- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Point in Time (12/01/2012)
- Original (As made) - English
- Original (As made) - Welsh
Version Superseded: 04/07/2013
Point in time view as at 12/01/2012.
There are currently no known outstanding effects for the The Specified Products from China (Restriction on First Placing on the Market) (Wales) Regulations 2008.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Welsh Statutory Instruments
AGRICULTURE, WALES
FOOD, WALES
Made
14 April 2008
Laid before the National Assembly for Wales
14 April 2008
Coming into force
15 April 2008
The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1.
The Welsh Ministers have been designated for the purpose of that section in relation to measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals M2.
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 safety M3 there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Marginal Citations
M3OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3).
1. The title of these Regulations is the Specified Products from China (Restriction on First Placing on the Market (Wales) Regulations 2008; they apply in relation to Wales and come into force on 15 April 2008.
2.—(1) In these Regulations—
“the Agency” (“yr Asiantaeth”) means the Food Standards Agency;
“authorised officer” (“swyddog awdurdodedig”), in relation to a feed authority or a food authority, means any person (whether or not an officer of the authority) who is authorised by it in writing, either generally or specially, to act in matters arising under these Regulations;
[F1“the Commission Decision” (“Penderfyniad y Comisiwn”) means Commission Implementing Decision 2011/884/EU on emergency measures regarding unauthorised genetically modified rice in rice products originating from China and repealing Decision 2008/289/EC;]
“feed” (“bwyd anifeiliaid”) has the meaning given to it in Article 3.4 of Regulation 178/2002;
“feed authority” (“awdurdod bwyd anifeiliaid”) means the authority required by section 67(1A) of the Agriculture Act 1970 M4 to enforce that Act within its area;
“food” (“bwyd”) has the meaning given to it in Article 2 of Regulation 178/2002;
F2...
“food authority” (“awdurdod bwyd”) has the meaning that it bears by virtue of section 5(1A) of the Food Safety Act 1990 M5;
“operator” (“gweithredydd”) has the meaning that it bears in the Commission Decision;
[F3“placing on the market” has the meaning given to it in Article 3.8 of Regulation 178/2002;]
“Regulation 178/2002” (“Rheoliad 178/2002”) means 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 safety; and
“specified product” (“cynnyrch penodedig”) means any product listed in [F4Annex I] to the Commission Decision that originates from or has been consigned from China.
(2) Where any functions under the Food Safety Act 1990 are assigned—
(a)by an order under section 2 of the Public Health (Control of Disease) Act 1984 M6, to a port health authority; or
(b)by an order under section 6 of the Public Health Act 1936 M7, to a joint board for a united district,
any reference in these Regulations to a food authority will be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
[F5(3) Any expression used in the Commission Decision and in these Regulations has the same meaning in these Regulations as it bears in the Commission Decision.]
Textual Amendments
F1Words in reg. 2(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(2)(a)(i)
F2Words in reg. 2(1) omitted (12.1.2012) by virtue of The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(2)(a)(ii)
F3Words in reg. 2(1) inserted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(2)(a)(iii)
F4Words in reg. 2(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(2)(a)(iv)
F5Reg. 2(3) inserted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(2)(b)
Marginal Citations
M71936 c. 49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.
3.—[F7(1) The placing on the market of any specified product is prohibited unless —
(a)the conditions specified in Article 4 of the Commission Decision have been complied with in relation to the product; and
(b)where the consignment of the specified product has been split following official control, an authenticated copy of the health certificate and the analytical report accompanies each part of the split consignment.]
(2) Any person who knowingly contravenes the prohibition in paragraph (1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale, to imprisonment for a term not exceeding three months or to both.
Textual Amendments
F6Reg. 3 heading substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(3)
F7Reg. 3(1) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(3)
F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Reg. 4 omitted (12.1.2012) by virtue of The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(4)
5.—(1) It is to be the duty of each feed authority to execute and enforce these Regulations within its area in relation to feed.
(2) It is to be the duty of each food authority to execute and enforce these Regulations within its area in relation to food.
(3) For the purposes of enabling the feed authority to exercise its duty under paragraph (1) and the food authority to exercise its duty under paragraph (2), an authorised officer of the authority concerned will ensure that the requirements referred to in paragraph (4) are adhered to.
[F9(4) The requirements are those specified in —
(a)Article 5 of the Commission Decision (which is concerned with the conditions under which specified products may be placed on the market, the official controls to be carried out and the measures to be taken with regard to non-compliant consignments); and
(b)the first sentence of Article 7 of that Decision (which is concerned with the control of splitting of consignments).]
(5) Each feed authority and each food authority is to give such assistance and information to the Welsh Ministers and the Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Textual Amendments
6. The following provisions of the Food Safety Act 1990 apply for the purposes of these Regulations with the modification that any reference in those provisions to that Act or Part thereof is to be construed as a reference to these Regulations —
(a)section 20 (offences due to fault of another person);
(b)section 21 (defence of due diligence) M8, with the modification that subsections (2) to (4) apply in relation to an offence under regulation 3(2) as they apply in relation to an offence under section 14 or 15, that in subsections (2)(a) and (3)(b) the references to “food” will be deemed to be references to feed or food and that in subsection (4)(b) the references to “sale or intended sale” are to be deemed to be references to “ [F10placing on the market]”;
(c)section 32 (powers of entry), with the modification that in subsection (1) the reference to “an enforcement authority” is to be deemed to be a reference to a feed authority or a food authority, the references to “the authority's area” are to be deemed to be references to the authority's area and the reference to “a food authority” will be deemed to be a reference to a feed authority or a food authority;
(d)section 33(1) (obstruction etc. of officers);
(e)section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” will be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (d);
(f)section 35(1) (punishment of offences) M9, in so far as it relates to offences under section 33(1) as applied by sub-paragraph (d);
(g)section 35(2) and (3) M10, in so far as it relates to offences under section 33(2) as applied by sub-paragraph (e);
(h)section 36 (offences by bodies corporate);
(i)section 36A (offences by Scottish partnerships) M11; and
(j)section 44 (protection of officers acting in good faith), with the modification that the references to “food authority” will be deemed to be references to feed authority or food authority.
Textual Amendments
F10Words in reg. 6(b) substituted (12.1.2012) by The Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012 (S.I. 2012/64), regs. 1, 2(6)
Marginal Citations
M8Section 21 was amended by S.I. 2004/3279.
M9Section 35(1) is amended by the Criminal Justice Act 2003 (2003 c. 44), Schedule 26, paragraph 42, from a date to be appointed.
M10Section 35(3) was amended by S.I. 2004/3279.
M11Section 36A was inserted by the Food Standards Act 1999 (1999 c. 28), Schedule 5, paragraph 16.
7. Expenses charged by a feed authority or a food authority to an operator pursuant to Article 8 of the Commission Decision will be payable by the operator on the written demand of the authority.
Textual Amendments
8. The prohibition in regulation 3(1) does not apply in relation to any specified product which left China prior to 1st February 2012 provided that—
(a)the sampling and analysis have been conducted in accordance with Article 4(3) of the Commission Decision; and
(b)the placing on the market of the product would not have constituted an offence under these Regulations as they stood immediately before the coming into force of the Specified Products from China (Restriction on First Placing on the Market) (Wales) (Amendment) Regulations 2012.]
Textual Amendments
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 implement in relation to Wales Commission Decision 2008/289/EC on emergency measures regarding the unauthorised genetically modified organism “Bt 63” in rice products (OJ No. L96, 9.4.2008, p.29).
These Regulations —
prohibit the first placing on the market of any “specified product” (defined in regulation 2(1)), except where —
it is accompanied by—
an original analytical report based on a particular construct-specific method for detection of the genetically modified rice “Bt 63” issued by an official or accredited laboratory demonstrating that the product does not contain or consist of or is not produced from the genetically modified rice “Bt 63”, or
if it does not contain or consist of rice or is not produced from rice, a statement from the operator responsible for the consignment indicating that the food does not contain or consist of rice or is not produced from rice; or
the operator established in the Community who is responsible for the first placing on the market of the product has had the product tested and the analytical report in respect of that test demonstrates that it does not contain the genetically modified rice “Bt 63” (regulation 3(1)(a)); and
specified requirements for split consignments are complied with (regulation 3(1)(b));
provide that a person who knowingly contravenes that prohibition is guilty of an offence and prescribe penalties for that offence (regulation 3(2));
require an operator who becomes aware of a positive result of a test for the presence of the genetically modified rice “Bt 63” in a specified product that is under his or her control to inform the Food Standards Agency of that result immediately regulation 4(1));
provide that a person who without reasonable excuse fails to comply with that requirement is guilty of an offence and prescribe penalties for that offence (regulation 4(2));
provide for their enforcement (regulation 5); and
apply with modifications certain provisions of the Food Safety Act 1990 (1990 c. 16) for the purposes of the Regulations (regulation 6).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: