The Food and Drink (Transitional Provisions) (Wales) (EU Exit) Regulations 2021

The Food Information (Wales) Regulations 2014

2.  In the Food Information (Wales) Regulations 2014(1), after regulation 14 insert—

“Transitional provisions: withdrawal from the EU

15.— (1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 9(1)(h), and Article 9(1)(i) as read with Article 26(3), if—

(a) the improvement notice would relate to a product that was placed on the market on or before 30 September 2022, and

(b) the matter would not have constituted a failure to comply with those provisions as they 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 Article 7(1) or Article 36(2)(a) or (b) if—

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

(b) the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(3) Products to which paragraph (1) or (2) applies may continue to be marketed until stocks are exhausted.

(4) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) if—

(a) the improvement notice would relate to a specified product placed on the market within the period beginning with IP completion day and ending on 31 December 2023, and

(b) the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(5) Wine products to which paragraph (4) applies may continue to be marketed until stocks are exhausted.

(6) Other products to which paragraph (4) applies may continue to be marketed until 31 December 2023.

(7) In this regulation—

“improvement notice” (“hysbysiad gwella”) means an improvement notice pursuant to regulation 12(1);

“specified product” (“cynnyrch penodedig”) means an individually identifiable product, including a wine product, bearing an indication listed in point 5, 6 or 7 of Annex 10 to Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs(2)as that Regulation had effect immediately before IP completion day;

“wine product” (“cynnyrch gwin”) means a product to which Part 2 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products(3)as that Regulation had effect immediately before IP completion day applies.”

(1)

S.I. 2014/2303 (W. 227), to which there are amendments not relevant to these Regulations.

(2)

OJ No L 179, 19.6.2012, p. 36.

(3)

OJ No L 347, 20.12.2013, p. 671, as last amended by Regulation (EU) No 2020/2220 (OJ No L 437, 28.12.2020, p. 1).