2007 No. 1984 (W.165)

FOOD, WALES

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007

Made10 July 2007

Laid before the National Assembly for Wales12 July 2007

Coming into force7 August 2007

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(2), 26(1)(a) and (3), and 48(1) of the Food Safety Act 19901.

In accordance with section 48(4A) of that Act, the Assembly has had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety2, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title, application and commencement1.

These Regulations are called the Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007, apply in relation to Wales and come into force on 7 August 2007.

Interpretation2.

(1)

In these Regulations —

“the Act” (“y Ddeddf”) means the Food Safety Act 1990;

“food authority” (“awdurdod bwyd”) has the same meaning as in section 5(1A) and (3)(a) and (b) of the Act;;

“port health authority” (“awdurdod iechyd porthladd”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 19843, a port health authority for that district constituted by order under section 2(4) of that Act;

F1“the EC Regulation” (“y Rheoliad CE”) means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods, as Annex F21, 2 or 3 to which is amended from time to time.

(2)

Expressions used in these Regulations and in the EC Regulation have the same meaning in these Regulations as they do in that Regulation.

(3)

Any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the EC Regulation.

Enforcement3.

Each port health authority within its district and each food authority within its area will execute and enforce the provisions of these Regulations and of the EC Regulation.

Offences and penalties4.

(1)

F3Any person who contravenes or fails to comply with the provisions of the EC Regulation specified in paragraph (2) is guilty of an offence and liable —

(a)

on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

(b)

on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.

(2)

The specified provisions referred to in paragraph (1) are —

(a)

Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) F4...;

(b)

Article 4 (prohibition on addition of vitamins and minerals to certain foods);

(c)

Article 5(2) (requirement to observe purity criteria);

(d)

Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined); F5...

F6(e)

Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added)F7;

F8(f)

Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex 3, Part A to foods or its use in the manufacture of foods);

(g)

Article 8(2)(a)(ii) (prohibition of the addition of a substance listed in Annex 3, Part B to foods or its use in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part).

F9Transitional provision in relation to food containing substance listed in Annex 3, Part B4A.

An offence is not committed under paragraph (1) of regulation 4 by virtue of paragraph (2)(g) of that regulation in respect of the addition of a substance to, or its use in the manufacture of, any food if—

(a)

the food is placed on the market before 1 April 2021; and

(b)

the substance concerned falls within the entry in Annex 3, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin.

Application of various provisions of the Act5.

The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations —

(a)

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

(b)

section 3 (presumption that food is intended for human consumption);

(c)

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

(d)

section 21 (defence of due diligence) as it applies for the purposes of section 14 or 15;

(e)

section 22 (defence of publication in the course of business);

(f)

section 30(8) (which relates to documentary evidence);

(g)

section 34 (time limit for prosecution);

(h)

section 36 (offences by bodies corporate);

(i)

section 36A (offences by Scottish partnerships); and

(j)

section 44 (protection of officers acting in good faith.

Obstruction of officers and provision of information etc6.

(1)

Any person who —

(a)

intentionally obstructs any person acting in the execution of these Regulations;

(b)

without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him or her;

is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(2)

Any person who, in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly provides information that is materially false or misleading in any material particular, is guilty of an offence and liable —

(a)

on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine or both;

(b)

on summary conviction to a term of imprisonment or to a fine not exceeding the statutory maximum or both.

(3)

Nothing in paragraph (1)(b) is to be construed as requiring any person to answer any question or give any information if to do so might incriminate that person.

Gwenda Thomas

Under authority of the Minister for Health and Social Services, one of the Welsh Ministers

(This note is not part of the Regulations)

These Regulations, which apply in relation to Wales, make provision for the execution and enforcement of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (OJ No. L404, 30.12.2006, p.26), “the EC Regulation”.

The Regulations —

(a)

specify the enforcement authorities (regulation 3);

(b)

provide that, subject where relevant to the transitional arrangements specified in the EC Regulation, it is an offence -

(i)

to fortify foods with vitamins or minerals other than those permitted by the EC Regulation and in the forms specified therein;

(ii)

to add vitamins or minerals to certain specified foods;

(iii)

to fail to adhere to the relevant purity criteria in the manufacture of vitamin formulations or mineral substances;

(iv)

to add a vitamin or mineral to foods in less than a significant amount, as that term is defined in Community legislation; and

(v)

to fail to comply with certain requirements for the labelling and presentation of foods to which vitamins or minerals have been added (regulation 4);

(c)

apply various provisions of the Food Safety Act 1990 for the purposes of these Regulations (regulation 5); and

(d)

provide that, subject to certain limitations, it is an offence to obstruct, fail to give information to or intentionally mislead anyone executing and enforcing these Regulations (regulation 6).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business has been prepared and copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff CF10 1EW.