The Beef and Veal Labelling (Wales) Regulations 2011

Welsh Statutory Instruments

2011 No. 991 (W.145)

AGRICULTURE, WALES

The Beef and Veal Labelling (Wales) Regulations 2011

Made

29 March 2011

Laid before the National Assembly for Wales

30 March 2011

Coming into force

21 April 2011

The Welsh Ministers are designated M1 for the purposes of making Regulations under section 2(2) of the European Communities Act 1972 M2 in relation to food (including drink) including the primary production of food.

Having carried out the consultation required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety M3 , the Welsh Ministers make these Regulations in exercise of the powers in section 2(2) of the European Communities Act 1972.

Marginal Citations

M1 S.I. 2005/1971. By virtue of sections 59(1) and 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 c. 32 — functions conferred on the National Assembly for Wales are exercisable by the Welsh Ministers.

M2 1972 c. 68.

M3 OJ No L 31, 1.2.2002, p.1 as last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ No L 188. 18.7.2009, p.14).

Title, application, commencement and interpretation E+W

1.—(1) The title of these Regulations is the Beef and Veal Labelling (Wales) Regulations 2011.

(2) These Regulations apply in relation to Wales and come into force on 21 April 2011.

(3) In these Regulations—

“local authority” (“awdurdod lleol”) means in relation to an area the county council or county borough council for that area;

“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 1984 M4 , a port health authority for that district constituted by order under section 2(4) of that Act.

Marginal Citations

M4 1984 c. 22.

The competent authority E+W

2.—(1) The Welsh Ministers are the competent authority for the purposes of—

(a) Title II of Regulation (EC) No 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products M5 ;

(b) Commission Regulation (EC) No 1825/2000 laying down detailed rules for the application of Regulation (EC) No 1760/2000 M6 ;

[F1 (c) Article 78 of, and Part I of Annex VII to, the Regulation of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time;]

(d) Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less M7 .

Textual Amendments

F1 Reg. 2(1)(c) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 3(2)

Marginal Citations

M5 OJ No L 204, 11.8.2000, p 1 as last amended by Council Regulation (EC) No 1791/2006 (OJ No L 363, 20.12.2006, p.1).

M6 OJ No L 216, 26.8.2000, p 8 as last amended by Commission Regulation (EC) 275/2007 (OJ No L76, 16.3.2007, p.12)

M7 OJ No L 160, 19.6.2008, p.22.

The enforcement authorities E+W

3.—(1) In relation to retail supply these Regulations are enforced by the local authority.

(2) Otherwise these Regulations are enforced by the local authority, port health authority and Welsh Ministers.

Offences under European legislation E+W

4.—(1) Any person who fails to comply with any of the following provisions in EU legislation is guilty of an offence—

(a) the following provisions of Regulation (EC) No 1760/2000 of the European Parliament and the Council—

(i) Article 11 (requirement to label);

(ii) Article 13(1) (general rules);

(iii) Article 13(2) (indications on the label);

(iv) Article 13(5) (additional information on the label);

(v) Article 14 (labelling of minced beef);

(vi) Article 15 (beef from third countries);

(vii) Article 16(4) (voluntary labelling);

(viii) Article 17(1) (voluntary labelling of beef from third countries);

(b) the following provisions of Commission Regulation (EC) No 1825/2000—

(i) Article 1 (traceability);

(ii) Article 2 (labelling);

(iii) Article 4 (size and composition of a group);

(iv) Article 5(2) (minced beef);

(v) Article 5a (trimmings);

(vi) Article 5b (pre-packaged cut meat);

(vii) Article 5c (non-pre-packaged cut meat);

(viii) Article 6(3) (beef in small retail packages);

(ix) Article 7 (access to premises and records);

[F2 (c) The following provisions of the Regulation of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time—

(i) i)Article 78 and paragraph II of Part I of Annex VII (classification at the slaughterhouse);

(ii) Article 78 and paragraph III of Part I of Annex VII (sales descriptions);

(iii) Article 78 and paragraph IV of Part I of Annex VII (compulsory indication on the label);

(iv) Article 78 and paragraph V of Part I of Annex VII (recording).]

(d) the following provision of Commission Regulation (EC) No 566/2008—

(i) Article 4(1) (compulsory information on the label);

(ii) Article 4(2) (indication of age);

(iii) Article 5 (recording information).

(2) For the purposes of [F3 point IV(2) of Part I of Annex VII to the Regulation of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time], the required information must be displayed near the meat so as to allow the final consumer to readily identify the information which must be clearly legible.

(3) Records (including electronic records) must be retained for a period of 12 months from the end of the calendar year in which the record was made.

Textual Amendments

F2 Reg. 4(1)(c) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 3(3)

F3 Words in reg. 4(2) substituted (1.1.2014) by The Single Common Market Organisation (Consequential Amendments) (Wales) Regulations 2013 (S.I. 2013/3270), regs. 1(c), 3(4)

Notices E+W

5.—(1) Where beef or veal has been labelled and marketed in a manner that does not comply with these Regulations, an authorised officer of an enforcement authority may serve a notice on the person in possession of the beef or veal requiring–

(a) its immediate relabeling in accordance with these Regulations, or

(b) its immediate removal from sale until it is relabelled in accordance with these Regulations or otherwise disposed of,

and any person who fails to comply with that notice is guilty of an offence.

(2) A notice must state the right of appeal to a magistrates' court and the period within which the appeal may be brought.

(3) Any person who is aggrieved by a notice may appeal to a magistrates' court.

(4) The procedure is by way of complaint for an order, and the Magistrates' Court Act 1980 M8 applies to the proceedings.

(5) The period within which an appeal may be brought is one month from the date on which the notice was served.

(6) On an appeal the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.

(7) A person who is aggrieved by any decision of a magistrates' court on an appeal under this regulation may appeal to the Crown Court.

Marginal Citations

M8 1980 c. 43; sections 51 and 52 have been substituted by the Courts Act 2003 (c. 39), section 47.

Powers of entry E+W

6.—(1) An authorised officer of an enforcement authority may, on producing a duly authenticated authorisation if required, enter any premises at any reasonable hour for the purpose of ascertaining whether—

(a) there is or has been on the premises any contravention of these Regulations; or

(b) there is on the premises any evidence of any contravention of these Regulations.

(2) The officer may be accompanied by such other persons as the officer considers necessary, including any representative of the European Commission.

(3) If a justice of the peace, on sworn information in writing, is satisfied that there is reasonable ground for entry into any premises for any purpose in paragraph (1) and that—

(a) admission to the premises has been refused, or a refusal is anticipated, and that notice of the intention to apply for a warrant has been given to the occupier,

(b) an application for admission would defeat the object of the entry, or

(c) the premises are unoccupied or the occupier temporarily absent,

the justice may by signed warrant authorise an authorised officer to enter the premises, if need be by reasonable force.

(4) A warrant granted under this regulation continues in force for one month.

(5) An officer who enters any unoccupied premises must leave them as effectively secured against unauthorised entry as they were before entry.

Powers of authorised officers E+W

7.  An authorised officer of an enforcement authority entering any premises under these Regulations may–

(a) inspect any beef or veal present on those premises;

(b) take samples from any beef or veal on those premises and, if necessary, send the samples for testing;

(c) inspect any labels and relevant business records (including electronic records) that may be required as evidence in proceedings under these Regulations.

Obstruction E+W

8.  Any person who—

(a) intentionally obstructs any person acting in the execution of these Regulations,

(b) without reasonable cause, fails to give any person acting in execution of these Regulations any assistance or information that that person may reasonably require for the purpose of carrying out functions under these Regulations, or

(c) furnishes to any person acting in the execution of these Regulations any information knowing it to be false or misleading,

is guilty of an offence.

Offences by bodies corporate E+W

9.—(1) Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a) any director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) For the purposes of this regulation “director”, (“cyfarwyddwr”) in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

Penalties E+W

10.  A person guilty of an offence under these Regulations is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Revocation E+W

11.  The Beef Labelling (Enforcement) (Wales) Regulations 2001 M9 are revoked.

Marginal Citations

M9 S.I. 2001/1360 (W.88).

Elin Jones

Minister for Rural Affairs, one of the Welsh Ministers

Explanatory Note

(This note is not part of the Regulations)

These Regulations replace the Beef Labelling (Enforcement) (Wales) Regulations 2001 and now apply to the labelling of veal in addition to beef.

These Regulations continue to enforce Title II of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and related Commission Regulations. They also enforce the provisions, relating to meat of bovine animals aged 12 months or less, of Council Regulation (EC) No 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products as well as the provisions of Commission Regulation (EC) No 566/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing of the meat of bovine animals aged 12 months or less.

These Regulations also enforce Articles 5a, 5b and 5c of Commission Regulation (EC) No 1825/2000 (regulation 4(1)(b)) and provide rules for the provision of information for un-prepacked meat of bovine animals aged 12 months or less at the point of sale (regulation 4(2)).

The Regulations are enforced by the local authority, port health authority or Welsh Ministers in accordance with regulation 3.

Breach of the Regulations is an offence punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

A regulatory impact assessment has not been produced as no effect on the private or voluntary sectors is anticipated.