The Food Information (Wales) (Amendment) Regulations 2020

Made4 March 2020

Laid before the National Assembly for Wales6 March 2020

Coming into force1 April 2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1) and (2). 26(3) and 48(1) of the Food Safety Act 19901 and now vested in them2 and by paragraph 1A of Schedule 2 to the European Communities Act 19723.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Welsh Ministers that it is expedient for references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers4 and to Commission Implementing Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food5, inserted into the Food Information (Wales) Regulations 20146, to be construed as references to those Regulations as amended from time to time.

The Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 19907.

There has been open and transparent public consultation during the preparation and evaluation of these Regulations 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 safety8.

Title and commencement1.

(1)

The title of these Regulations is the Food Information (Wales) (Amendment) Regulations 2020.

(2)

These Regulations come into force on 1 April 2020.

Amendment of the Food Information (Wales) Regulations 20142.

(1)

The Food Information (Wales) Regulations 2014 are amended as follows.

(2)

In Schedule 5 (improvement notices – specified provisions), after Part 4 insert—

“PART 5FIC Provision in relation to which an Improvement Notice may be served on and from 1 April 2020.
Provision of FIC
Provisions to be read with the provision of FIC
Article 26(3) (mandatory indication of the country of origin or place of provenance of the primary ingredient where different from that of the food.
Articles 1(3) and 6 of FIC, and Commission Implementing Regulation (EU) 2018/7759 as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of the food (as amended from time to time).”

Provision of FIC	Provisions to be read with the provision of FIC
Article 26(3) (mandatory indication of the country of origin or place of provenance of the primary ingredient where different from that of the food.	Articles 1(3) and 6 of FIC, and Commission Implementing Regulation (EU) 2018/7759 as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of the food (as amended from time to time).”

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

4 March 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Food Information (Wales) Regulations 2014 (S.I. 2014/2303 (W.227)) (“the 2014 Regulations”). They make provision to implement and enforce in Wales, Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as read with Commission Implementing Regulation (EU) 2018/775 laying down rules for the application of Article 26(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as regards the rules for indicating the country of origin or place of provenance of the primary ingredient of a food.

Article 26(3) of Regulation (EU) No 1169/2011 imposes requirements to provide certain information as to the country of origin or place of provenance of the primary ingredient of a food where different to that of the food. Commission Implementing Regulation 2018/775 lays down rules for the application of Article 26(3).

Regulation 2 of these Regulations inserts a new Part 5 into Schedule 5 to the 2014 Regulations. This adds Article 26(3) of Regulation (EU) No 1169/2011 as read with Commission Implementing Regulation (EU) 2018/775 to the list of EU provisions to which the enforcement provisions under Regulation 12 of the 2014 Regulations apply.

These provisions, as amended, enable an improvement notice to be served requiring compliance with Article 26(3) and the provisions of Regulation 2018/775. Failure to comply with the improvement notice is a criminal offence. In addition the enforcement authorities have powers of entry and inspection (including seizure of records) for the purposes of enforcing Article 26(3) as read with the provisions of Regulation 2018/775.

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.