The Honey (Wales) Regulations 2015

PART 1 E+W Introduction

Title, commencement and application E+W

1.—(1) The title of these Regulations is the Honey (Wales) Regulations 2015.

(2) These Regulations come into force on 3 August 2015 and apply in relation to Wales.

Commencement Information

I1 Reg. 1 in force at 3.8.2015, see reg. 1(2)

Definition of “honey” and different types of honey E+W

2.—(1) In these Regulations “honey” (“mêl”) means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

(2) In these Regulations—

“baker’s honey” (“mêl pobydd”) means honey that is suitable for industrial use or as an ingredient in another foodstuff which is then processed;

“blossom honey” (“mêl blodau”) and “nectar honey” (“mêl neithdar”) mean honeys obtained from the nectar of plants;

“chunk honey” (“mêl talpiau”) and “cut comb in honey” (“diliau wedi eu torri mewn mêl”) mean honeys which contain one or more pieces of comb honey;

“comb honey” (“mêl diliau”) means honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;

“drained honey” (“mêl wedi ei ddraenio”) means honey obtained by draining de-capped broodless combs;

“extracted honey” (“mêl wedi ei echdynnu”) means honey obtained by centrifuging de-capped broodless combs;

“filtered honey” (“mêl wedi ei hidlo”) means honey obtained by removing foreign inorganic or organic matters in such a way as to result in the significant removal of pollen;

“honeydew honey” (“mêl melwlith”) means honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants;

“pressed honey” (“mêl wedi ei wasgu”) means honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45° Celsius.

Commencement Information

I2 Reg. 2 in force at 3.8.2015, see reg. 1(2)

General interpretation E+W

3.—(1) In these Regulations—

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

“bulk containers” (“cynwysyddion swmpus”) has the same meaning as in Article 3 of the Honey Directive;

“FIC” (“FIC”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(1);

“food authority” (“awdurdod bwyd”) means—

(a)

a county council;

(b)

a county borough council;

“the Honey Directive” (“y Gyfarwyddeb Mêl”) means Council Directive 2001/110/EC relating to honey(2);

“ingredient” (“cynhwysyn”) has the meaning given in Article 2(2)(f) of FIC, as read with Article 2(5) of the Honey Directive;

“in trade” (“mewn masnach”) has the same meaning as in the Honey Directive and “trade in” and “trading in” are to be construed accordingly;

“label” (“label”) has the meaning given in Article 2(2)(i) of FIC;

“packs” (“pecynnau”) has the same meaning as in Article 3 of the Honey Directive;

“trade documents” (“dogfennau masnach”) has the same meaning as in Article 3 of the Honey Directive;

“specific quality criteria” (“meini prawf ansawdd penodol”) has the same meaning as in the third indented paragraph of paragraph (b) of the second sub-paragraph of point 2 of Article 2 of the Honey Directive.

(2) Any other expression used in both these Regulations and in the Honey Directive has the same meaning in these Regulations as in that Directive.

Commencement Information

I3 Reg. 3 in force at 3.8.2015, see reg. 1(2)

Limited scope of specified provisions E+W

4.—(1) The following provisions only apply in relation to a product intended for supply to a final consumer or mass caterer—

(a) Part 2, except for regulations 14(4) and 15(4) and (5);

(b) regulation 16(1) and (2);

(c) Part 4.

(2) Regulation 16(3) and (4) only apply where the products intended for human consumption specified in those paragraphs (the products to which honey is added as an ingredient) are intended for supply to a final consumer or mass caterer.

(3) In this regulation—

“final consumer” (“defnyddiwr terfynol”) has the meaning given in point 18 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3);

“mass caterer” (“arlwywr mawr”) has the meaning given in Article 2(2)(d) of FIC.

Commencement Information

I4 Reg. 4 in force at 3.8.2015, see reg. 1(2)

Application of requirements relating to product names E+W

5.  Where two or more provisions of these Regulations apply in determining the name to be used in respect of a particular honey, a person trading in that honey must use a name or combination name which complies with the requirements of each of those provisions.

Commencement Information

I5 Reg. 5 in force at 3.8.2015, see reg. 1(2)

PART 2 E+W Product names and descriptions

Honey E+W

6.—(1) A person trading in a honey, except a honey to which paragraph (2) applies, must use the name “honey” in trade as the name of the product.

(2) This paragraph applies to—

(a) baker’s honey;

(b) comb honey;

(c) drained honey;

(d) extracted honey;

(e) filtered honey;

(f) honeydew honey;

(g) honey that contains one or more pieces of comb honey (chunk honey and cut comb in honey);

(h) honey that is obtained from the nectar of plants (blossom honey and nectar honey); and

(i) pressed honey.

(3) A person must not use the name “honey”, “mêl”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honey.

(4) Nothing in paragraph (1) prevents a person trading in a honey to which paragraph (2) applies from using the name “mêl” in addition to the name “honey”.

(5) Nothing in paragraphs (1) or (4) prevents the name “honey” from being in any other language in addition to Welsh and English.

Commencement Information

I6 Reg. 6 in force at 3.8.2015, see reg. 1(2)

Blossom honey and nectar honey E+W

7.—(1) A person trading in honey obtained from the nectar of plants must use the name “honey”, “blossom honey” or “nectar honey” in trade as the name of the product.

(2) A person must not use the name “blossom honey”, “mêl blodau”, “nectar honey”, “mêl neithdar”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honey obtained from the nectar of plants.

(3) Nothing in paragraph (1) prevents a person trading in honey obtained from the nectar of plants from using the name “mêl”, “mêl blodau” or “mêl neithdar” in addition to, respectively, the name “honey”, “blossom honey” or “nectar honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “honey”, “blossom honey” or “nectar honey” from being in any other language in addition to Welsh and English.

Commencement Information

I7 Reg. 7 in force at 3.8.2015, see reg. 1(2)

Honeydew honey E+W

8.—(1) A person trading in a honeydew honey must use the name “honey” or “honeydew honey” in trade as the name of the product.

(2) A person must not use the name “honeydew honey”, “mêl melwlith”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honeydew honey.

(3) Nothing in paragraph (1) prevents a person trading in a honeydew honey from using the name “mêl” or “mêl melwlith” in addition to the name “honey” or “honeydew honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “honeydew honey” from being in any other language in addition to Welsh and English.

Commencement Information

I8 Reg. 8 in force at 3.8.2015, see reg. 1(2)

Comb honey E+W

9.—(1) A person trading in a comb honey must use the name “comb honey” in trade as the name of the product.

(2) A person must not use the name “comb honey”, “mêl diliau”, or the equivalent name in any other language, in trade, as the name of a product if the product is not comb honey.

(3) Nothing in paragraph (1) prevents a person trading in a comb honey from using the name “mêl diliau” in addition to the name “comb honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “comb honey” from being in any other language in addition to Welsh and English.

Commencement Information

I9 Reg. 9 in force at 3.8.2015, see reg. 1(2)

Chunk honey and cut comb in honey E+W

10.—(1) A person trading in a honey that contains one or more pieces of comb honey must use the name “chunk honey” or “cut comb in honey” in trade as the name of the product.

(2) A person must not use the name “chunk honey”, “mêl talpiau”, “cut comb in honey”, “diliau wedi eu torri mewn mêl”, or the equivalent name in any other language, in trade, as the name of a product if the product does not contain one or more pieces of comb honey.

(3) Nothing in paragraph (1) prevents a person trading in a honey that contains one or more pieces of comb honey from using the name “mêl talpiau” or “diliau wedi eu torri mewn mêl” in addition to, respectively, the name “chunk honey” or “cut comb in honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “chunk honey” or “cut comb in honey” from being in any other language in addition to Welsh and English.

Commencement Information

I10 Reg. 10 in force at 3.8.2015, see reg. 1(2)

Drained honey E+W

11.—(1) A person trading in drained honey must use the name “honey” or “drained honey” in trade as the name of the product.

(2) A person must not use the name “drained honey”, “mêl wedi ei ddraenio”, or the equivalent name in any other language, in trade, as the name of a product if the product is not drained honey.

(3) Nothing in paragraph (1) prevents a person trading in drained honey from using the name “mêl” or “mêl wedi ei ddraenio” in addition to the name “honey” or “drained honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “drained honey” from being in any other language in addition to Welsh and English.

Commencement Information

I11 Reg. 11 in force at 3.8.2015, see reg. 1(2)

Extracted honey E+W

12.—(1) A person trading in extracted honey must use the name “honey” or “extracted honey” in trade as the name of the product.

(2) A person must not use the name “extracted honey”, “mêl wedi ei echdynnu”, or the equivalent name in any other language, in trade, as the name of a product if the product is not extracted honey.

(3) Nothing in paragraph (1) prevents a person trading in extracted honey from using the name “mêl” or “mêl wedi ei echdynnu” in addition to the name “honey” or “extracted honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “extracted honey” from being in any other language in addition to Welsh and English.

Commencement Information

I12 Reg. 12 in force at 3.8.2015, see reg. 1(2)

Pressed honey E+W

13.—(1) A person trading in pressed honey must use the name “honey” or “pressed honey” in trade as the name of the product.

(2) A person must not use the name “pressed honey”, “mêl wedi ei wasgu”, or the equivalent name in any other language, in trade, as the name of a product if the product is not pressed honey.

(3) Nothing in paragraph (1) prevents a person trading in pressed honey from using the name “mêl” or “mêl wedi ei wasgu” in addition to the name “honey” or “pressed honey”.

(4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “pressed honey” from being in any other language in addition to Welsh and English.

Commencement Information

I13 Reg. 13 in force at 3.8.2015, see reg. 1(2)

Filtered honey E+W

14.—(1) A person trading in filtered honey must use the name “filtered honey” in trade as the name of the product.

(2) A person must not use the name “filtered honey”, “mêl wedi ei hidlo”, or the equivalent name in any other language, in trade, as the name of a product if the product is not filtered honey.

(3) A person trading in filtered honey must not provide information relating to the floral, vegetable, regional, territorial or topographical origin of the product or specific quality criteria for the product.

(4) A person must not trade in filtered honey in bulk containers or packs unless the product name “filtered honey” is clearly indicated—

(a) on those containers and packs; and

(b) on the trade documents relating to the product.

(5) Nothing in paragraph (1) prevents a person trading in filtered honey from using the name “mêl wedi ei hidlo” in addition to the name “filtered honey”.

(6) Nothing in paragraph (4) prevents the product name “mêl wedi ei hidlo” from being indicated on the bulk containers and packs and on the trade documents relating to the product in addition to the name “filtered honey”.

(7) Nothing in paragraphs (1), (4), (5) or (6) prevents the name “filtered honey” from being in any other language in addition to Welsh and English.

Commencement Information

I14 Reg. 14 in force at 3.8.2015, see reg. 1(2)

Baker’s honey E+W

15.—(1) A person trading in baker’s honey must use the name “baker’s honey” in trade as the name of the product.

(2) A person must not use the name “baker’s honey”, “mêl pobydd”, or the equivalent name in any other language, in trade, as the name of a product if the product is not baker’s honey.

(3) A person trading in baker’s honey must not provide information relating to the floral, vegetable, regional, territorial or topographical origin of the product or specific quality criteria for the product.

(4) A person must not trade in baker’s honey unless the words “intended for cooking only” appear on the label of the product in close proximity to the product name.

(5) A person must not trade in baker’s honey in bulk containers or packs unless the product name “baker’s honey” is clearly indicated—

(a) on those containers and packs; and

(b) on the trade documents relating to the product.

(6) Where baker’s honey is used as an ingredient in a compound foodstuff, the product name “honey” may be used, in trade, in the product name of the compound foodstuff instead of “baker’s honey”.

(7) Where baker’s honey is used as an ingredient in a compound foodstuff and the name “honey” is used in the product name of the compound foodstuff, a person must not trade in that foodstuff unless the list of ingredients for that foodstuff identifies that honey ingredient using the name “baker’s honey”.

(8) Nothing in paragraph (1) prevents a person trading in baker’s honey from using the name “mêl pobydd” in addition to the name “baker’s honey”.

(9) Nothing in paragraph (4) prevents the words “wedi ei fwriadu ar gyfer coginio yn unig” from appearing on the label of the product in addition to the words “intended for cooking only”.

(10) Nothing in paragraph (5) prevents the product name “mêl pobydd” from being indicated on the bulk containers and packs and on the trade documents relating to the product in addition to the name “baker’s honey”.

(11) Where baker’s honey is used as an ingredient in a compound foodstuff, nothing in paragraph (6) prevents the product name “mêl” from being used, in trade, in the product name of the compound foodstuff, in addition to the product name “honey”.

(12) Nothing in paragraph (7) prevents the name “mêl pobydd” from being indicated on the list of ingredients in addition to the name “baker’s honey”.

(13) Nothing in paragraphs (1), (4), (5), (6), (8), (9), (10), (11) or (12) prevents the relevant names and words from being in any other language in addition to Welsh and English.

Commencement Information

I15 Reg. 15 in force at 3.8.2015, see reg. 1(2)

PART 3 E+W Compositional requirements

Compositional requirements E+W

16.—(1) A person must not place any product on the market as “honey”, “mêl”, or the equivalent name in any other language, unless it meets the appropriate compositional criteria for “honey” specified in Schedule 1.

(2) A person must not place any product on the market using a product name listed in paragraph (5) unless it meets the appropriate compositional criteria for that type of honey specified in Schedule 1.

(3) A person must not use a product (“the honey ingredient”) (“y cynhwysyn mêl”) as “honey”, “mêl”, or the equivalent name in any other language, in a product intended to be placed on the market for human consumption unless the honey ingredient meets the appropriate compositional criteria for “honey” specified in Schedule 1.

(4) A person must not use a product (“the honey ingredient”) (“y cynhwysyn mêl”) as honey of a type listed in paragraph (5) in a product intended to be placed on the market for human consumption unless the honey ingredient meets the appropriate compositional criteria for that type of honey specified in Schedule 1.

(5) The product names and types of honey are—

(a) baker’s honey;

(b) blossom honey;

(c) chunk honey;

(d) comb honey;

(e) cut comb in honey;

(f) drained honey;

(g) extracted honey;

(h) filtered honey;

(i) honeydew honey;

(j) nectar honey;

(k) pressed honey.

Commencement Information

I16 Reg. 16 in force at 3.8.2015, see reg. 1(2)

PART 4 E+W Additional labelling requirements

Additional labelling requirements E+W

17.—(1) No person may trade in honey unless the country of origin where the honey has been harvested is indicated on the label except that, if the honey originates in more than one member State or third country, the countries of origin may be replaced with one of the following indications as appropriate—

“blend of EU honeys”;

“blend of non-EU honeys”;

“blend of EU and non-EU honeys”.

(2) In paragraphs (3) to (5), “relevant honey” (“mêl perthnasol”) means all honey except for baker’s honey and filtered honey.

(3) The product name of a relevant honey may be supplemented by information relating to its floral or vegetable origin but no person may trade in a relevant honey for which such supplemental information is provided unless the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source.

(4) The product name of a relevant honey may be supplemented by information relating to its regional, territorial or topographical origin but no person may trade in a relevant honey for which such supplemental information is provided unless the product comes entirely from the indicated origin.

(5) The product name of a relevant honey may be supplemented by information relating to its specific quality criteria.

(6) In addition to the wording that is indicated on the label by virtue of paragraph (1), the following indications may be included as appropriate—

“cyfuniad o felau o’r UE”;

“cyfuniad o felau o’r tu allan i’r UE”; or

“cyfuniad o felau o’r UE ac o’r tu allan i’r UE”.

(7) Nothing in paragraphs (1) or (6) prevents the words that may be included by virtue of paragraph (1) from being included in any other language in addition to Welsh and English.

Commencement Information

I17 Reg. 17 in force at 3.8.2015, see reg. 1(2)

PART 5 E+W Enforcement and miscellaneous provisions

Enforcement E+W

18.  Each food authority must enforce and execute these Regulations in its area.

Commencement Information

I18 Reg. 18 in force at 3.8.2015, see reg. 1(2)

Application and modification of provisions of the Act E+W

19.  The provisions of the Act specified in column 1 of the table in Schedule 2 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Commencement Information

I19 Reg. 19 in force at 3.8.2015, see reg. 1(2)

Revocations E+W

20.—(1) The following are revoked—

(a) the Honey (Wales) Regulations 2003(4);

(b) the Honey (Wales) (Amendment) Regulations 2005(5); and

(c) the Honey (Wales) (Amendment) Regulations 2008(6).

(2) In the Food Information (Wales) Regulations 2014(7) the following provisions are omitted—

(a) entry 13 of the table in Part 1 of Schedule 6; and

(b) paragraphs 32 to 34 of Schedule 7.

Commencement Information

I20 Reg. 20 in force at 3.8.2015, see reg. 1(2)

Amendment of the Food Information (Wales) Regulations 2014 E+W

21.  Schedule 3 (amendment of the Food Information (Wales) Regulations 2014) has effect.

Commencement Information

I21 Reg. 21 in force at 3.8.2015, see reg. 1(2)

Transitional provision E+W

22.  An authorised officer of a food authority must not serve an improvement notice under section 10(1) of the Act, as applied and modified by regulation 19, as read with Schedule 2, if—

(a) the improvement notice would relate to a product that was placed on the market or labelled before 3 August 2015; and

(b) the matters constituting the alleged contravention would not have constituted an offence under the Honey (Wales) Regulations 2003 as they applied immediately before 3 August 2015.

Commencement Information

I22 Reg. 22 in force at 3.8.2015, see reg. 1(2)

Vaughan Gething

Deputy Minster for Health, one of the Welsh Ministers