The Food Hygiene (Wales) (Amendment) (No. 2) Regulations 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply to Wales, amend the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W. 5)), as already amended) (“the 2006 Regulations”). The Regulations make provision about raw milk, and are therefore related to the requirements provided for by Section IX of Annex III to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No L 139, 30.04.2004, p 55).

Regulation 2 amends Schedule 6 to the 2006 Regulations so as to provide for the continuation in force in Wales of the requirement for the container in which raw milk is sold to be marked or labelled with a health warning. Where raw milk is not prepacked and is sold at a catering establishment, the health warning must appear on a label attached to the container or on a ticket or notice that is readily discernible at the place where the purchaser chooses that milk. Languages in addition to English may be used on the marking or label.

The current health warning requirement is provided for by regulation 31 of the Food Labelling Regulations 1996 (S.I. 1996/1499, as amended) (“the 1996 Regulations”). Regulation 31 of the 1996 Regulations will be revoked on 13 December 2014 by regulation 13 of, and Part 1 of Schedule 6 to, the Food Information (Wales) Regulations 2014 (S.I. 2014/2303 (W. 227)).

Regulation 2 of these Regulations also provides that any person who sells raw milk in contravention of the health warning requirements is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.