PART 4Amendment of subordinate legislation: amendments coming into force on IP completion day

CHAPTER 2Amendment of subordinate legislation so far as it extends to Great Britain

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018I112

1

The Quality Schemes (Agricultural Products and Foodstuffs) Regulations 2018 are amended as follows.

2

In regulation 1—

a

in the heading, for “and commencement” substitute “ , commencement and extent ”;

b

number the existing paragraph as paragraph (1);

c

after paragraph (1) (as numbered by sub-paragraph (b)) insert—

2

The following provisions extend to Great Britain—

a

this Part and Parts 2 to 4;

b

regulations 22 and 23.

3

In regulation 2(1)(b), for “in regulation 3(2)(c)(iv)” substitute “ where otherwise specified ”.

4

For regulation 3(2) substitute—

2

The Secretary of State is responsible for exercising the functions of the designated authority for the purposes of Articles 13(3), 24(2) and 34.

5

For regulation 6(4) substitute—

4

For the purposes of these Regulations any authority (other than the council of a non-metropolitan district) that is a food authority for the purposes of the Food Safety Act 1990 is eligible for appointment as an enforcement authority.

6

In regulation 10—

a

in paragraph (4)—

i

for the first comma substitute “ or ”;

ii

omit “or lay magistrate in Northern Ireland”;

iii

for “, sheriff or lay magistrate,” substitute “ or sheriff ”;

b

for paragraph (8)(a) substitute—

a

be accompanied by such other persons as the authorised officer considers necessary;

7

In regulation 12—

a

in paragraph (1)—

i

for sub-paragraph (a) substitute—

a

has marketed, or is marketing or intending to market, a product—

i

under a registered PDO or PGI which has not been labelled in a way described in Article 12 of Regulation 1151/2012 as read with Article 16(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014 M1, or

ii

under a registered TSG which has not been labelled in a way described in Article 23 of Regulation 1151/2012 as read with Article 25(4) of that Regulation and Article 2 of, and the Annex to, Regulation 664/2014;

ii

in sub-paragraph (j), for the words from “or (3)” to “2 of” substitute “ to (3) of Regulation 668/2014 M2 as read with Article 2 of, and the Annex to, ”;

b

in paragraph (2)(e), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

c

in paragraph (3), for “to 17” substitute “ and 16 ”.

8

In regulation 13—

a

in paragraph (3)(e), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

b

in paragraph (4), for “to 17” substitute “ and 16 ”.

9

In regulation 14—

a

in paragraph (4)(c)(i), for “, 16 or, as the case may be, 17” substitute “ or 16 as the case may be ”;

b

in paragraph (5), for “to 17” substitute “ and 16 ”.

10

Omit regulation 17.

11

In regulation 20, in the words before sub-paragraph (a), for “to 17” substitute “ and 16 ”.

12

Omit regulation 21.

13

In regulation 22—

a

in paragraph (1)—

i

in sub-paragraph (a), after “years” insert “ in Great Britain ”;

ii

in sub-paragraph (b), for “national opposition procedure” substitute “ opposition procedure referred to in Article 51 ”;

b

in paragraph (2), for the words from “Secretary” to the end substitute “ registration takes effect ”.