2019 No. 435 (W. 103)
Exiting The European Union, Wales
Food, Wales

The Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Sift requirements satisfied
Made
Laid before the National Assembly for Wales
Coming into force in accordance with regulation 1(3)
The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 20181 and by section 16(1)(a) and (e) of the Food Safety Act 19902.

The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act 2018 (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

As required by Article 9 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 safety3 there has been open and transparent public consultation during the preparation of these Regulations.

Title, application and commencement1.

(1)

The title of these Regulations is the Food Standards and Labelling (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019.

(2)

These Regulations apply in relation to Wales.

(3)

These Regulations come into force on exit day.

The Food (Lot Marking) Regulations 19962.

(1)

The Food (Lot Marking) Regulations 19964 are amended as follows.

(2)

In regulation 2, omit the definition of “first seller established within the European Union”.

(3)

In regulation 3(2)(a), for “European Union” substitute “United Kingdom”.

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 20083.

(1)

The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) (Wales) Regulations 20085 are amended as follows.

(2)

In regulation 2(1)—

(a)

omit the definition of “EU provision”;

(b)

at the appropriate place, insert—

““specified provision” (“darpariaeth benodedig”) means a provision referred to in regulation 6(2);”.

(3)

In regulation 5, for “EU” substitute “specified”.

(4)

In regulation 6—

(a)

in paragraph (1)(b), for “EU” substitute “specified”;

(b)

in paragraph (2), in the words before sub-paragraph (a), for “EU” substitute “specified”.

(5)

In regulation 7(2), for “EU” substitute “specified”.

The Fish Labelling (Wales) Regulations 20134.

(1)

The Fish Labelling (Wales) Regulations 20136 are amended as follows.

(2)

In regulation 2—

(a)

omit the definition of “the EU Regulations”;

(b)

at the appropriate place, insert—

““the specified Regulations” (“y Rheoliadau Penodedig”) means Regulation 1224/2009, Regulation 404/2011 and Regulation 1379/2013.”

(c)

in paragraph (2)(a) and (b), for “EU”, in each place it occurs, substitute “specified”.

(3)

In regulation 4—

(a)

in paragraph (3), for “and (5)”, in the second place it occurs, substitute “, (5) to (7) and (9)”;

(b)

in paragraph (7), for “the sterling equivalent of 50 euros” substitute “£45”.

(4)

In regulation 5(3), in the definition of “operator”, for “EU” substitute “specified”.

The Food Information (Wales) Regulations 20145.

In Schedule 5 to the Food Information (Wales) Regulations 20147, in Part 2, omit entry numbers 33 and 34.

The Honey (Wales) Regulations 20156.

In the Honey (Wales) Regulations 20158, after regulation 18 insert—

“Methods of analysis18A.

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.”

The Country of Origin of Certain Meats (Wales) Regulations 20157.

In regulation 3(a) of the Country of Origin of Certain Meats (Wales) Regulations 20159, for “member State or third” substitute “single”.
Vaughan Gething
Minister for Health and Social Services, one of the Welsh Ministers
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations, other than regulation 6, are made in exercise of the powers conferred on the Welsh Ministers by paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Regulation 6 is made under section 16 of the Food Safety Act 1990 (c. 16) to amend the Honey (Wales) Regulations 2015 to set the method of analysis that food authorities must use to verify compliance with those Regulations’ requirements.

These Regulations make amendments to subordinate legislation applying in Wales in the field of food composition and labelling.

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.