The Contaminants in Food (Wales) (No. 2) Regulations 2006

• Citation: S.I. 2006/1850 (W.)
• Sections: 7

Section 1 Title, application and commencement

The title of these Regulations is the Contaminants in Food (Wales) (No. 2) Regulations 2006, they apply in relation to Wales and come into force on 13 July 2006.

Section 2 Interpretation

(1) In these Regulations—

“the Act” (“ y Ddeddf ”) means the Food Safety Act 1990;

“authorised lettuce” (“ letus awdurdodedig ”) means lettuce of the kind specified in point 1.3 of section 1 of Annex I to the Commission Regulation , which complies with the conditions of the derogation under Article 3b.2 of that Regulation in relation to the United Kingdom;

“authorised officer” (“ swyddog awdurdodedig ”) means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;

“authorised spinach” (“ sbigoglys awdurdodedig ”) means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.1 of that Regulation in relation to the United Kingdom;

“the Commission Regulation” (“ Rheoliad y Comisiwn ”) means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as corrected by a corrigendum published on 30 November 2001 , and as amended by Council Regulation (EC) No. 2375/2001 , Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23 March 2002 , Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14 June 2002 , Commission Regulation (EC) No. 1425/2003 ), Commission Regulation (EC) No. 2174/2003 ), Commission Regulation (EC) No. 242/2004 ), Commission Regulation (EC) No. 455/2004 , Commission Regulation (EC) No. 655/2004 , Commission Regulation (EC) No. 683/2004 , Commission Regulation (EC) No. 684/2004 , Commission Regulation (EC) No. 78/2005 , Commission Regulation (EC) No. 123/2005 , Commission Regulation (EC) No. 208/2005 , Commission Regulation (EC) No. 856/2005 Commission Regulation (EC) No. 1822/2005 , and Commission Regulation (EC) No. 199/2006 );

“food authority” (“ awdurdod bwyd ”) does not include a port health authority;

“port health authority” (“ awdurdod iechyd Porthladd ”) means in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984 ), a port health authority for that district constituted by order under section 2(4) of that Act.

(2) Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.

Section 3 Offences and penalties

(1) Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if—

(a) that person places on the market any food (other than authorised lettuce or authorised spinach) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation; or

(b) that person contravenes Article 2.3, 4.2 or 4a of the Commission Regulation.

(2) The Community provisions mentioned in paragraph (1) are—

(a) Article 7 of the Commission Regulation;

(b) Article 2 of Commission Regulation (EC) No. 655/2004 amending Regulation (EC) No. 466/2001 as regards nitrate in foods for infants and young children;

(c) Article 3 of Commission Regulation (EC) No. 683/2004 amending Regulation (EC) No. 466/2001 as regards aflatoxins and ochratoxin A in foods for infants and young children;

(d) Article 2 of Commission Regulation (EC) No. 123/2005 amending Regulation (EC) No. 466/2001 as regards ochratoxin A;

(e) Article 2 of Commission Regulation (EC) No. 208/2005 amending Regulation (EC) No. 466/2001 as regards polycyclic aromatic hydrocarbons;

(f) Article 2 of Commission Regulation (EC) No. 856/2005 amending Regulation (EC) No. 466/2001 as regards Fusarium toxins;

(g) Article 2 of Commission Regulation (EC) No. 199/2006 amending Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as regards dioxins and dioxin-like PCBs.

Section 4 Enforcement

It is the duty of each food authority within its area and each port health authority within its district to execute and enforce these Regulations.

Section 5 Application of various sections of the Food Safety Act 1990

(1) The following provisions of the Act will apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof will be construed as a reference to these Regulations—

(a) section 3 (presumptions that food intended for human consumption);

(b) section 20 (offences due to fault of another person);

(c) section 21 (defence of due diligence), as it applies for the purpose of section 14 or 15;

(d) section 30(8) (which relates to documentary evidence);

(e) section 33(1) (obstruction etc. of officers);

(f) section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” will be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (e);

(g) section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);

(h) section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (f);

(i) section 36 (offences by bodies corporate); and

(j) section 44 (protection of officers acting in good faith).

(2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) will apply for the purposes of these Regulations as if it read as follows—

(9)

(1) An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below will apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(1)(a) of the Contaminants in Food (Wales) (No. 2) Regulations 2006.

(2) The authorised officer may either—

(a) give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it—

(i) is not to be used for human consumption, and

(ii) either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by Article 1.3 of the Commission Regulation; or

(b) seize the food and remove it in order to have it dealt with by a justice of the peace.

(3) Where the authorised officer exercises the power conferred by subsection (2)(a) above, the authorised officer is, as soon as is reasonably practicable and in any event within 21 days, to determine whether or not the authorised officer is satisfied that the food complies with the requirements referred to in regulation 3(1)(a) of the above Regulations, as appropriate and—

(a) if the authorised officer is so satisfied, will forthwith withdraw the notice;

(b) if the authorised officer is not so satisfied, will seize the food and remove it in order to have it dealt with by a justice of the peace.

(4) Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the authorised officer will inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and—

(a) any person who under regulation 3(1)(a) of the above Regulations might be liable to a prosecution in respect of the food will, if that person attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and

(b) that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence under regulation 3(1)(a) of the above Regulations in relation to that food.

(5) If it appears to a justice of the peace, on the basis of such evidence as the justice of the peace considers appropriate in the circumstances, that any food falling to be dealt with by the justice of the peace under this section fails to comply with the requirements referred to in regulation 3(1)(a) of the above Regulations the justice of the peace will condemn the food and order—

(a) the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and

(b) any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.

(6) If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority will compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.

(7) Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above will be determined by arbitration.

(8) Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above will be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) The expressions “authorised officer”, “food authority”, “placing on the market”, “the Commission Regulation” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), will, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.

Section 6 Consequential amendment

In Schedule 1 (provisions to which those Regulations do not apply) to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply to Wales, for the entry relating to the Contaminants in Food (Wales) Regulations 2006 there is substituted the following entry—

Section 7 Revocations

The Contaminants in Food (Wales) Regulations 2006 are revoked.