WELSH STATUTORY INSTRUMENT
2020 No. 1487 (W. 317)
Agriculture, Wales
Food, Wales
The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020
Made 8th December 2020
Laid before Senedd Cymru 10th December 2020
Coming into force 31th December 2020
The Welsh Ministers, in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972, make the following Regulations.
The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures in respect of food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals, measures in the veterinary and phytosanitary fields for the protection of public health, and measures in relation to the common agricultural policy of the European Union.
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 EU instruments inserted into the statutory instruments amended by these Regulations to be construed as a references to those EU instruments as amended from time to time.
There has been open and transparent public consultation during the preparation of these Regulations in accordance with Article 9 of Regulation (EC) No. 178/2002of 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.
S-1
Title and commencementTitle and commencement
1.—(1) The title of these Regulations is The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020.
(2) These Regulations come into force on 31 December 2020.
S-2
The Food Hygiene (Wales) Regulations 2006The Food Hygiene (Wales) Regulations 2006
2.—(1) The Food Hygiene (Wales) Regulations 2006are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(b)
(b) after paragraph (1) insert—
“1A. Any reference in these Regulations to Regulation 2017/625 or any other Directive or Regulation referred to in Schedule 1 have the meanings respectively given to them in that Schedule.”
(3) For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 1 to these Regulations.
S-3
The Official Feed and Food Controls (Wales) Regulations 2009The Official Feed and Food Controls (Wales) Regulations 2009
3.—(1) The Official Feed and Food Controls (Wales) Regulations 2009are amended as follows.
(2) In regulation 2 (interpretation)—
(a)
(a) in paragraph (1)—
(b)
(b) after paragraph (1), insert—
“1A. Any reference in these Regulations to Regulation 2017/625 or any other Directive or Regulation referred to in Schedule 1 have the meanings respectively given to them in that Schedule.”
(c)
(c) for paragraph (3) substitute—
“3. Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or in the Regulation 2017/625 package has the meaning it bears in Regulation 178/2002 or in the Regulation 2017/625 package as the case may be.”
(3) In regulation 22 (interpretation of Part 3)—
(a)
(a) for the definition of “product” substitute—
““product”(“cynnyrch”) means feed and food of non-animal origin whose import is regulated by Article 44 or Article 47(1)(d), (e) or (f) of Regulation 2017/625 and includes composite products and foodstuffs which are not listed in Commission Decision 2007/275/ECconcerning lists of composite products to be subject to controls at border control posts;”;
(b)
(b) in the definition of “specified import provision”, for “Regulation 2017/625 or the Regulation 2017/625 package” substitute “the Regulation 2017/625 package”.
(4) In regulation 29 (checks on products), for “and 45(1), (2) and (4)”, in each place it occurs, substitute “, 45(1), (2) and (4), and 49(1)”.
(5) In regulation 36(2) (costs and fees) after “as referred to in”, insert “Article 79(2)(a) and”.
(6) In regulation 41(1A) (offences and penalties), for the words from “Article 3” to “production of sprouts”, substitute “Article 13 of Regulation 2019/625, in so far as it applies to sprouts and seeds intended for the production of sprouts, as read with Article 27 of Regulation 2019/628”.
(7) In Part 4 (recovery of expenses), at the appropriate place insert—
“Fees or charges arising from unplanned official controls
42A. Fees or charges imposed by a competent authority on an operator pursuant to article 79(2)(c) of Regulation 2017/625 must be paid by the operator on the written demand of the competent authority.”
(8) For Schedule 1 (definitions of EU legislation) substitute the Schedule set out in Schedule 2 to these Regulations.
(9) For Schedule 4 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant feed law) substitute the Schedule set out in Schedule 3 to these Regulations.
(10) For Schedule 5 (competent authorities for the purposes of certain provisions of Regulation 2017/625 in so far as they apply in relation to relevant food law) substitute the Schedule set out in Schedule 4 to these Regulations.
(11) For Schedule 6 (specified import provisions) substitute the Schedule set out in Schedule 5 to these Regulations.
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The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016
4.—(1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016are amended as follows.
(2) In regulation 2 (interpretation and scope)—
(a)
(a) in paragraph (1)
(i) omit the definition of “Regulation 882/2004”;
(ii) at the appropriate places, insert the following definitions—
““Regulation 2017/625” (“Rheoliad 2017/625”) means Regulation (EU) 2017/625of the European Parliament and of the Council on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products;”
““Regulation 2019/1793” (“Rheoliad 2019/1793”) means Commission Implementing Regulation (EU) 2019/1793on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries;”
(b)
(b) in paragraph (2), for “Regulation 882/2004, Regulation 183/2005 or Regulation 152/2009”, substitute “Regulation 183/2005, Regulation 152/2009 and Regulation 2017/625”.
(3) In regulation 19 (analysis other than in the course of official controls), for paragraph (2) substitute—
“2. In cases where there is no appropriate method of analysis in Regulation 152/2009, the analysis must be carried out in the manner referred to in Article 34(1) and (2) of Regulation 2017/625 as read with Regulation 2019/1793.”
(4) In Schedule 1 (specified feed law), in the table—
(a)
(a) omit the entries for Regulation 882/2004 and for Commission Regulation (EC) No 669/2009;
(b)
(b) at the appropriate place, insert the following entries—
“Regulation 2017/625 in so far as it relates to feed”
“Regulation 2019/1793 in so far as it relates to feed”.
Eluned Morgan
Minister for Mental Health, Wellbeing and Welsh Language, one of the Welsh Ministers
8 December 2020
SCHEDULE 1
Regulation 2(3)
Schedule to be substituted for Schedule 1 to the Food Hygiene (Wales) Regulations 2006
“SCHEDULE 1
Regulation 2(1A)
DEFINITIONS OF LEGISLATION
“Directive 2004/41” means Directive 2004/41/ECof the European Parliament and of the Council repealing certain Directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EECand 92/118/EECand Council Decision 95/408/EC;
“Regulation 178/2002” means Regulation (EC) No. 178/2002of 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, as read with Regulation 931/2011, and Regulation 208/2013;
“Regulation 852/2004” means Regulation (EC) No. 852/2004of the European Parliament and of the Council on the hygiene of foodstuffsas read with Regulation 2073/2005 and Regulation 210/2013;
“Regulation 853/2004” means Regulation (EC) No. 853/2004of the European Parliament and of the Council laying down specific hygiene rules for food of animal originas read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2017/185;
“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005implementing Regulation (EC) No. 853/2004of the European Parliament and of the Council as regards special guarantees concerning salmonella...
