The Infant Formula and Follow-on Formula (Wales) (Amendment) Regulations 2021

Made: 25 August 2021

Laid before Senedd Cymru: 26 August 2021

Coming into force: 16 September 2021

There has been open and transparent public 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[^f00004], during the preparation and evaluation of these Regulations.

Title and commencement

1

• (1) The title of these Regulations is the Infant Formula and Follow-on Formula (Wales) (Amendment) Regulations 2021.

• (2) These Regulations come into force on 16 September 2021.

Amendment of the Infant Formula and Follow-on Formula (Wales) Regulations 2020

2

• (1) The Infant Formula and Follow-on Formula (Wales) Regulations 2020[^f00005] are amended as follows.

• (2) After regulation 5(3) (revocations, savings and transitional provisions) insert—

(4) Regulations 2 to 4 do not apply in respect of infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022. (5) Schedule 4 makes provision in relation to infant formula and follow-on formula manufactured from protein hydrolysates until 22 February 2022.

• (3) After Schedule 3 (Revocations relating to Infant Formula and Follow-on Formula) insert the new Schedule 4 set out in the Schedule to these Regulations.

SCHEDULE

Signed

Lynne Neagle — Deputy Minister for Mental Health and Wellbeing under authority of the Minister for Health and Social Services, one of the Welsh Ministers — 25 August 2021

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Infant Formula and Follow-on Formula (Wales) Regulations 2020 (S.I. 2020/89 (W. 13)) (“the 2020 Regulations”) to apply the law that existed before 21 February 2021 in relation to infant formula and follow-on formula manufactured from protein hydrolysates from 16 September 2021 until 22 February 2022.

Regulation 2 amends regulation 5 of the 2020 Regulations to disapply regulations 2 to 4 of the 2020 Regulations from infant formula and follow-on formula manufactured from protein hydrolysates.

Regulation 2 also inserts a new Schedule 4 into the 2020 Regulations. New Schedule 4 contains the regulatory regime that applied to infant formula and follow-on formula manufactured from protein hydrolysates prior to 21 February 2021.

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

Footnotes

[^f00001]: 1990 c. 16. Section 6(4) of the Food Safety Act 1990 (“the 1990 Act”) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40), paragraph 10(1) and (3)(a) and (b) of Schedule 5, and Schedule 6 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”) and S.I. 2002/794. Section 16(1) of the 1990 Act was amended by paragraphs 7 and 8 of Schedule 5 to the 1999 Act. Section 17 of the 1990 Act was amended by paragraphs 7, 8 and 12 of Schedule 5 to the 1999 Act and S.I. 2011/1043. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 48(1) was amended by paragraphs 7 and 8 of Schedule 5 to the 1999 Act.

[^f00002]: Those functions formerly exercisable by “the Ministers” (being, in relation to England and Wales and acting jointly, the Minister of Agriculture, Fisheries and Food and the Secretaries of State respectively concerned with health in England and food and health in Wales) are now exercisable in relation to England by the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Those functions, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672 as read with section 40(3) of the 1999 Act and thereafter transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).

[^f00003]: Section 48(4A) was inserted by section 40(1) of, and paragraph 21 of Schedule 5 to, the 1999 Act.

[^f00004]: 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).

[^f00005]: S.I. 2020/89 (W. 13).

[^f00006]: OJ L 401, 30.12.2006, p. 1, as last amended by Article 1 of Commission Delegated Regulation (EU) 2021/572 amending Commission Delegated Regulation (EU) No 2016/127 to continue the application of Directive 2006/141/EC to infant formula and follow-on formula manufactured from protein hydrolysates until 21 February 2022.

[^f00007]: Section 5(1A) was inserted by paragraph 16 of Schedule 9 to the Local Government (Wales) Act 1994 (c. 19).