- Latest available (Revised) - English
- Latest available (Revised) - Welsh
- Point in Time (02/08/2016)
- Original (As made) - English
- Original (As made) - Welsh
Version Superseded: 22/02/2019
Point in time view as at 02/08/2016.
There are currently no known outstanding effects for the The Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Regulation 2(1)
Commencement Information
I1Sch. 1 in force at 2.8.2016, see reg. 1(3)
Column 1 Specified provision of the EU Regulation | Column 2 Provisions to be read with the specified provision of the EU Regulation |
---|---|
Article 4(2) (requirement for relevant food to be pre-packed) | Articles 1(1) and 4(1) |
Article 9(1) (requirement for the composition of food to be nutritionally appropriate and suitable) | Articles 1(1), 4(1) and 9(3) |
Article 9(2) (prohibition on substances in dangerous quantities) | Articles 1(1) and 4(1) |
Article 9(5) (requirements as to labelling, presentation and advertising of relevant food) | Articles 1(1), 4(1) and 9(6) |
Article 10 (additional requirements for infant formula and follow-on formula) | Article 4(1) |
Regulation 4(1)
1. For section 10(1) (improvement notices) substitute—E+W
“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a specified EU requirement, or has placed food on the market that does not comply with a specified EU requirement, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for believing that the person is failing to comply, or as the case may be, that the food does not comply with the specified EU requirement;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
Commencement Information
I2Sch. 2 para. 1 in force at 2.8.2016, see reg. 1(3)
2. Section 10(3) does not apply.E+W
Commencement Information
I3Sch. 2 para. 2 in force at 2.8.2016, see reg. 1(3)
3. After section 10(3) insert—E+W
“(4) In this section “specified EU requirement” has the meaning given to that term in regulation 2(1) of the Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016.”
Commencement Information
I4Sch. 2 para. 3 in force at 2.8.2016, see reg. 1(3)
Regulation 4(2)
4. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—E+W
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of a specified EU requirement; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of such a requirement;”.
Commencement Information
I5Sch. 2 para. 4 in force at 2.8.2016, see reg. 1(3)
5. Section 32(9) does not apply.E+W
Commencement Information
I6Sch. 2 para. 5 in force at 2.8.2016, see reg. 1(3)
6. After section 32(9) insert—E+W
“(10) In this section “specified EU requirement” has the meaning given to that term in regulation 2(1) of the Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016.”
Commencement Information
I7Sch. 2 para. 6 in force at 2.8.2016, see reg. 1(3)
Regulation 4(3)
7. In section 35 (punishment of offences), after subsection (1) insert—E+W
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 4(1) of the Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016, is liable, on summary conviction, to a fine.”
Commencement Information
I8Sch. 2 para. 7 in force at 2.8.2016, see reg. 1(3)
Regulation 4(4)
8. For section 37(1) (appeals) substitute—E+W
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 4(1) of, and Part 1 of Schedule 2 to, the Food for Specific Groups (Information and Compositional Requirements) (Wales) Regulations 2016, may appeal to the magistrates’ court.”
Commencement Information
I9Sch. 2 para. 8 in force at 2.8.2016, see reg. 1(3)
9. For section 37(5) substitute—E+W
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
Commencement Information
I10Sch. 2 para. 9 in force at 2.8.2016, see reg. 1(3)
10. In section 37(6)—E+W
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
Commencement Information
I11Sch. 2 para. 10 in force at 2.8.2016, see reg. 1(3)
Regulation 4(5)
11. In section 39(3) (appeals against improvement notices) omit “for want of prosecution”.E+W
Commencement Information
I12Sch. 2 para. 11 in force at 2.8.2016, see reg. 1(3)
Regulation 6
1. The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(1) are amended as follows—
(a)in regulation 1(2) for the definition of “relevant food” substitute—
““relevant food” means specially formulated food intended for use in energy-restricted diets for weight reduction, being food which complies with the compositional requirements in Schedule 1 and which, when used as instructed by the manufacturer, replaces the whole of the total daily diet;”;
(b)for regulation 2 substitute—
2.—(1) No person shall sell any relevant food under any name other than “total diet replacement for weight control” in the case of products intended as a replacement for the whole of the daily diet.
(2) No person shall sell any food in the labelling of which the name “total diet replacement for weight control” is used unless that food is relevant food.
(3) Nothing in paragraph (1) prevents the use of the words “amnewidiad deiet cyflawn ar gyfer rheoli pwysau” in addition to the words “total diet replacement for weight control”.
(4) Nothing in paragraphs (1) or (3) prevents the use of equivalent words in any other language in addition to Welsh and English.”;
(c)in regulation 3(e) insert “and” after “adequate daily fluid intake;”;
(d)in regulation 3(f) for “medical advice; and” substitute “medical advice.”;
(e)omit regulation 3(g);
(f)in regulation 5 for “regulation 2(1)(a)” substitute “regulation 2(1)”;
(g)after regulation 6, insert—
6A.—(1) Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 3, for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with any of the requirements specified in regulation 2; and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Section 32(1) to (8) of the Act (powers of entry) applies, with the modification (in the case of section 32(1)) specified in Part 2 of Schedule 3, for the purposes of enabling an authorised officer of an enforcement authority—
(a)to exercise a power of entry to ascertain whether food that does not comply with one or more of the requirements specified in regulation 2 is, or has been, sold; and
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of regulation 2.
(3) Section 35 of the Act (punishment of offences) applies, with the modification specified in Part 3 of Schedule 3, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).
(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies, with the modification (in the case of section 37(1), (5) and (6)) specified in Part 4 of Schedule 3, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(5) Section 39 of the Act (appeals against improvement notices) applies, with the modification (in the case of section 39(3)) specified in Part 5 of Schedule 3, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).”;
(h)Schedule 1 is amended as follows—
(i)in paragraph 1.1 for “regulation 2(1)(a)” substitute “regulation 2(1)”;
(ii)omit paragraph 1.2;
(iii)in paragraph 2.1 for “regulation 2(1)(a) and (b)” substitute “regulation 2(1)”, and for “regulation 2(1)(a)” substitute “regulation 2(1)”;
(iv)in paragraph 3.2 for “regulation 2(1)(a)” substitute “regulation 2(1)”;
(v)omit paragraph 3.3;
(vi)in paragraph 4 for “regulation 2(1)(a)” substitute “regulation 2(1)”;
(vii)in paragraph 5.1 for “regulation 2(1)(a)” substitute “regulation 2(1)”; and
(viii)omit paragraph 5.2; and
(i)after Schedule 2, insert—
Regulation 6A
1. For section 10(1) (improvement notices) substitute—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 2 of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 2 of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. In section 35 (punishment of offences), after subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 6A(1) of the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997, is liable, on summary conviction, to a fine.”
4. For section 37(1) (appeals) substitute—
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 6A(1) of, and Part 1 of Schedule 3 to, the Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997, may apply to the magistrates’ court.”
5. For section 37(5) substitute—
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
6. In section 37(6)—
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
7. In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.”
Commencement Information
I13Sch. 3 para. 1 in force at 2.8.2016, see reg. 1(3)
2. The Medical Food (Wales) Regulations 2000(2) are amended as follows—
(a)in regulation 2, at the end of the definition of “sell”, insert “, and “sold” (“cael ei werthu”) is to be construed accordingly”;
(b)after regulation 5, insert—
5A.—(1) Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of the Schedule, for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with regulation 3(1); and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Section 32(1) to (8) of the Act (powers of entry) applies, with the modification (in the case of section 32(1)) specified in Part 2 of the Schedule, for the purposes of enabling an authorised officer of an enforcement authority—
(a)to exercise a power of entry to ascertain whether food that does not comply with the requirements of regulation 3(1) is, or has been, sold; and
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of regulation 3(1).
(3) Section 35 of the Act (punishment of offences) applies, with the modification specified in Part 3 of the Schedule, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).
(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies, with the modification (in the case of section 37(1), (5) and (6)) specified in Part 4 of the Schedule, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(5) Section 39 of the Act (appeals against improvement notices) applies, with the modification (in the case of section 39(3)) specified in Part 5 of the Schedule, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).”; and
(c)at the end of the Regulations, insert—
Regulation 5A
1. For section 10(1) (improvement notices) substitute—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 3(1) of the Medical Food (Wales) Regulations 2000, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 3(1) of the Medical Food (Wales) Regulations 2000; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. In section 35 (punishment of offences), after subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 5A(1) of the Medical Food (Wales) Regulations 2000, is liable, on summary conviction, to a fine.”
4. For section 37(1) (appeals) substitute—
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 5A(1) of, and Part 1 of the Schedule to, the Medical Food (Wales) Regulations 2000, may apply to the magistrates’ court.”
5. For section 37(5) substitute—
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
6. In section 37(6)—
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
7. In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.”
Commencement Information
I14Sch. 3 para. 2 in force at 2.8.2016, see reg. 1(3)
3. The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004(3) are amended as follows—
(a)in regulation 2(1), in the definition of “sell”, after the words “advertise for sale”, insert “, and “sold” (“cael ei werthu”) is to be construed accordingly”;
(b)after regulation 10, insert—
10A.—(1) Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 9, for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with any of the requirements specified in regulation 4; and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Section 32(1) to (8) of the Act (powers of entry) applies, with the modification (in the case of section 32(1)) specified in Part 2 of Schedule 9, for the purposes of enabling an authorised officer of an enforcement authority—
(a)to exercise a power of entry to ascertain whether food that does not comply with one or more of the requirements specified in regulation 4 is, or has been, sold; and
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of regulation 4.
(3) Section 35 of the Act (punishment of offences) applies, with the modification specified in Part 3 of Schedule 9, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).
(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies, with the modification (in the case of section 37(1), (5) and (6)) specified in Part 4 of Schedule 9, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(5) Section 39 of the Act (appeals against improvement notices) applies, with the modification (in the case of section 39(3)) specified in Part 5 of Schedule 9, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).”; and
(c)after Schedule 8, insert—
Regulation 10A
1. For section 10(1) (improvement notices) substitute—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 4 of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. In section 35 (punishment of offences), after subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 10A(1) of the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, is liable, on summary conviction, to a fine.”
4. For section 37(1) (appeals) substitute—
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 10A(1) of, and Part 1 of Schedule 9 to, the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004, may apply to the magistrates’ court.”
5. For section 37(5) substitute—
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
6. In section 37(6)—
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
7. In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.”
Commencement Information
I15Sch. 3 para. 3 in force at 2.8.2016, see reg. 1(3)
4. The Infant Formula and Follow-on Formula (Wales) Regulations 2007(4) are amended as follows—
(a)in regulation 28, for “24, 25, 26 or 27”, substitute “24 or 25”;
(b)after regulation 28, insert—
28A.—(1) Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of the Schedule, for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with any of the requirements specified in regulation 3(1) and (2); and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Section 32(1) to (8) of the Act (powers of entry) applies, with the modification (in the case of section 32(1)) specified in Part 2 of the Schedule, for the purposes of enabling an authorised officer of an enforcement authority—
(a)to exercise a power of entry to ascertain whether food that does not comply with the requirements of regulation 3 is, or has been, sold; and
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of regulation 3.
(3) Section 35 of the Act (punishment of offences) applies, with the modification specified in Part 3 of the Schedule, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).
(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies, with the modification (in the case of section 37(1), (5) and (6)) specified in Part 4 of the Schedule, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(5) Section 39 of the Act (appeals against improvement notices) applies, with the modification (in the case of section 39(3)) specified in Part 5 of the Schedule, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).”; and
(c)at the end of the Regulations, insert—
Regulation 28A
1. For section 10(1) (improvement notices) substitute—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with regulation 3 of the Infant Formula and Follow-on Formula (Wales) Regulations 2007, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of regulation 3 of the Infant Formula and Follow-on Formula (Wales) Regulations 2007; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. In section 35 (punishment of offences), after subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 28A(1) of the Infant Formula and Follow-on Formula (Wales) Regulations 2007, is liable, on summary conviction, to a fine.”
4. For section 37(1) (appeals) substitute—
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 28A(1) of, and Part 1 of the Schedule to, the Infant Formula and Follow-on Formula (Wales) Regulations 2007, may apply to the magistrates’ court.”
5. For section 37(5) substitute—
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
6. In section 37(6)—
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
7. In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.”
Commencement Information
I16Sch. 3 para. 4 in force at 2.8.2016, see reg. 1(3)
5. The Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009(5) are amended as follows—
(a)after regulation 3, insert—
3A.—(1) Section 10(1) and (2) of the Act (improvement notices) applies, with the modification (in the case of section 10(1)) specified in Part 1 of Schedule 2, for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to secure compliance with the specified provisions contained in Schedule 1; and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2) Section 32(1) to (8) of the Act (powers of entry) applies, with the modification (in the case of section 32(1)) specified in Part 2 of Schedule 2, for the purposes of enabling an authorised officer of an enforcement authority—
(a)to exercise a power of entry to ascertain whether food that does not comply with one or more of the specified provisions contained in Schedule 1 is, or has been, sold; and
(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of the specified provisions contained in Schedule 1.
(3) Section 35 of the Act (punishment of offences) applies, with the modification specified in Part 3 of Schedule 2, for the purpose of specifying the punishment of an offence committed under paragraph (1)(b).
(4) Section 37(1), (3), (5) and (6) of the Act (appeals) applies, with the modification (in the case of section 37(1), (5) and (6)) specified in Part 4 of Schedule 2, for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.
(5) Section 39 of the Act (appeals against improvement notices) applies, with the modification (in the case of section 39(3)) specified in Part 5 of Schedule 2, for the purpose of dealing with appeals against a decision to serve a notice referred to in paragraph (1)(a).”;
(b)in the title of the Schedule, in place of “The Schedule” substitute “Schedule 1”;
(c)for the shoulder note to Schedule 1 substitute “Regulations 2(1), 3(1), and 3A(1) and (2)”; and
(d)after Schedule 1, insert—
Regulation 3A
1. For section 10(1) (improvement notices) substitute—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for suspecting that a person is failing to comply with the provisions specified in Schedule 1 of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009, the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—
(a)state the officer’s grounds for suspecting that the person is failing to comply or, as the case may be, that the food does not comply with the relevant provision;
(b)specify the matters which constitute the failure to so comply;
(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and
(d)require the person to take those measures, or such measures that are at least equivalent to them, within such period as may be specified in the notice.”
2. For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—
“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there has been any contravention of the provisions specified in Schedule 1 of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009; and
(b)to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention of that regulation;”.
3. In section 35 (punishment of offences), after subsection (1), insert—
“(1A) A person guilty of an offence under section 10(2), as applied by regulation 3A(1) of the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009, is liable, on summary conviction, to a fine.”
4. For section 37(1) (appeals) substitute—
“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1) as applied and modified by regulation 3A(1) of, and Part 1 of Schedule 2 to, the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (Wales) Regulations 2009, may apply to the magistrates’ court.”
5. For section 37(5) substitute—
“(5) The period within which such an appeal as is mentioned in subsection (1) above may be brought shall be—
(a)one month from the date on which notice of the decision was served on the person desiring to appeal; or
(b)the period specified in the improvement notice,
whichever ends the earlier; and in the case of such an appeal, the making of the complaint shall be deemed for the purposes of this subsection to be the bringing of the appeal.”
6. In section 37(6)—
(a)for “(3) or (4)” substitute “(1)”; and
(b)in paragraph (a), omit “or to the sheriff”.
7. In section 39(3) (appeals against improvement notices), omit “for want of prosecution”.”
Commencement Information
I17Sch. 3 para. 5 in force at 2.8.2016, see reg. 1(3)
S.I. 1997/2182, to which there are amendments not relevant to these Regulations.
S.I. 2000/1866 (W. 125), amended by S.I. 2005/3254 (W. 247), S.I. 2007/3573 (W. 316), S.I. 2008/2602 (W. 228), S.I. 2014/1102 (W. 110).
S.I. 2004/314 (W. 32), amended by S.I. 2005/3111 (W. 231), S.I. 2005/3254 (W. 247), S.I. 2007/2753 (W. 232), S.I. 2011/2131, S.I. 2014/2303 (W. 227).
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area. The revised version is currently only available in English.
Original (As Enacted or Made) - English: The original English language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Original (As Enacted or Made) - Welsh:The original Welsh language version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search. A point in time version is only available in English.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: