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PART 5E+WEnforcement and miscellaneous provisions

EnforcementE+W

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

Commencement Information

I1Reg. 18 in force at 3.8.2015, see reg. 1(2)

[F1Methods of analysisE+W

18A.  In carrying out its obligations under regulation 18, a food authority must, whenever possible, use a method of analysis approved by the Codex Alimentarius, or another internationally recognised validated method of analysis, to verify compliance with the provisions of these Regulations.]

Textual Amendments

Application and modification of provisions of the ActE+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

I2Reg. 19 in force at 3.8.2015, see reg. 1(2)

RevocationsE+W

20.—(1) The following are revoked—

(a)the Honey (Wales) Regulations 2003(1);

(b)the Honey (Wales) (Amendment) Regulations 2005(2); and

(c)the Honey (Wales) (Amendment) Regulations 2008(3).

(2) In the Food Information (Wales) Regulations 2014(4) 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

I3Reg. 20 in force at 3.8.2015, see reg. 1(2)

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

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

Commencement Information

I4Reg. 21 in force at 3.8.2015, see reg. 1(2)

Transitional provisionE+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

I5Reg. 22 in force at 3.8.2015, see reg. 1(2)

[F2Transitional provisions: withdrawal from the EUE+W

23.—(1) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with regulation 17(1) if—

(a)the improvement notice would relate to a product that was placed on the market before IP completion day; and

(b)the matter constituting the alleged contravention would not have constituted an offence under regulation 17(1) as that provision had effect immediately before IP completion day.

(2) An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with regulation 17(1) if—

(a)the improvement notice would relate to a product that was placed on the market [F3before 1 January 2024];

(b)the product bears one of the indications provided for in regulation 17(1) as that provision had effect immediately before IP completion day;

(c)had the product been placed on the market immediately before IP completion day, the use of the indication would not have constituted a contravention of regulation 17(1) as that provision had effect immediately before IP completion day; and

(d)the indication is accurate in identifying the EU, non-EU or EU and non-EU origins, as the case may be, of the honeys in the product.

(3) In this regulation, “improvement notice” means an improvement notice pursuant to regulation 19.]

Textual Amendments