Scope

3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to food which is ready for delivery to the ultimate consumer or to a catering establishment.

(2) These Regulations shall not apply in respect of any food which is —

(a) not intended for sale for human consumption; or

(b) marked or labelled with a clear indication that the food is intended exclusively for consumption by babies or young children.

(3) Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is —

(a) brought into Wales from —

(i) an EEA State (other than the United Kingdom), or

(ii) another part of the United Kingdom,

in which it was lawfully sold, having been lawfully produced in an EEA State; or

(b) brought into Wales from —

(i) a Member State (other than the United Kingdom), or

(ii) another part of the United Kingdom,

in which it was lawfully sold, having been lawfully produced in a Member State, or in which it was in free circulation and lawfully sold.

(4) For the purposes of paragraph (3) —

“EEA State” (“Gwladwriaeth EEA”) means a State which is a Contracting Party to the Agreement on the European Economic Area(1) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(2) signed at Brussels on 17th March 1993;

“free circulation” (“cylchrediad rhydd”) has the same meaning as in Article 24 of the Treaty establishing the European Community;

“Member State” (“Aelod-wladwriaeth”) means a State which is a member of the European Community.

(1)

OJ No. L1, 3.1.94, p.1.

(2)

OJ No. L1, 3.1.94, p.571.