The Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016

Title, application and commencementE+W

1.—(1) The title of these Regulations is the Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 2 August 2016.

Commencement Information

I1Reg. 1 in force at 2.8.2016, see reg. 1(3)

InterpretationE+W

2.—(1) In these Regulations—

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

[F1“the Delegated Regulation” (“y Rheoliad Dirprwyedig”) means Commission Delegated Regulation (EU) 2016/128 as amended from time to time supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes;]

“the EU Regulation” (“Rheoliad yr UE”) means Regulation (EU) No 609/2013 of the European Parliament and of the Council on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009;

[F1“food for special medical purposes” (“bwyd at ddibenion meddygol arbennig”) has the same meaning in these Regulations as in the EU Regulation;]

[F1“infant” (“baban”) means a child under the age of 12 months;]

“specified EU requirement” (“gofyniad UE penodedig”) means a provision of the EU Regulation [F2or the Delegated Regulation] specified in column 1 of Schedule 1, as read with the provisions in column 2.

(2) Where any functions under the Act are assigned to a port health authority by an order under section 2 of the Public Health (Control of Disease) Act 1984(1), any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the port health authority to which they are assigned.

(3) Any reference to an Article or Annex in these Regulations is a reference to an Article of, or an Annex to, the EU Regulation.

(4) Any reference to a provision of the EU Regulation contained in the table in Schedule 1, except a reference to Article 1(1), is a reference to that provision as amended from time to time.

[F3(5) Any reference to a provision of the Delegated Regulation contained in the table in Schedule 1 is a reference to that provision as amended from time to time.

F4(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

Commencement Information

I2Reg. 2 in force at 2.8.2016, see reg. 1(3)

EnforcementE+W

3.  Each food authority must execute and enforce these Regulations within its area.

Commencement Information

I3Reg. 3 in force at 2.8.2016, see reg. 1(3)

Application of provisions of the ActE+W

4.—(1) Section 10 of the Act (improvement notices) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, with the modifications specified in Part 1 of Schedule 2.

(2) Section 32 of the Act (powers of entry) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, with the modifications specified in Part 2 of Schedule 2.

(3) Section 35 of the Act (punishment of offences) applies in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, with the modification specified in Part 3 of Schedule 2.

(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies to an improvement notice served in relation to a specified EU requirement, with the modifications (in the case of section 37(1), (5) and (6)) specified in Part 4 of Schedule 2.

(5) Section 39 of the Act (appeals against improvement notices) [F5applies to an appeal against an improvement notice] served in relation to a specified EU requirement, with the modification specified in Part 5 of Schedule 2.

(6) The provisions of the Act specified in paragraph (7) apply in relation to the enforcement of a specified EU requirement for the purposes of these Regulations, insofar as they relate to the provisions of the Act specified in and modified by paragraphs (1) to (5).

(7) The provisions of the Act specified for the purposes of this paragraph are—

(a)section 3 (presumptions that food intended for human consumption);

(b)section 20 (offences due to fault of another person);

(c)section 21 (defence of due diligence);

(d)section 22 (defence of publication in the course of business);

(e)section 29 (procurement of samples);

(f)section 30(8) (which relates to evidence of certificates given by a food analyst or examiner);

(g)section 33 (obstruction etc. of officers);

(h)section 36 (offences by bodies corporate);

(i)section 36A (offences by Scottish partnerships);

(j)section 44 (protection of officers acting in good faith);

and any reference in those provisions to a section of the Act, including a reference to “any of the preceding provisions of this Part”, is to be read as a reference to such sections of the Act that apply by virtue of, and with the modifications made by, these Regulations.

Textual Amendments

Commencement Information

I4Reg. 4 in force at 2.8.2016, see reg. 1(3)

RevocationE+W

5.  The following Regulations are revoked—

(a)the Notification of Marketing of Food for Particular Nutritional Uses (Wales) Regulations 2007(2);

(b)regulations 26 and 27 of the Infant Formula and Follow-on Formula (Wales) Regulations 2007(3);

(c)the Food for Particular Nutritional Uses (Miscellaneous Amendments) (Wales) Regulations 2010(4);

(d)regulation 3 of the Transfer of Functions (Food) (Wales) Regulations 2014(5).

Commencement Information

I5Reg. 5 in force at 2.8.2016, see reg. 1(3)

Amendments to statutory instrumentsE+W

6.  Schedule 3 has effect.

Commencement Information

I6Reg. 6 in force at 2.8.2016, see reg. 1(3)

[F6Transitional arrangementsE+W

[F77.  Food for special medical purposes that does not comply with any specified provision of the Delegated Regulation specified in Schedule 1 may continue to be marketed until stocks of such food are exhausted provided that—

(a)it complies with the provisions of the EU Regulation specified in Schedule 1,

(b)it was placed on the market or labelled—

(i)before 22 February 2019, or

(ii)before 22 February 2020 in the case of food for special medical purposes developed to satisfy the nutritional requirements of infants, and

(c)the requirements specified in regulation 3(1) and (2) of the Medical Food (Wales) Regulations 2000 are met.]]

Textual Amendments

Rebecca Evans

Minister for Social Services and Public Health, under authority of the Cabinet Secretary for Health, Well-being and Sport, one of the Welsh Ministers