In these Regulations—

Any reference in these Regulations to Regulation 2017/625 or any other Directive or Regulation referred to in Schedule 1 have the meanings respectively given to them in that Schedule.

Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Act has the meaning it bears in the Act.

Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or in the Regulation 2017/625 package has the meaning it bears in Regulation 178/2002 or in the Regulation 2017/625 package as the case may be.

In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.

Subject to paragraphs (2) and (5), any body specified in Column 1 of Schedule 4 is designated as a competent authority for the purposes of the provisions of F10Regulation 2017/625 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.

Where the feed authority is designated as a competent authority pursuant to paragraph (1) the designation extends to its area or district only, as the case may be.

Subject to paragraphs (4) to (6), any body specified in Column 1 of Schedule 5 is designated as a competent authority for the purposes of the provisions of F11Regulation 2017/625 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.

Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation extends to its area only.

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Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of F12Article 148 of Regulation 2017/625, the designation extends only to those operations in respect of which the Agency executes and enforces the Food Hygiene (Wales) Regulations 2006 by virtue of regulation 5(2) of those Regulations.

For the purposes of enabling competent authorities, other OFFC authorities and F62the Welsh Ministers to fulfil the obligations placed upon them by F14Regulation 2017/625 competent authorities may exchange among themselves or provide to other OFFC authorities any information received by them in the execution and enforcement of relevant feed law or relevant food law.

For the purpose of executing and enforcing relevant feed law or relevant food law, competent authorities may exchange among themselves any information received by them in the execution and enforcement of relevant feed law or relevant food law.

Competent authorities may share information received by them in the execution and enforcement of relevant feed law or relevant food law with the bodies that execute and enforce relevant feed law or relevant food law in England, Northern Ireland and Scotland for the purposes of facilitating the execution and enforcement of relevant feed law or relevant food law in those countries.

Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under F61any other applicable legislation.

For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of F15Regulation 2017/625 other than the competent authorities designated under these Regulations.

The competent authority may copy any records made available to it under paragraph (1)(b).

For the purposes of paragraph (1), the term “F18delegated body” includes any member, officer or employee of a F18delegated body.

The Agency may, after consulting the Welsh Ministers, give a feed authority or food authority a direction requiring them to take any specified steps in order to comply with a code issued under this regulation.

Any direction under paragraph (2) is, on the application of the Agency, enforceable by mandatory order.

The Agency must consult the Welsh Ministers before making an application under paragraph (4).

Before issuing any code under this regulation, the Welsh Ministers will have regard to any relevant advice given by the Agency.

The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.

That function includes, in particular, setting standards of performance (whether for enforcement authorities generally or for particular authorities) in relation to the enforcement of any relevant audit legislation.

The Agency may make a report to any other enforcement authority on their performance in enforcing any relevant audit legislation and such a report may include guidance as to action which the Agency considers would improve that performance.

Section 19 of the Food Standards Act 1999 applies in relation to information obtained through monitoring under this regulation as if it were information obtained through monitoring under section 12 of that Act.

The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).

The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 7 in relation to any enforcement authority.

No authorisation under this regulation may be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub-committee or member of the Agency acting on behalf of the Agency.

An authorisation under this regulation must be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).

The power to enter premises conferred on an authorised person includes power to take with him or her any other person that he or she may consider appropriate.

If a person who enters any premises by virtue of this regulation discloses to any person any information obtained on the premises with regard to any trade secret that person is, unless the disclosure is made in the performance of his or her duty, guilty of an offence.

Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).

In this regulation “authorised person” means a person authorised under this regulation.

In regulations 7 to 9 “relevant audit legislation” means relevant feed law and relevant food law in respect of which the Agency is designated as a competent authority pursuant to paragraphs (1) and (3) respectively of regulation 3 but does not include “relevant legislation” as defined in section 15 of the Food Standards Act 1999.

In regulations 7 to 9 “enforcement authority” means the authority by whom relevant audit legislation is to be enforced and includes the Agency itself if by virtue of that legislation it is the enforcement authority in relation to it but does not include the European Commission; and “enforcement” in relation to relevant audit legislation includes the execution of any provisions of that legislation.

Any reference in regulations 7 to 9 (however expressed) to the performance of an enforcement authority in enforcing any relevant audit legislation includes a reference to the capacity of that authority to enforce it.

The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the magistrates' Courts Act 1980 M6 applies to the proceedings.

The period within which an appeal under paragraph (1) may be brought is one month from the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order will be deemed for the purposes of this paragraph to be the bringing of the appeal.

Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the competent authority is incorrect, the authority must give effect to the determination of the court.

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The authority responsible for executing and enforcing paragraph (3) of regulation 5 is the competent authority who imposed the requirement on the F24delegated body concerned under paragraph (1) of that regulation.

The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 is the Agency.

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The authority responsible for executing and enforcing paragraph (8) of regulation 18 is the authority who authorised the person who entered the premises and disclosed the information.

Every warrant granted under this regulation continues in force for a period of one month.

An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons as he or she considers necessary, and on leaving any unoccupied premises which he or she has entered by virtue of such a warrant must leave them as effectively secured against unauthorised entry as that in which they were found.

If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him or her on the premises with regard to any trade secret, he or she is, unless the disclosure was made in the performance of his or her duty, guilty of an offence.

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

Aperson guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9 F50or regulation 11 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

A person guilty of an offence under regulation 19 is liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

It is the responsibility of each feed authority to execute and enforce the Import Provisions in its area or district as the case may be in relation to feed.

The feed authority is designated as the competent authority for the purposes of the provisions of F26Regulation 2019/1793 in so far as those provisions apply in relation to relevant feed law.

A feed authority's designation as a competent authority pursuant to paragraph (2) extends to its area or district only, as the case may be.

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It is the responsibility of each food authority to execute and enforce the Import Provisions in its area in relation to food.

The food authority is designated as the competent authority for the purposes of the provisions of F29Regulation 2019/1793 in so far as those provisions apply in relation to relevant food law.

A food authority's designation as a competent authority pursuant to paragraph (2) extends to its area only.

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The Commissioners, the Agency and any enforcement authority may exchange information for the purposes of the Import Provisions, and may divulge information to the bodies defined as enforcement authorities in the provisions corresponding to Part 3 of these Regulations in England, Scotland and Northern Ireland for the purposes of the Import Provisions or the provisions corresponding to the Import Provisions in those jurisdictions.

Paragraph (1) is without prejudice to any other power of the Commissioners, the Agency or any enforcement authority to disclose information.

Where a product has been sent to a destination in Wales from another part of the British Islands and examination of that product has been deferred under legislation with respect to imported products in force there, the enforcement authority for the place of destination is responsible for enforcing and executing the Import Provisions with respect to that product once it arrives in Wales.

No person may breach an undertaking given under paragraph (1)(d).

The deferred execution and enforcement provisions set out in this regulation will be subject to any official controls that take place pursuant to F31Article 47(1)(d) and (2)(b) and Article 54(4) of Regulation 2017/625.

The person responsible for introducing any product into Wales must permit an authorised officer of an enforcement authority to carry out checks in relation to the product pursuant to F32Articles 34(5) and (6), 44(2) F44, 45(1), (2) and (4), and 49(1) of Regulation 2017/625.

When an authorised officer is carrying out checks in relation to a product pursuant to F32Articles 34(5) and (6), 44(2) F44, 45(1), (2) and (4), and 49(1) of Regulation 2017/625, the person introducing the product must provide the facilities and assistance which the authorised officer reasonably requires to carry them out.

When an authorised officer of an enforcement authority is carrying out an identity check or a physical check on a product in accordance with F32Articles 34(5) and (6), 44(2) F44, 45(1), (2) and (4), and 49(1) of Regulation 2017/625 the officer is entitled to require that the check takes place at a specified place.

Where the Agency is satisfied that a border control post has ceased to comply with the requirements referred to in Article 64 of Regulation 2017/625 and Regulation 2019/1014 it may withdraw the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.

Where the Agency is satisfied that the conditions referred to in Article 63(1) of Regulation 2017/625 apply it may suspend the designation of the border control post for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect and if there is a serious risk to human or animal health the suspension may be with immediate effect.

Upon service of a notice under paragraph (2), the border control post ceases to be a designated border control post to the extent specified in that notice until the suspension is removed by service by the Agency on the operator of the border control post of a written notice to that effect.

Where the Agency is satisfied that it is reasonable to withdraw or suspend the designation for reasons other than those referred to in paragraphs (1) and (2) it may do so for all or for certain categories of animals and goods for which the designation was made by service on the operator of the border control post of a written notice to that effect.

An enforcement authority has the power to do anything that a competent authority may do under F33Articles 46, 65 to 69, 71, and 72 of Regulation 2017/625 if the conditions set out in those Articles are fulfilled.

The measures taken by the enforcement authority under Articles 66, 67 and 69 of Regulation 2017/625 pursuant to paragraph (1) are to be taken at the expense of the operator responsible for the consignment.

If an authorised officer of an enforcement authority proposes to place a consignment of feed or food under official detention under Article 65, 66 or 67 of Regulation 2017/625 the officer must serve a notice to that effect on the operator responsible for it.

Before ordering the operator to take action in accordance with Article 66(3)(a), (b) or (c), the enforcement officer must hear that operator as provided in the fourth subparagraph of Article 66(3) of Regulation 2017/625 unless immediate action is necessary.

If an authorised officer of an enforcement authority proposes to take any of the measures referred to in Article 66 or 67 of Regulation 2017/625 in respect of a consignment of feed or food, the officer must serve a notice to that effect on the operator responsible for it.

Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve a notice under regulation 32 may appeal to a magistrates' court.

The procedure on an appeal to a magistrates' court under paragraph (1) is by way of complaint for an order, and the magistrates' Courts Act 1980 applies to the proceedings.

The period within which an appeal under paragraph (1) may be brought is one month from the date on which the notice was served on the person desiring to appeal and the making of a complaint for an order will be deemed for the purposes of this paragraph to be the bringing of the appeal.

Where on an appeal under paragraph (1) a magistrates' court determines that the decision of the authorised officer of the enforcement authority is incorrect, the authority must give effect to the determination of the court.

The costs incurred by the enforcement authority in taking the measures for which the operator is liable under Articles 66, 67 and 69 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.

The costs of official controls and other activities as referred to in F42Article 79(2)(a) and Article 80 of Regulation 2017/625 are payable by the operator on the written demand of the enforcement authority.

If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the area in question is vacant, the sample must be submitted to the public analyst for some other area.

If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he or she is for any reason unable to perform the analysis or examination, the sample must be submitted or, as the case may be, sent by him or her to such other food analyst or examiner as he or she may determine.

Any food analyst or examiner who has analysed or examined a sample must give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.

Any certificate given by a food analyst or examiner under paragraph (6) must be signed by him or her, but the analysis or examination may be made by any person acting under his or her direction.

Any reference in this regulation to a public analyst for a given area is, where two or more public analysts have been appointed for that area, to be construed as a reference to either or any of them.

F2The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013 apply in relation to a sample procured by an authorised officer of a food authority under regulation 37 as if it were a sample procured by an authorised officer under section 29 of the Act.

The certificate given by a food analyst or examiner under paragraph (6) must be in the form set out in Schedule 3 to F2the Food Safety (Sampling and Qualifications) (Wales) Regulations 2013 .

Every warrant granted under this regulation continues in force for a period of one month.

An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him or her such other persons as the officer considers necessary, and on leaving any unoccupied premises which the officer has entered by virtue of such a warrant must leave them as effectively secured against unauthorised entry as that in which they were found.

If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him or her on the premises with regard to any trade secret, he or she is, unless the disclosure was made in the performance of his or her duty, guilty of an offence.

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 him or her.

Any person who imports into Wales or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of F40Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628 shall be guilty of an offence.

A person guilty of an offence under regulation 40 will be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.

In any proceedings for an offence under these Regulations, it is, subject to paragraph (2), a defence for the accused to prove that he or she took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or herself or by a person under his or her control.

In paragraph (1)(a) “director”, in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Nothing in paragraph (1) is to be construed as relieving any relevant body of any liability in respect of the acts of its officers.

In so far as a food authority is a relevant body for the purposes of this regulation, a public analyst appointed by a food authority must be treated for the purposes of this regulation as being an officer of the authority, whether or not his or her appointment is a whole-time one.