Version Superseded: 14/12/2019
Point in time view as at 26/07/2018.
There are currently no known outstanding effects for the The Official Feed and Food Controls (Wales) Regulations 2009,
PART 2
.
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.
3.—(1) 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 Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant feed law.
(2) 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.
(3) 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 Regulation 882/2004 indicated in the corresponding entry in Column 2 of that Schedule in so far as those provisions apply in relation to relevant food law.
(4) Where the food authority is designated as a competent authority pursuant to paragraph (3) the designation extends to its area only.
(5) Where the Agency is designated as a competent authority pursuant to paragraph (1) or (3) for the purposes of Article 31(1) of Regulation 882/2004, the designation extends only to the operations in respect of which the Agency executes and enforces the Food Hygiene (Wales) Regulations 2006 M1 by virtue of regulation 5(1)(a) of those Regulations.
(6) Where the Agency is designated as a competent authority pursuant to paragraph (3) for the purposes of Article 31(2) of Regulation 882/2004, the designation extends as regards Article 31(2)(a) to (e), 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.
Marginal Citations
M1S.I. 2006/31 (W.5), as amended by S.I. 2006/1534 (W.151) and S.I. 2007/373 (W.33).
4.—(1) For the purposes of enabling competent authorities, other OFFC authorities and member States to fulfil the obligations placed upon them by Regulation 882/2004 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.
(2) 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.
(3) 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.
(4) Paragraphs (1), (2) and (3) are without prejudice to any other power of competent authorities to disclose information by or under Community legislation.
(5) For the purposes of this regulation, “other OFFC authorities” means authorities designated in the United Kingdom as competent authorities for the purposes of Regulation 882/2004 other than the competent authorities designated under these Regulations.
5.—(1) For the purpose of enabling competent authorities and member States to fulfil the obligations placed on them by Regulation 882/2004 and for the purpose of executing and enforcing relevant feed law or relevant food law, a competent authority may require a control body—
(a)to provide the competent authority with any information which it has reasonable cause to believe the control body is able to give; and
(b)to make available to the competent authority for inspection by it any records which it has reasonable cause to believe are held by the control body or are otherwise within its control (and, if they are kept in computerised form, to make them available in a legible form).
(2) The competent authority may copy any records made available to it under paragraph (1)(b).
(3) A person who—
(a)fails without reasonable excuse to comply with any requirement imposed under paragraph (1); or
(b)in purported compliance with such a requirement furnishes information which he or she knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
(4) For the purposes of paragraph (1), the term “control body” includes any member, officer or employee of a control body.
6.—(1) For the guidance of feed authorities and food authorities the Welsh Ministers may issue codes of recommended practice as regards—
(a)functions conferred upon those authorities in their capacity as competent authorities by or under Regulation 882/2004; or
(b)the execution and enforcement of the Import Provisions;
and any such code must be laid before the National Assembly for Wales after being issued.
(2) 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.
(3) In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004 and in their execution and enforcement of the Import Provisions, every feed authority and food authority—
(a)must have regard to any relevant provision of any such code; and
(b)must comply with any direction which is given under this regulation and requires them to take any specified steps in order to comply with such a code.
(4) Any direction under paragraph (2) is, on the application of the Agency, enforceable by mandatory order.
(5) The Agency must consult the Welsh Ministers before making an application under paragraph (4).
(6) Before issuing any code under this regulation, the Welsh Ministers will have regard to any relevant advice given by the Agency.
7.—(1) The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.
(2) 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.
(3) Each annual report of the Agency must contain a report on its activities during the year in enforcing any relevant audit legislation for which it is the enforcement authority and its performance in respect of—
(a)any standards under paragraph (2) that apply to those activities; and
(b)any objectives relating to those activities that are specified in the statement of objectives and practices under section 22 of the Food Standards Act 1999 M2.
(4) 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.
(5) The Agency may direct an authority to which such a report has been made—
(a)to arrange for the publication in such manner as may be specified in the direction of, or of specified information relating to, the report; and
(b)within such period as may be so specified to notify the Agency of what action they have taken or propose to take in response to the report.
(6) 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.
Marginal Citations
8.—(1) For the purpose of carrying out its function under regulation 7 in relation to any enforcement authority the Agency may require a person mentioned in paragraph (2)—
(a)to provide the Agency with any information which it has reasonable cause to believe that person is able to give; or
(b)to make available to the Agency for inspection any records which it has reasonable cause to believe are held by that person or otherwise within that person's control (and, if they are kept in computerised form, to make them available in a legible form).
(2) A requirement under paragraph (1) may be imposed on—
(a)the enforcement authority or any member, officer or employee of the authority; or
(b)a person subject to any duty under relevant audit legislation (being a duty enforceable by an enforcement authority) or any officer or employee of such a person.
(3) The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).
9.—(1) 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.
(2) 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.
(3) 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).
(4) An authorised person may—
(a)enter any premises mentioned in paragraph (5) at any reasonable hour in order to inspect the premises or anything which may be found on them;
(b)take samples of any articles or substances found on such premises;
(c)inspect and copy any records found on such premises (and, if they are kept in computerised form, require them to be made available in a legible form);
(d)require any person present on such premises to provide him or her with such facilities, such records or information and such other assistance as he or she may reasonably request.
(5) The premises which may be entered by an authorised person are—
(a)any premises occupied by the enforcement authority;
(b)any laboratory or similar premises at which work related to the enforcement of any relevant legislation has been carried out for the enforcement authority; and
(c)any other premises (not being a private dwelling-house) which the authorised person has reasonable cause to believe are premises in respect of which the enforcement powers of the enforcement authority are (or have been) exercisable.
(6) 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.
(7) An authorised person must on request—
(a)produce his or her authorisation before exercising any powers under paragraph (4); and
(b)provide a document identifying any sample taken, or documents copied, under those powers.
(8) 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.
(9) 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).
(10) In this regulation “authorised person” means a person authorised under this regulation.
10.—(1) 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.
(2) 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.
(3) 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.
11. A person who—
(a)intentionally obstructs a person exercising powers under paragraph (4)(a), (b) or (c) of regulation 9;
(b)fails without reasonable excuse to comply with any requirement imposed under paragraph (1) of regulation 8 or paragraph (4)(d) of regulation 9; or
(c)in purported compliance with such a requirement furnishes information which that person knows to be false or misleading in any material particular or recklessly furnishes information which is false or misleading in any material particular,
is guilty of an offence.
12.—(1) Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to—
(a)Article 31(2)(c) of Regulation 882/2004 (approval);
(b)Article 31(2)(d) of Regulation 882/2004 (conditional approval and full approval); or
(c)Article 31(2)(e) of Regulation 882/2004 (withdrawal of approval and suspension of approval),
may appeal to a magistrates' court.
(2) 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 M3 applies to the proceedings.
(3) 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.
(4) 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.
F1(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Reg. 12(5)-(7) omitted (1.4.2011) by virtue of The Official Feed and Food Controls (Wales) (Amendment) Regulations 2011 (S.I. 2011/626), regs. 1, 2(2)
Marginal Citations
13. A person who is aggrieved by the dismissal by a magistrates' court of an appeal to it under regulation 12(1) may appeal to the Crown Court.
14. An authorised officer of a competent authority may take with him or her a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004.
15.—(1) When an enforcing officer enters premises for the purposes of executing and enforcing official controls that officer may take with him or her a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004.
(2) In paragraph (1) and in paragraph (5)(b) of regulation 17 “enforcing officer” means an authorised officer of any authority which is responsible for executing and enforcing official controls for the verification of compliance with relevant feed law or relevant food law.
16. If a person enters any premises by virtue of regulation 14 or 15 and discloses to any person any information obtained on the premises with regard to any trade secret he or she is, unless the disclosure is made in the performance of his or her duty, guilty of an offence.
17.—(1) The authority responsible for executing and enforcing paragraph (3) of regulation 5 is the competent authority who imposed the requirement on the control body concerned under paragraph (1) of that regulation.
(2) The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 is the Agency.
(3) The authority responsible for executing and enforcing regulation 16 is the authority whose officer took the person who made the disclosure on to the premises concerned.
(4) 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.
(5) The authority responsible for executing and enforcing regulation 19 is—
(a)where the offence relates to the execution of regulation 14, the competent authority whose authorised officer took with him or her a member of staff of the competent authority of another member State;
(b)where the offence relates to the execution of regulation 15, the authority whose enforcing officer took with him or her a Commission expert; and
(c)where the offence relates to the execution of regulation 18, the relevant enforcement authority whose authorised officer exercised powers under that regulation.
18.—(1) An authorised officer of a relevant enforcement authority other than the Agency on producing, if so required, some duly authenticated document showing his or her authority, has a right at all reasonable hours—
(a)to enter any premises within the authority's area or as the case may be district for the purpose of ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which that authority has enforcement responsibility pursuant to regulation 17; and
(b)to enter any premises, whether within or outside the authority's area or as the case may be district, for the purpose of ascertaining whether there is on the premises any evidence of such a contravention within that area or district,
but admission to any premises used only as a private dwelling-house may not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
(2) An authorised officer of the Agency on producing if so required some duly authenticated document showing his or her authority, has a right at all reasonable hours to enter any premises for the purpose of—
(a)ascertaining whether there is or has been on the premises a contravention of any provision of this Part of these Regulations for which the Agency has enforcement responsibility pursuant to regulation 17; and
(b)ascertaining whether there is on the premises any evidence of such a contravention,
but admission to any premises used only as a private dwelling-house may not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
(3) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) or (2) and either—
(a)that admission to the premises has been refused, or a refusal is apprehended, and that notice of the intention to apply for a warrant has been given to the occupier; or
(b)that an application for admission, or the giving of such a notice, would defeat the object of the entry, or that the case is one of urgency, or that the premises are unoccupied or the occupier is temporarily absent,
the justice may by warrant signed by him or her authorise the authorised officer to enter the premises, if need be by reasonable force.
(4) Every warrant granted under this regulation continues in force for a period of one month.
(5) 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.
(6) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) and, where any such records are stored in any electronic form—
(a)may have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records; and
(b)may require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material to afford that officer such assistance as he or she may reasonably require.
(7) Any officer exercising any power conferred by paragraph (6) may—
(a)seize and detain any records which the officer has reason to believe may be required as evidence in proceedings under any of the provisions of this Part of these Regulations; and
(b)where the records are stored in any electronic form, require the records to be produced in a form in which they may be taken away.
(8) 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.
(9) Nothing in this regulation authorises any person, except with the permission of the local authority under the Animal Health Act 1981 M4, to enter any premises—
(a)on which an animal or bird affected with any disease to which that Act applies is kept; and
(b)which is situated in a place declared under that Act to be infected with such a disease.
Marginal Citations
19.—(1) Any person who—
(a)intentionally obstructs any person acting in the execution of regulation 14, 15 or 18; or
(b)without reasonable cause, fails to give to any person acting in the execution of regulation 14, 15 or 18 any assistance or information which that person may reasonably require of him or her for the performance of his or her functions under those regulations,
is guilty of an offence.
(2) Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b)—
(a)furnishes information which that person knows to be false or misleading in a material particular; or
(b)recklessly furnishes information which is false or misleading in a material particular,
is guilty of an offence.
(3) 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.
20.—(1) A person guilty of an offence under paragraph (8) of regulation 18 is liable—
(a)on summary conviction to a fine not exceeding the statutory maximum; or
(b)on conviction on indictment to imprisonment for a term not exceeding two years, to a fine or to both.
(2) Aperson guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9, regulation 11 or regulation 16 is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) 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.
21. No prosecution for an offence under paragraph (8) of regulation 18 may be begun after the expiry of—
(a)three years from the commission of the offence; or
(b)one year from its discovery by the prosecutor,
whichever is the earlier.
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: