The Contaminants in Food (Wales) Regulations 2013

PART 1 Introductory

Title, application and commencement

1.—(1) The title of these Regulations is the Contaminants in Food (Wales) Regulations 2013.

(2) These Regulations apply in relation to Wales and they come into force on 31 October 2013.

Interpretation

2.—(1) In these Regulations —

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

“Directive 76/621” (“Cyfarwyddeb 76/621”) means Council Directive 76/621/EEC relating to the fixing of the maximum level of erucic acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils or fats(1);

“Directive 80/891” (“Cyfarwyddeb 80/891”) means Commission Directive 80/891/EEC relating to the Community method of analysis for determining the erucic acid content in oils and fats intended to be used as such for human consumption and in foodstuffs containing added oils or fats(2);

“Regulation 1881/2006” (“Rheoliad 1881/2006”) means Commission

Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs(3);

“Regulation 629/2008” (“Rheoliad 629/2008”) means Commission Regulation (EC) No. 629/2008 amending Regulation (EC) No 1881/2006 setting maximum levels for certain contaminants in foodstuffs(4);

“Regulation 124/2009” (“Rheoliad 124/2009”) means Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonstats in food resulting from the unavoidable carry-over of these substances in non-target feed(5);

“Regulation 165/2010” (“Rheoliad 165/2010”) means Commission Regulation (EU) No. 165/2010 amending Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs as regards aflatoxins(6);

“authorised officer” (“swyddog awdurdodedig”) means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations;

“food authority” (“awdurdod bwyd”) has the meaning given by section 5(1A) of the Act.

(2) Any other expression used in these Regulations and in Directive 76/621, Directive 80/891, Regulation 1881/2006 or Regulation 124/2009 has the same meaning in these Regulations as it bears in the Directive or Regulation concerned.

(3) Any reference to an Article of or Annex to Directive 76/621, Directive 80/891, Regulation 1881/2006 or Regulation 124/2009 is a reference to that Article or Annex as it may be amended from time to time, and any reference to any of those Directives or Regulations is to be construed accordingly.

(4) Where any functions under the Act are assigned —

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(7), to a port health authority; or

(b) by an order under section 6 of the Public Health Act 1936(8), to a joint board for a united district;

any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the authority to which they are so assigned.

(1)

OJ No. L202, 28.7.1976, p.35. This Directive was last amended by Council Regulation (EC) No. 807/2003 (OJ No. L122, 16.5.2003, p.36).

(2)

OJ No. L254, 27.9.1980, p.35.

(3)

OJ No. L364, 20.12.2006, p.5. This Regulation has been amended by Commission Regulations (EC) No’s 1126/2007 (OJ No. L255, 29.9.2007, p.14), 565/2008 (OJ No. L160, 19.6.2008, p.20), 629/2008 (OJ No. L173, 3.7.2008, p.6), and by Commission Regulations (EU) No’s 105/2010 (OJ No.L35, 6.2.2010, p.7), 165/2010 (OJ No. L50, 27.2.2010, p.8), 420/2011 (OJ No. L111, 30.4.2011, p.3), 835/2011 (OJ No. L215, 20.8.2011, p.4), 1258/2011 (OJ No. L320, 3.12.2011, p.15), 1259/2011 (OJ No. L320, 3.12.2011, p.18), 594/2012 (OJ No. L176, 6.7.2012, p.43) and 1058/2012 (OJ No. L313, 13.11.2012, p.14).

(4)

OJ No. L173, 3.7.2008, p.6.

(5)

OJ No. L40, 11.2.2009, p.7. This Regulation has been amended by Commission Regulation (EU) No. 610/2012 (OJ No. L178, 10.7.2012, p.1).

(6)

OJ No. L50, 27.2.2010, p.8.

(7)

1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990.

(8)

1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.