The Honey (Wales) Regulations 2015

Made: 8th July 2015

Laid before the National Assembly for Wales: 13 July 2015

Coming into force: 3 August 2015

There has been consultation, 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 safety[^f00008], during the preparation and evaluation of the following Regulations.

PART 1 — Introduction

Title, commencement and application

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• (1) The title of these Regulations is the Honey (Wales) Regulations 2015.

• (2) These Regulations come into force on 3 August 2015 and apply in relation to Wales.

Definition of “honey” and different types of honey

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• (1) In these Regulations “honey” (“mêl”) means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature.

• (2) In these Regulations—

• “baker’s honey” (“mêl pobydd”) means honey that is suitable for industrial use or as an ingredient in another foodstuff which is then processed;

• “blossom honey” (“mêl blodau”) and “nectar honey” (“mêl neithdar”) mean honeys obtained from the nectar of plants;

• “chunk honey” (“mêl talpiau”) and “cut comb in honey” (“diliau wedi eu torri mewn mêl”) mean honeys which contain one or more pieces of comb honey;

• “comb honey” (“mêl diliau”) means honey stored by bees in the cells of freshly built broodless combs or thin comb foundation sheets made solely of beeswax and sold in sealed whole combs or sections of such combs;

• “drained honey” (“mêl wedi ei ddraenio”) means honey obtained by draining de-capped broodless combs;

• “extracted honey” (“mêl wedi ei echdynnu”) means honey obtained by centrifuging de-capped broodless combs;

• “filtered honey” (“mêl wedi ei hidlo”) means honey obtained by removing foreign inorganic or organic matters in such a way as to result in the significant removal of pollen;

• “honeydew honey” (“mêl melwlith”) means honey obtained mainly from excretions of plant sucking insects (Hemiptera) on the living part of plants or secretions of living parts of plants;

• “pressed honey” (“mêl wedi ei wasgu”) means honey obtained by pressing broodless combs with or without the application of moderate heat not exceeding 45° Celsius.

General interpretation

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• (1) In these Regulations—

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

• “bulk containers” (“cynwysyddion swmpus”) has the same meaning as in Article 3 of the Honey Directive;

• “FIC” (“FIC”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004[^f00009];

• “food authority” (“awdurdod bwyd”) means— a county council; a county borough council;

• “the Honey Directive” (“y Gyfarwyddeb Mêl”) means Council Directive 2001/110/EC relating to honey[^f00010];

• “ingredient” (“cynhwysyn”) has the meaning given in Article 2(2)(f) of FIC, as read with Article 2(5) of the Honey Directive;

• “in trade” (“mewn masnach”) has the same meaning as in the Honey Directive and “trade in” and “trading in” are to be construed accordingly;

• “label” (“label”) has the meaning given in Article 2(2)(i) of FIC;

• “packs” (“pecynnau”) has the same meaning as in Article 3 of the Honey Directive;

• “trade documents” (“dogfennau masnach”) has the same meaning as in Article 3 of the Honey Directive;

• “specific quality criteria” (“meini prawf ansawdd penodol”) has the same meaning as in the third indented paragraph of paragraph (b) of the second sub-paragraph of point 2 of Article 2 of the Honey Directive.

• (2) Any other expression used in both these Regulations and in the Honey Directive has the same meaning in these Regulations as in that Directive.

Limited scope of specified provisions

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• (1) The following provisions only apply in relation to a product intended for supply to a final consumer or mass caterer—

• (a) Part 2, except for regulations 14(4) and 15(4) and (5);

• (b) regulation 16(1) and (2);

• (c) Part 4.

• (2) Regulation 16(3) and (4) only apply where the products intended for human consumption specified in those paragraphs (the products to which honey is added as an ingredient) are intended for supply to a final consumer or mass caterer.

• (3) In this regulation—

• “final consumer” (“defnyddiwr terfynol”) has the meaning given in point 18 of Article 3 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 safety[^f00011];

• “mass caterer” (“arlwywr mawr”) has the meaning given in Article 2(2)(d) of FIC.

Application of requirements relating to product names

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Where two or more provisions of these Regulations apply in determining the name to be used in respect of a particular honey, a person trading in that honey must use a name or combination name which complies with the requirements of each of those provisions.

PART 2 — Product names and descriptions

Honey

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• (1) A person trading in a honey, except a honey to which paragraph (2) applies, must use the name “honey” in trade as the name of the product.

• (2) This paragraph applies to—

• (a) baker’s honey;

• (b) comb honey;

• (c) drained honey;

• (d) extracted honey;

• (e) filtered honey;

• (f) honeydew honey;

• (g) honey that contains one or more pieces of comb honey (chunk honey and cut comb in honey);

• (h) honey that is obtained from the nectar of plants (blossom honey and nectar honey); and

• (i) pressed honey.

• (3) A person must not use the name “honey”, “mêl”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honey.

• (4) Nothing in paragraph (1) prevents a person trading in a honey to which paragraph (2) applies from using the name “mêl” in addition to the name “honey”.

• (5) Nothing in paragraphs (1) or (4) prevents the name “honey” from being in any other language in addition to Welsh and English.

Blossom honey and nectar honey

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• (1) A person trading in honey obtained from the nectar of plants must use the name “honey”, “blossom honey” or “nectar honey” in trade as the name of the product.

• (2) A person must not use the name “blossom honey”, “mêl blodau”, “nectar honey”, “mêl neithdar”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honey obtained from the nectar of plants.

• (3) Nothing in paragraph (1) prevents a person trading in honey obtained from the nectar of plants from using the name “mêl”, “mêl blodau” or “mêl neithdar” in addition to, respectively, the name “honey”, “blossom honey” or “nectar honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “honey”, “blossom honey” or “nectar honey” from being in any other language in addition to Welsh and English.

Honeydew honey

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• (1) A person trading in a honeydew honey must use the name “honey” or “honeydew honey” in trade as the name of the product.

• (2) A person must not use the name “honeydew honey”, “mêl melwlith”, or the equivalent name in any other language, in trade, as the name of a product if the product is not honeydew honey.

• (3) Nothing in paragraph (1) prevents a person trading in a honeydew honey from using the name “mêl” or “mêl melwlith” in addition to the name “honey” or “honeydew honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “honeydew honey” from being in any other language in addition to Welsh and English.

Comb honey

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• (1) A person trading in a comb honey must use the name “comb honey” in trade as the name of the product.

• (2) A person must not use the name “comb honey”, “mêl diliau”, or the equivalent name in any other language, in trade, as the name of a product if the product is not comb honey.

• (3) Nothing in paragraph (1) prevents a person trading in a comb honey from using the name “mêl diliau” in addition to the name “comb honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “comb honey” from being in any other language in addition to Welsh and English.

Chunk honey and cut comb in honey

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• (1) A person trading in a honey that contains one or more pieces of comb honey must use the name “chunk honey” or “cut comb in honey” in trade as the name of the product.

• (2) A person must not use the name “chunk honey”, “mêl talpiau”, “cut comb in honey”, “diliau wedi eu torri mewn mêl”, or the equivalent name in any other language, in trade, as the name of a product if the product does not contain one or more pieces of comb honey.

• (3) Nothing in paragraph (1) prevents a person trading in a honey that contains one or more pieces of comb honey from using the name “mêl talpiau” or “diliau wedi eu torri mewn mêl” in addition to, respectively, the name “chunk honey” or “cut comb in honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “chunk honey” or “cut comb in honey” from being in any other language in addition to Welsh and English.

Drained honey

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• (1) A person trading in drained honey must use the name “honey” or “drained honey” in trade as the name of the product.

• (2) A person must not use the name “drained honey”, “mêl wedi ei ddraenio”, or the equivalent name in any other language, in trade, as the name of a product if the product is not drained honey.

• (3) Nothing in paragraph (1) prevents a person trading in drained honey from using the name “mêl” or “mêl wedi ei ddraenio” in addition to the name “honey” or “drained honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “drained honey” from being in any other language in addition to Welsh and English.

Extracted honey

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• (1) A person trading in extracted honey must use the name “honey” or “extracted honey” in trade as the name of the product.

• (2) A person must not use the name “extracted honey”, “mêl wedi ei echdynnu”, or the equivalent name in any other language, in trade, as the name of a product if the product is not extracted honey.

• (3) Nothing in paragraph (1) prevents a person trading in extracted honey from using the name “mêl” or “mêl wedi ei echdynnu” in addition to the name “honey” or “extracted honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “extracted honey” from being in any other language in addition to Welsh and English.

Pressed honey

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• (1) A person trading in pressed honey must use the name “honey” or “pressed honey” in trade as the name of the product.

• (2) A person must not use the name “pressed honey”, “mêl wedi ei wasgu”, or the equivalent name in any other language, in trade, as the name of a product if the product is not pressed honey.

• (3) Nothing in paragraph (1) prevents a person trading in pressed honey from using the name “mêl” or “mêl wedi ei wasgu” in addition to the name “honey” or “pressed honey”.

• (4) Nothing in paragraphs (1) or (3) prevents the name “honey” or “pressed honey” from being in any other language in addition to Welsh and English.

Filtered honey

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• (1) A person trading in filtered honey must use the name “filtered honey” in trade as the name of the product.

• (2) A person must not use the name “filtered honey”, “mêl wedi ei hidlo”, or the equivalent name in any other language, in trade, as the name of a product if the product is not filtered honey.

• (3) A person trading in filtered honey must not provide information relating to the floral, vegetable, regional, territorial or topographical origin of the product or specific quality criteria for the product.

• (4) A person must not trade in filtered honey in bulk containers or packs unless the product name “filtered honey” is clearly indicated—

• (a) on those containers and packs; and

• (b) on the trade documents relating to the product.

• (5) Nothing in paragraph (1) prevents a person trading in filtered honey from using the name “mêl wedi ei hidlo” in addition to the name “filtered honey”.

• (6) Nothing in paragraph (4) prevents the product name “mêl wedi ei hidlo” from being indicated on the bulk containers and packs and on the trade documents relating to the product in addition to the name “filtered honey”.

• (7) Nothing in paragraphs (1), (4), (5) or (6) prevents the name “filtered honey” from being in any other language in addition to Welsh and English.

Baker’s honey

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• (1) A person trading in baker’s honey must use the name “baker’s honey” in trade as the name of the product.

• (2) A person must not use the name “baker’s honey”, “mêl pobydd”, or the equivalent name in any other language, in trade, as the name of a product if the product is not baker’s honey.

• (3) A person trading in baker’s honey must not provide information relating to the floral, vegetable, regional, territorial or topographical origin of the product or specific quality criteria for the product.

• (4) A person must not trade in baker’s honey unless the words “intended for cooking only” appear on the label of the product in close proximity to the product name.

• (5) A person must not trade in baker’s honey in bulk containers or packs unless the product name “baker’s honey” is clearly indicated—

• (a) on those containers and packs; and

• (b) on the trade documents relating to the product.

• (6) Where baker’s honey is used as an ingredient in a compound foodstuff, the product name “honey” may be used, in trade, in the product name of the compound foodstuff instead of “baker’s honey”.

• (7) Where baker’s honey is used as an ingredient in a compound foodstuff and the name “honey” is used in the product name of the compound foodstuff, a person must not trade in that foodstuff unless the list of ingredients for that foodstuff identifies that honey ingredient using the name “baker’s honey”.

• (8) Nothing in paragraph (1) prevents a person trading in baker’s honey from using the name “mêl pobydd” in addition to the name “baker’s honey”.

• (9) Nothing in paragraph (4) prevents the words “wedi ei fwriadu ar gyfer coginio yn unig” from appearing on the label of the product in addition to the words “intended for cooking only”.

• (10) Nothing in paragraph (5) prevents the product name “mêl pobydd” from being indicated on the bulk containers and packs and on the trade documents relating to the product in addition to the name “baker’s honey”.

• (11) Where baker’s honey is used as an ingredient in a compound foodstuff, nothing in paragraph (6) prevents the product name “mêl” from being used, in trade, in the product name of the compound foodstuff, in addition to the product name “honey”.

• (12) Nothing in paragraph (7) prevents the name “mêl pobydd” from being indicated on the list of ingredients in addition to the name “baker’s honey”.

• (13) Nothing in paragraphs (1), (4), (5), (6), (8), (9), (10), (11) or (12) prevents the relevant names and words from being in any other language in addition to Welsh and English.

PART 3 — Compositional requirements

Compositional requirements

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