amendment) Regulations 2005(2); and

(c) the Honey (Wales) (Amendment) Regulations 2008(3).

(2) In the Food Information (Wales) Regulations 2014(4) the following provisions are omitted—

(a) entry 13 of the table in Part 1 of Schedule 6; and

(b) paragraphs 32 to 34 of Schedule 7.

Commencement Information

I3 Reg. 20 in force at 3.8.2015, see reg. 1(2)

Amendment of the Food Information (Wales) Regulations 2014 E+W

21.  Schedule 3 (amendment of the Food Information (Wales) Regulations 2014) has effect.

Commencement Information

I4 Reg. 21 in force at 3.8.2015, see reg. 1(2)

Transitional provision E+W

22.  An authorised officer of a food authority must not serve an improvement notice under section 10(1) of the Act, as applied and modified by regulation 19, as read with Schedule 2, if—

(a) the improvement notice would relate to a product that was placed on the market or labelled before 3 August 2015; and

(b) the matters constituting the alleged contravention would not have constituted an offence under the Honey (Wales) Regulations 2003 as they applied immediately before 3 August 2015.

Commencement Information

I5 Reg. 22 in force at 3.8.2015, see reg. 1(2)

[F2 Transitional provisions: withdrawal from the EU E+W

23.— (1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with regulation 17(1) if—

(a) the improvement notice would relate to a product that was placed on the market before IP completion day; and

(b) the matter constituting the alleged contravention would not have constituted an offence under regulation 17(1) as that provision had effect immediately before IP completion day.

(2) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with regulation 17(1) if—

(a) the improvement notice would relate to a product that was placed on the market [F3 before 1 January 2024];

(b) the product bears one of the indications provided for in regulation 17(1) as that provision had effect immediately before IP completion day;

(c) had the product been placed on the market immediately before IP completion day, the use of the indication would not have constituted a contravention of regulation 17(1) as that provision had effect immediately before IP completion day; and

(d) the indication is accurate in identifying the EU, non-EU or EU and non-EU origins, as the case may be, of the honeys in the product.

(3) In this regulation, “improvement notice” means an improvement notice pursuant to regulation 19.]

Textual Amendments

F2 Reg. 23 inserted (14.4.2021) by The Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/371), regs. 1(2), 6

F3 Words in reg. 23(2)(a) substituted (30.9.2022) by The Food Information (Amendment of Transitional Provisions) (Wales) Regulations 2022 (S.I. 2022/939), regs. 1(2), 8

(1)

S.I. 2003/3044, amended by S.I. 2005/3052, 2005/3254, 2008/543, 2014/2303.

(2)

S.I. 2005/3052.

(3)

S.I. 2008/543.

(4)

S.I. 2014/2303.