The Bread and Flour (Wales) Regulations 2025

Application of various provisions of the Food Safety Act 1990

13.—(1) The provisions of the Food Safety Act 1990 set out in paragraph (2) apply for the purposes of these Regulations—

(a) as if any reference in those provisions to the Food Safety Act 1990, or to any Part of that Act, were a reference to these Regulations;

(b) with any modifications specified in paragraph (2).

(2) The provisions are—

(a) section 2 (extended meaning of “sale” etc.);

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

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

(d) section 21(1) and (5) (defence of due diligence);

(e) section 30(8) (evidence of certificates given by a food analyst or examiner);

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

(g) section 35(1)(1) (punishment of offences) insofar as it relates to an offence under section 33(1) of the Food Safety Act 1990 as applied by this regulation;

(h) section 35(2)(2) (punishment of offences) insofar as it relates to an offence under section 33(2) of the Food Safety Act 1990 as applied by this regulation;

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

(j) section 36A(3) (offences by Scottish partnerships);

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

(l) section 50(4) (service of documents) as if—

(i) references to “given to or served on”, and “given or served” include “issued to” and “issued”, respectively, and

(ii) references to serving a document by sending it in a prepaid letter are references to serving that document by post in accordance with sections 13 and 14 of the Legislation (Wales) Act 2019(5).

(1)

Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44), from a date to be appointed.

(2)

Section 35(2) was amended by S.I. 2015/664.

(3)

Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999.

(4)

Section 50 was amended by paragraph 18 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (c. 40).

(5)

2019 anaw 4. Sections 13 and 14 were amended by paragraph 5(3) and (8) of Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1).