The Official Feed and Food Controls (Miscellaneous Amendments) (Wales) Regulations 2020

• Citation: S.I. 2020/1487 (W.)
• Sections: 4

Section 1 Title and commencement

(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.

Section 2 The Food Hygiene (Wales) Regulations 2006

(1) The Food Hygiene (Wales) Regulations 2006 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) in the definition of “the Community Regulations” (“ Rheoliadau’r Gymuned ”), for “, Regulation 2017/625 and the Regulation 2017/625 package” substitute “and the Regulation 2017/625 package”;

(ii) omit the definition that begins “Directive 2004/41”;

(iii) for the definition of “the Regulation 2017/625 package” substitute—

“the Regulation 2017/625 package” (“ pecyn Rheoliad 2017/625 ”) means Regulation 2017/625 and the other Regulations listed in Schedule 1 below the heading “The Regulation 2017/625 package”;

(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.

Section 3 The Official Feed and Food Controls (Wales) Regulations 2009

(1) The Official Feed and Food Controls (Wales) Regulations 2009 are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition that begins “Decision 2007/275”;

(ii) in the definition of “the Official Control Regulations”, for “Regulation 2017/625 or the Regulation 2017/625 package” substitute “the Regulation 2017/625 package”;

(iii) for the definition of “the Regulation 2017/625 package” substitute—

“the Regulation 2017/625 package” (“ pecyn Rheoliad 2017/625 ”) means Regulation 2017/625 and the other Regulations listed in Schedule 1 below the heading “The Regulation 2017/265 package”;

(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) 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) 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/EC concerning lists of composite products to be subject to controls at border control posts ;

(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.

Section 4 The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

(1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 are amended as follows.

(2) In regulation 2 (interpretation and scope)—

(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) 2017/625 of 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) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries ;

(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) omit the entries for Regulation 882/2004 and for Commission Regulation (EC) No 669/2009 ;

(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