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

Made: 8 December 2020

Laid before Senedd Cymru: 10 December 2020

Coming into force: 31 December 2020

There has been open and transparent public consultation during the preparation of these Regulations in accordance with 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[^f00005].

Title 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.

The Food Hygiene (Wales) Regulations 2006

2

• (1) The Food Hygiene (Wales) Regulations 2006[^f00006] 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.

The Official Feed and Food Controls (Wales) Regulations 2009

3

• (1) The Official Feed and Food Controls (Wales) Regulations 2009[^f00007] 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[^f00008];

• (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—

(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.

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

4

• (1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016[^f00009] 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 [^f00010];

• “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 [^f00011];

• (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

SCHEDULE 1 — Schedule to be substituted for Schedule 1 to the Food Hygiene (Wales) Regulations 2006

SCHEDULE 2 — Schedule to be substituted for Schedule 1 to the Official Feed and Food Controls (Wales) Regulations 2009

SCHEDULE 3 — Schedule to be substituted for Schedule 4 to the Official Feed and Food Controls (Wales) Regulations 2009

SCHEDULE 4 — Schedule to be substituted for Schedule 5 to the Official Feed and Food Controls (Wales) Regulations 2009

SCHEDULE 5 — Schedule to be substituted for Schedule 6 to the Official Feed and Food Controls (Wales) Regulations 2009

Signed

Eluned Morgan — Minister for Mental Health, Wellbeing and Welsh Language, one of the Welsh Ministers — 8 December 2020

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make amendments to legislation in the field of feed and food safety and hygiene to provide for the implementation and enforcement of 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 2 replaces and updates the list of EU Regulations set out in Schedule 1 to the Food Hygiene (Wales) Regulations 2006 (S.I. 2006/31 (W. 5)), and makes consequential amendments as a result of the updated list.

Regulation 3 amends the Official Feed and Food Controls (Wales) Regulations 2009 (S.I. 2009/3376 (W. 298)).

• Paragraphs (2) and (8) replace and update the list of EU regulations set out in Schedule 1 to those Regulations, and make incidental and consequential amendments as a result of the updated list.

• Paragraph (3) substitutes a revised definition of “product” in regulation 22. Paragraph (4), makes a consequential amendment as a result of the revised definition.

• Paragraph (5) amends regulation 36 to make provision for the payment of costs of official controls under Article 79(2)(a) of Regulation 2017/625 in respect of Part 3. Paragraph (7) inserts a new regulation 42A into Part 4 that makes provision for the payment of costs of official controls under Article 79(2)(c) of Regulation 2017/625.

• Paragraph (6) amends regulation 41(1A) to replace the reference to Article 3 of Regulation (EU) No. 211/2013, which has been repealed and replaced by Regulations (EU) 2019/625 and 2019/628 (part of the package of Regulations made under Regulation (EU) 2017/625).

• Paragraphs (9) and (10) substitute new Schedules 4 and 5 respectively to correct errors in the existing Schedules.

• Paragraph (11) substitutes a new Schedule 6 to update the list of ‘specified import provisions’.

Regulation 4 updates references to EU instruments in the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387 (W. 121)). In particular, it replaces references to Regulation (EC) No. 882/2004 and Regulation (EC) No. 669/2009, which have respectively been repealed and replaced by Regulation (EU) 2017/625 and Regulation (EU) 2019/1793.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.

Footnotes

[^f00001]: 1972 c. 68. The European Communities Act 1972 (“the 1972 Act”) was repealed by section 1 of the European Union (Withdrawal) Act 2018 (c. 16) (“the 2018 Act”) with effect from exit day. “Exit day” is defined in section 20 of the 2018 Act as 31 January 2020 at 11pm. Despite that repeal the 1972 Act continues to have effect with modifications until IP completion day, by virtue of section 1A of the 2018 Act. Section 1A was inserted by section 1 of the European Union (Withdrawal Agreement) Act 2020 (c. 1) (“the 2020 Act”). “IP completion day” is defined in section 1A by reference to the meaning given in section 39 of the 2020 Act (31 December 2020 at 11pm). Section 2(2) of the 1972 Act was also previously amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7). Paragraph 1A of Schedule 2 to the 1972 Act was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

[^f00002]: S.I. 2005/1971, amended by S.I. 2005/2766. The functions conferred on the National Assembly for Wales by this designation are transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 28 and 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). The designation does not extend to measures concerning feed containing medicinal products (including growth regulators) or medicinal products when destined for use in feed except stabilisers, or substances which favourably affect the environment. S.I. 2005/1971 is prospectively revoked by S.I. 2018/1011 from implementation period completion day.

[^f00003]: S.I. 2008/1792, which is prospectively revoked by S.I. 2018/1011 from implementation period completion day.

[^f00004]: S.I. 2010/2690. The designation does not extend to making provision in respect of feed that contains medicinal products destined for use in feed, except provision concerning substances that favourably affect the environment, digestibility enhancers, or gut flora stabilisers. S.I. 2010/2690 is prospectively revoked by S.I. 2018/1011 from implementation period completion day.

[^f00005]: OJ No. L 31, 1.2.2002, p. 1, as last amended by Regulation (EU) 2019/1243 of the European Parliament and of the Council (OJ No. L 198, 25.7.2019, p. 241).

[^f00006]: S.I. 2006/31 (W. 5), amended by S.I. 2019/1482; there are other amending instruments but none is relevant to these Regulations.

[^f00007]: S.I. 2009/3376 (W. 298), amended by S.I. 2011/1043, 2019/1482 (W. 266); there are other amending instruments but none is relevant to these Regulations.

[^f00008]: OJ No. L 116, 4.5.2007, p. 9, as last amended by Commission Implementing Regulation (EU) 2019/2007 of 18 November 2019 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the lists of animals, products of animal origin, germinal products, animal by-products and derived products and hay and straw subject to official controls at border control posts (OJ No. L 312, 3.12.19, p. 1).

[^f00009]: S.I. 2016/387 (W. 121), amended by S.I. 2018/40 (W. 12), 2018/806 (W. 162) and 2019/1482 (W. 266).

[^f00010]: OJ No. L 95, 7.4.2017, p. 1, as last amended by Commission Delegated Regulation (EU) 2019/2127 of 10 October 2019 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the date of application of certain provisions of Council Directives 91/496/EEC, 97/78/EC and 2000/29/EC (OJ No. L 321, 12.12.2019, p.111).

[^f00011]: OJ L 277, 29.10.2019, p. 89, as last amended by Commission Implementing Regulation (EU) 2020/1540 of 22 October 2020 in relation to sesamum seeds originating in India. (OJ No. L 353, 23.10.20, p. 4).

[^f00012]: OJ No. L 157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L 195, 2.6.2004, p. 12).

[^f00013]: OJ No. L 31, 1.2.2002, p. 1.

[^f00014]: OJ No. L 139, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 3) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

[^f00015]: OJ No. L 139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (OJ No. L 226, 25.6.2004, p. 22) which should be read with a further Corrigendum (OJ No. L 204, 4.8.2007, p. 26).

[^f00016]: OJ No. L 271, 15.10.2005, p. 17.

[^f00017]: OJ No. L 338, 22.12.2005, p. 1, as read with the Corrigenda at OJ No. L 278, 10.10.2006, p. 32 and OJ No. L 283, 14.10.2006, p. 62.

[^f00018]: OJ No. L 338, 22.12.2005, p. 27.

[^f00019]: OJ No. L 242, 20.9.2011, p. 2.

[^f00020]: OJ No. L 304, 22.11.2011, p. 18.

[^f00021]: OJ No. L 68, 12.3.2013, p. 16.

[^f00022]: OJ No. L 68, 12.3.2013, p. 24.

[^f00023]: OJ No. L 160, 29.5.2014, p. 14.

[^f00024]: OJ No. L 212, 11.8.2015, p. 7.

[^f00025]: OJ No. L 29, 3.2.2017, p. 21.

[^f00026]: OJ No. L 95, 7.4.2017, p. 1.

[^f00027]: OJ No. L 82, 25.3.2019, p. 4.

[^f00028]: OJ No. L 131, 17.5.2019, p. 1.

[^f00029]: OJ No. L 131, 17.5.2019, p. 18.

[^f00030]: OJ No. L 131, 17.5.2019, p. 31.

[^f00031]: OJ No. L 131, 17.5.2019, p. 51.

[^f00032]: OJ No. L 131, 17.5.2019, p. 101.

[^f00033]: OJ No. L 165, 21.6.2019, p. 4.

[^f00034]: OJ No. L 165, 21.6.2019, p. 8.

[^f00035]: OJ No. L 165, 21.6.2019, p. 10.

[^f00036]: OJ No. L 171, 26.6.2019, p. 1.

[^f00037]: OJ No. L 250, 30.9.2019, p. 6.

[^f00038]: OJ No. L 255, 4.10.2019, p. 1.

[^f00039]: OJ No. L 261, 14.10.2019, p. 37.

[^f00040]: OJ No. L 277, 29.10.2019, p. 89.

[^f00041]: OJ No. L 289, 8.11.2019, p. 50.

[^f00042]: OJ No. L 312, 3.12.2019, p. 1.

[^f00043]: OJ No. L 316, 6.12.2019, p. 6.

[^f00044]: OJ No. L 321, 12.12.2019, p. 45.

[^f00045]: OJ No. L 321, 12.12.2019, p. 64.

[^f00046]: OJ No. L 321, 12.12.2019, p. 73.

[^f00047]: OJ No. L 321, 12.12.2019, p. 104.

[^f00048]: OJ No. L 321, 12.12.2019, p. 122.

[^f00049]: OJ No. L 321, 12.12.2019, p. 128.

[^f00050]: OJ No. L 98, 31.3.2020, p. 30.

[^f00051]: OJ No. L 257, 6.8.2020, p. 1.

[^f00052]: OJ No. L 157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p. 12).

[^f00053]: OJ No. L 157, 30.4.2004, p. 33.

[^f00054]: OJ No. L 31, 1.2.2002, p. 1.

[^f00055]: OJ No. L 139, 30.4.2004, p. 1.

[^f00056]: OJ No. L 139, 30.4.2004, p. 55.

[^f00057]: OJ No. L 271, 15.10.2005, p. 17

[^f00058]: OJ No. L 338, 22.12.2005, p. 1.

[^f00059]: OJ No. L 338, 22.12.2005, p. 27.

[^f00060]: OJ No. L 29, 3.2.2017, p. 21.

[^f00061]: OJ No. L 95, 7.4.2017, p. 1.

[^f00062]: OJ No. L 82, 25.3.2019, p. 4.

[^f00063]: OJ No. L 131, 17.5.2019, p. 1.

[^f00064]: OJ No. L 131, 17.5.2019, p. 18.

[^f00065]: OJ No. L 131, 17.5.2019, p. 31.

[^f00066]: OJ No. L 131, 17.5.2019, p. 51.

[^f00067]: OJ No. L 131, 17.5.2019, p. 101.

[^f00068]: OJ No. L 165, 21.6.2019, p. 4.

[^f00069]: OJ No. L 165, 21.6.2019, p. 8.

[^f00070]: OJ No. L 165, 21.6.2019, p. 10.

[^f00071]: OJ No. L 171, 26.6.2019, p. 1.

[^f00072]: OJ No. L 250, 30.9.2019, p. 6.

[^f00073]: OJ No. L 255, 4.10.2019, p. 1.

[^f00074]: OJ No. L 261, 14.10.2019, p. 37.

[^f00075]: OJ No. L 277, 29.10.2019, p. 89.

[^f00076]: OJ No. L 289, 8.11.2019, p. 50.

[^f00077]: OJ No. L 312, 3.12.2019, p. 1.

[^f00078]: OJ No. L 316, 6.12.2019, p. 6.

[^f00079]: OJ No. L 321, 12.12.2019, p. 45.

[^f00080]: OJ No. L 321, 12.12.2019, p. 64.

[^f00081]: OJ No. L 321, 12.12.2019, p. 73.

[^f00082]: OJ No. L 321, 12.12.2019, p. 104.

[^f00083]: OJ No. L 321, 12.12.2019, p. 122.

[^f00084]: OJ No. L 321, 12.12.2019, p. 128.

[^f00085]: OJ No. L 98, 31.3.2020, p. 30.

[^f00086]: OJ No. L 257, 6.8.2020, p. 1.