The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020

• Citation: S.I. 2020/1581 (W.)
• Sections: 16

Section 1 Title, application and commencement

(1) The title of these Regulations is the Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 and they apply in relation to Wales.

(2) This Part and Part 2 come into force immediately before implementation period completion day.

(3) Parts 3 and 4 come into force on implementation period completion day.

Section 2 The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

(1) The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 are amended as follows.

(2) Omit regulation 2.

(3) In regulation 3 (amendment to the Materials and Articles in Contact with Food (Wales) Regulations 2012)—

(a) after paragraph (2) insert—

(2A) In regulation 4(3) omit “Community”.

(2B) In regulation 6(1)—

(a) omit sub-paragraph (a);

(b) in sub-paragraph (b), for “16(1)” substitute “16”.

(b) in paragraph (5), in the new regulation 10A to be inserted—

(i) in paragraph (1), for “in accordance with Article 16 of Regulation 1935/2004” substitute “complying with paragraph (2)”;

(ii) in paragraph (2), for “the United Kingdom” substitute “Great Britain”;

(iii) in paragraph (3), for “the United Kingdom” substitute “Great Britain”;

(c) after paragraph (6) insert—

(6A) In regulation 27(1)(a)(i), for “10(4), 10(6)” substitute “10A(1), 10A(3).

(6B) In Schedule 2, in paragraph 1, in the substituted section 10(1A), for “10(4), 10(6)” substitute “10A(1), 10A(3).

(4) Omit regulation 4.

(5) In the Schedule, in the new Schedule 5 (declaration of compliance) to be inserted, in paragraph 1(a), for “the United Kingdom” substitute “Great Britain”.

Section 3 The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

(1) The Food and Feed Hygiene and Safety (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 are amended as follows.

(2) In regulation 4(3) (amendment to the Quick-frozen Foodstuffs (Wales) Regulations 2007), for sub-paragraph (c), substitute—

(c) in paragraph (4)—

(i) in the words before sub-paragraph (a), for “any other description listed in Article 8.1(a) of Directive 89/108” substitute “its equivalent in any other language”;

(ii) in sub-paragraph (b), for “European Union” substitute “United Kingdom”.

(3) Omit regulations 5 and 6.

(4) In regulation 7 (amendment to the Plastic Kitchenware (Conditions on Imports from China) (Wales) Regulations 2011)—

(a) for paragraph (2) substitute—

(2) In regulation 3(1), for “the European Union” substitute “Great Britain”

(b) for paragraph (3) substitute—

(3) In regulation 8(3)(a)(i), for “the European Union” substitute “Great Britain”

Section 4 The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019

(1) The Food (Miscellaneous Amendments) (Wales) (EU Exit) (No. 2) Regulations 2019 are amended as follows.

(2) Omit regulation 2.

(3) Omit regulations 4, 5, 6 and 7.

(4) In regulation 8 (amendment to the Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2015)—

(a) in paragraph (3), for sub-paragraph (b) substitute—

(b) for sub-paragraph (d), substitute—

(d) is a natural mineral water intended for—

(i) movement into Northern Ireland; or

(ii) export to a third country.

(b) for paragraph (4)(a)(iii), substitute—

(iii) for sub-paragraph (d) substitute—

(d) in the case of water extracted from the ground in a third country—

(i) the Agency grants recognition in accordance with Part 2 of Schedule 1;

(ii) it has equivalent recognition in England granted by the Secretary of State in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (England) Regulations 2007 ;

(iii) it has equivalent recognition in Scotland granted by Food Standards Scotland in accordance with regulation 4(1)(d)(i) of, and Part 2 of Schedule 3 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water (Scotland) (No. 2) Regulations 2007 ;

(iv) it has equivalent recognition in Northern Ireland granted by the Agency in accordance with regulation 4(2)(d)(i) of, and Part 2 of Schedule 1 to, the Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2015 .

(c) in paragraph 5, in the new regulation 4A to be inserted—

(i) in paragraph (6), for “exit day” substitute “IP completion day”;

(ii) in paragraph (12), for “exit day”, in each place it occurs, substitute “IP completion day”;

(d) for paragraph (7), substitute—

(7) In regulation 27A—

(a) in paragraph (b)—

(i) omit “or from another EEA State”;

(ii) for “Articles 1 to 3 of Regulation 115/2010” substitute “the relevant bottled water legislation that applies in that part of the United Kingdom”;

(b) in paragraph (c)—

(i) for “country other than an EEA State” substitute “third country”;

(ii) for the words from “has been authorised” to “Articles 1 to 3”, substitute “complies with Articles 1 and 2”

(e) in paragraph (8)(b), after paragraph (i) insert—

(ia) after “the Agency”, for the “or” substitute “to be equivalent to the requirements of these Regulations, or by the”

Section 5 The Genetically Modified Food (Wales) Regulations 2004

(1) The Genetically Modified Food (Wales) Regulations 2004 are amended as follows.

(2) In the Schedule, in Part 2, in the table—

(a) omit the entry for Article 8.6;

(b) in the entry for Article 9.3, in the second column, for “Commission”, substitute “Food Safety Authority”.

Section 6 The General Food Regulations 2004

(1) The General Food Regulations 2004 are amended as follows.

(2) In regulation 4 (requirements under Regulation (EC) No.178/2002: offences), for paragraph (a) substitute—

(a) Article 12 (food and feed exported from Great Britain) in so far as it relates to food;

Section 7 The Fishery Products (Official Controls Charges) (Wales) Regulations 2007

(1) The Fishery Products (Official Controls Charges) (Wales) Regulations 2007 are amended as follows.

(2) In regulation 2(1), for the definition of “third country” substitute—

“ third country ” (“ trydedd wlad ”), except in the expression “ third country import ” means any country or territory other than the British Islands;

(3) For regulation 4 substitute—

Sterling equivalents of Euro

(4) Any reference in these Regulations to a specified number of Euros (“ EUR ”) is to be read as that sum converted into pounds sterling (“ GBP ”) using the exchange rate of GBP1 = EUR1.1413.

(4) For the heading to the Schedule, substitute—

DEFINITIONS OF LEGISLATION

Section 8 The Food Irradiation (Wales) Regulations 2009

(1) The Food Irradiation (Wales) Regulations 2009 are amended as follows.

(2) In regulation 3(1)—

(a) in the definition of “import”, for “another Member State or from a country outside the European Union” substitute “outside the United Kingdom”;

(b) in the definition of “official reference number”, for “the reference number allocated by the Member State in connection with its approval as an irradiation facility (being the number shown for it in the list in Schedule 3)” substitute “the number shown for it in the list in Schedule 3”.

(3) In regulation 5(1)—

(a) for sub-paragraph (b) substitute—

(b) it has been irradiated in one of the facilities listed in the Table in Schedule 3 or Schedule 4;

(b) in sub-paragraph (d), for “another” substitute “a”.

(4) For the heading to Schedule 3, substitute—

LIST OF FACILITIES IN EU MEMBER STATES AND IN THE UNITED KINGDOM

Section 9 The Meat (Official Controls Charges) (Wales) Regulations 2009

In the Meat (Official Controls Charges) (Wales) Regulations 2009 , for the heading to Schedule 1, substitute—

DEFINITIONS OF LEGISLATION

Section 10 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(1)—

(a) after the definition of “relevant feed law”, omit the “and”;

(b) at the appropriate place, insert—

“ third country ” ( “trydedd wlad” ) means any country or territory other than the British Islands.

(3) In regulation 4—

(a) in paragraph (1), for “member States” substitute “the Welsh Ministers”;

(b) in paragraph (4), for “EU legislation” substitute “any other applicable legislation”.

(4) In regulation 5(1), for “member States” substitute “the Welsh Ministers”.

(5) Omit regulations 14, 15 and 16.

(6) In regulation 17—

(a) omit paragraph (3);

(b) in paragraph (5), omit sub-paragraphs (a) and (b).

(7) In regulation 19(1)—

(a) in sub-paragraph (a), omit “14, 15 or”;

(b) in sub-paragraph (b)—

(i) omit “14, 15 or”;

(ii) for “those regulations” substitute “that regulation”.

(8) In regulation 20(2), for “, regulation 11 or regulation 16” substitute “or regulation 11”.

(9) In regulation 22, omit the definition of “the relevant territories” and the “and” after it.

(10) In regulation 28(1), omit sub-paragraphs (b) and (d).

(11) Omit regulation 35 .

(12) In regulation 41—

(a) in paragraph 1(b), omit “or paragraph (4) or (5) of regulation 35”;

(b) after paragraph 1(e) insert—

(f) contravenes or fails to comply with the provisions of any instrument made under Article 53 of Regulation 178/2002.

(13) In Schedule 6, in the entry relating to Article 5(1)(b) of Regulation 2019/1602, in the second column, for “IMSOC” substitute “appropriate computerised information management system”.

Section 11 The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013

(1) The Food Safety (Sampling and Qualifications) (Wales) Regulations 2013 are amended as follows.

(2) In Schedule 2—

(a) in Part 1, in paragraph 6, for “another Member State” substitute “a member State of the European Union”;

(b) in Part 2—

(i) in paragraph 2, for “another Member State” substitute “a member State of the European Union”;

(ii) in paragraph 4, for “another Member State” substitute “a member State of the European Union”.

Section 12 The Contaminants in Food (Wales) Regulations 2013

(1) The Contaminants in Food (Wales) Regulations 2013 are amended as follows.

(2) In regulation 5—

(a) in paragraph (1), for “EU provisions” substitute “retained EU law provisions”;

(b) in paragraph (2), for “EU provisions” substitute “retained EU law provisions”.

(3) In regulation 8(2) (application of various sections of the Food Safety Act 1990), in the text of the modified section 9, for “the EU requirements”, in each place it occurs, substitute “the retained EU law requirements”.

Section 13 The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

(1) The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 are amended as follows.

(2) In regulation 10(b), for “the European Union” substitute “Great Britain”.

(3) In regulation 14(1)(d), for “territory of the EU” substitute “United Kingdom”.

(4) Omit regulation 15.

(5) In Schedule 1—

(a) in Table 1, in the entry for Article 26.1, in the second column, for “Commission” substitute “Authority”;

(b) In Table 2—

(i) in the entry for Article 21.1 (as read with Article 22), in the second column, for “a language easily understandable to purchasers” substitute “English, or in English and Welsh”;

(ii) in the entry for Article 26.2, in the second column, for “Commission” substitute “Authority”.

(6) In Schedule 2, in Table 1—

(a) in the entry for Article 10, in the second column, for “Union” substitute “domestic”;

(b) in the entry for Article 19.2, in the second column, for “Commission” substitute “Authority”;

(c) in the entry for Article 19.3, in the second column, for “Commission” substitute “Authority”.

(7) In Schedule 3, in Table 1, in the entry for Article 9.5, in the second column, for “Commission” substitute “Authority”.

(8) In Schedule 4, in Table 1—

(a) in the entry for Article 4, in the second column, for “Union” substitute “domestic”;

(b) in the entry for Article 14.1, in the second column, for “Commission” substitute “Authority”;

(c) in the entry for Article 14.2, in the second column, for “Commission” substitute “Authority”.

Section 14 The Honey (Wales) Regulations 2015

(1) The Honey (Wales) Regulations 2015 are amended as follows.

(2) In regulation 17—

(a) in paragraph (1)—

(i) omit “member State or third”;

(ii) for the words from “one of the following” to the end, substitute “the indication “blend of honeys from more than one country” or wording in English with equivalent meaning.”;

(b) in paragraph (6), for the words from “following indications” to the end, substitute “indication “cyfuniad o felau o fwy nag un wlad” or wording in Welsh with equivalent meaning may be included.”

Section 15 The Caseins and Caseinates (Wales) Regulations 2016

(1) The Caseins and Caseinates (Wales) Regulations 2016 are amended as follows.

(2) In regulation 6—

(a) in paragraph (1)—

(i) in sub-paragraph (d), for “the European Union, the importer into the European Union market” substitute “the United Kingdom, the importer into the United Kingdom”;

(ii) in sub-paragraph (e), for “countries outside the European Union” substitute “a third country”;

(b) after paragraph (8) insert—

(9) In this regulation, “ third country ” means any country other than the British Islands.

Section 16 Saving of declarations made under regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009

Notwithstanding the revocation of regulation 35 of the Official Feed and Food Controls (Wales) Regulations 2009 (by regulation 10(11) of these Regulations), any declaration made under regulation 35 that is in force immediately before implementation period completion day, takes effect after implementation period completion day as if made by the Welsh Ministers in a statutory instrument under Article 53 of Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law .