The Food, Animal Feed and Seeds (Miscellaneous Amendments and Transitional Provisions) (Wales) (EU Exit) Regulations 2021

The Honey (Wales) Regulations 2015

6.  In the Honey (Wales) Regulations 2015(1), after regulation 22 insert—

“Transitional provisions: withdrawal from the EU

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 on or before 30 September 2022;

(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.”

(1)

S.I. 2015/1507 (W. 174), amended by S.I. 2020/1581 (W. 331); there are other amending instruments but none are relevant to these Regulations.