The Food and Feed (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022

Made: 15 December 2022

Coming into force: 31 December 2022

paragraph 1(1) of Schedule 2 and paragraph 21(b) of Schedule 7 to the European Union (Withdrawal) Act 2018[^f00001], and

sections 66(1), 74A(1) and 84 of the Agriculture Act 1970[^f00002].

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[^f00004] or, in the case of provisions relating to feed for non food-producing animals, of section 84(1) of the Agriculture Act 1970.

Title and commencement

1

The title of these Regulations is the Food and Feed (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022 and they come into force on 31 December 2022.

Amendment to the Materials and Articles in Contact with Food (Wales) Regulations 2012

2

• (1) The Materials and Articles in Contact with Food (Wales) Regulations 2012[^f00005] are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1), omit the definition of “Directive 2007/42/EC”;

• (b) in paragraph (3)—

• (i) omit “or to an Annex to Directive 2007/42/EC”;

• (ii) omit “or that Annex”.

• (3) In regulation 11, omit paragraph (3).

• (4) In regulation 12—

• (a) in paragraph (1)—

• (i) for “Annex II”, in both places it occurs, substitute “Schedule 6”;

• (ii) for “that Annex” substitute “that Schedule”;

• (b) in paragraph (2), for “the first part of Annex II” substitute “table 1 of Schedule 6”.

• (5) After Schedule 5, insert the Schedule 6 set out in Schedule 1 to these Regulations.

Amendment to the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

3

• (1) The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013[^f00006] are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) omit the definition of “Directive 2009/32”;

• (ii) in the definition of “the EU Regulations”, before “EU” insert “retained”;

• (b) in paragraph (2), omit “EU”;

• (c) in paragraph (3), omit “EU”;

• (d) in paragraph (4), omit “EU” and “Directive 2009/32,”.

• (3) Omit regulation 9.

• (4) In regulation 10(a), for “Annex I” substitute “Schedule 4A”.

• (5) In regulation 11(a)—

• (a) in sub-paragraph (i), for “Annex I” substitute “Schedule 4A”;

• (b) in sub-paragraph (ii), for “that Annex” substitute “Schedule 4A”;

• (c) after sub-paragraph (iii), insert an “and”;

• (d) after sub-paragraph (iv), for “, and” substitute “; or”;

• (e) omit sub-paragraph (v) and the “or” after it.

• (6) In regulation 14(1)(a), for “Annex 1” substitute “Schedule 4A”.

• (7) In regulation 16, before “EU Regulations” insert “retained”.

• (8) In regulation 19(2), before “EU Regulations” insert “retained”.

• (9) After Schedule 4, insert the Schedule 4A set out in Schedule 2 to these Regulations.

Amendment to the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

4

• (1) The Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016[^f00007] are amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1)—

• (i) omit the definitions of “Directive 82/475” and “Directive 2002/32”;

• (ii) in the definition of “feed authority”, for “67(1)” substitute “67(1A)”;

• (b) in paragraph (2), before “EU” insert “retained”;

• (c) in paragraph (3), in both places it occurs, omit “EU”.

• (3) In regulation 12(2), for “the Annex to Directive 82/475” substitute “Schedule 1A”.

• (4) In regulation 13(2)(b), for “appropriate authority” substitute “Welsh Ministers”.

• (5) For the heading of Part 6 substitute—

• (6) In regulation 14, omit paragraph (a) and the “and” after it.

• (7) In regulation 15—

• (a) in paragraph (1)—

• (i) in sub-paragraph (a), for “Annex I” substitute “a table in Schedule 1B”;

• (ii) in the words after sub-paragraph (b), for “Annex” substitute “table”;

• (b) in paragraph (2)—

• (i) in sub-paragraph (a), for “Annex I” substitute “a table in Schedule 1B”;

• (ii) in sub-paragraph (b), for “Annex” substitute “table”;

• (c) in paragraph (3)—

• (i) for “Annex I” substitute “a table in Schedule 1B”;

• (ii) for “Annex”, in the second place it occurs, substitute “table”;

• (d) in paragraph (5)—

• (i) for “Annex I” substitute “a table in Schedule 1B”;

• (ii) for “Annex”, in the second place it occurs, substitute “table”;

• (e) in paragraph (7)—

• (i) after sub-paragraph (c) omit the “and”;

• (ii) after sub-paragraph (d) insert—

(e) peat; (f) leonardite.

• (f) after paragraph (8) insert—

(9) In order to reduce or eliminate sources of undesirable substances in products intended for animal feed, feed authorities must carry out investigations to identify the sources of undesirable substances, in cases where the maximum levels are exceeded and in cases where increased levels of such substances are detected, taking into account background levels. (10) In cases of increased levels of undesirable substances listed in Schedule 1C, action thresholds to trigger investigations are set out in that Schedule. (11) Feed authorities must send to the Agency all relevant information and findings of the source and the measures taken to reduce the level of, or eliminate, undesirable substances.

• (8) After regulation 15 insert—

(15A) (1) Where paragraph (2) applies, the Welsh Ministers may, by regulations, make provision to amend, add, or remove an entry in Schedule 1B or 1C. (2) This paragraph applies where— (a) the Welsh Ministers consider that the presence in feed of an undesirable substance not listed in Schedule 1B, or at a level permitted in accordance with Schedule 1B, presents, or would present, a danger to animal or human health or to the environment, or (b) the Welsh Ministers consider it necessary in order to adapt to scientific and technical developments. (3) The Welsh Ministers may, by regulations, define acceptability criteria for detoxification processes through which an undesirable substance listed in Schedule 1B is on purpose removed from feed. (4) A power to make regulations under this regulation— (a) is exercisable by statutory instrument; (b) includes the power to make different provision for different purposes; (c) includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision (including provision amending, repealing or revoking enactments or retained direct EU legislation). (5) A statutory instrument that contains regulations under this regulation is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (9) After Schedule 1 insert the Schedules 1A, 1B and 1C set out in Schedule 3 to these Regulations.

Amendment to the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016

5

• (1) The Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016[^f00008] is amended as follows.

• (2) In regulation 2—

• (a) in paragraph (1), in the definition of “feed authority”, for “67(1)” substitute “67(1A)”;

• (b) in paragraph (5)—

• (i) in the English language text, for “an” substitute “a”;

• (ii) in both places it occurs, omit “EU”.

• (3) In regulation 4(1)(a), for “20(2), 21(1) and 22(2)(b)” substitute “19(3) and (7) and 21(1)”.

• (4) In regulation 30(1)(b), for “Article 4.2 of Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed” substitute “regulation 15(9) of the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016”.

SCHEDULE 1 — New Schedule 6 to the Materials and Articles in Contact with Food (Wales) Regulations 2012

SCHEDULE 2 — New Schedule 4A to the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

SCHEDULE 3 — New Schedules 1A, 1B and 1C to the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016

Signed

Lynne Neagle — Deputy Minister for Mental Health and Wellbeing, under the authority of the Minister for Health and Social Services, one of the Welsh Ministers — 15 December 2022

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations are principally made in exercise of the powers conferred by paragraph 1(1) of Schedule 2, and paragraph 21(b) of Schedule 7, to the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies arising from the withdrawal of the United Kingdom from the European Union.

Regulations 4(2)(a)(ii) and 5(2)(a) are made in exercise of the powers conferred by sections 66(1), 74A(1) and 84 of the Agriculture Act 1970, in order to correct existing errors.

These Regulations make amendments to various Welsh statutory instruments relating to food and feed. In particular, the amendments remove cross-references to EU Directives and transpose certain Annexes to those Directives, as they had effect immediately before implementation period completion day (11.00 p.m., 31 December 2020), as new Schedules to the instruments concerned.

Regulation 2 (and Schedule 1) amends the Materials and Articles in Contact with Food (Wales) Regulations 2012 (S.I. 2012/2705 (W. 291)). In particular, Annex 2 to Directive 2007/42/EC relating to materials and articles made of regenerated cellulose film intended to come into contact with foodstuffs (OJ No L 172, 30.6.2007, p. 71–82) is transposed into the Regulations as a new Schedule 6.

Regulation 3 (and Schedule 2) amends the Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013 (S.I. 2013/2591 (W. 255)). In particular, Annex 1 to Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ No L 141, 6.6.2009, p. 3–11) is transposed into the Regulations as a new Schedule 4A.

Regulation 4 (and Schedule 3) amends the Animal Feed (Composition, Marketing and Use) (Wales) Regulations 2016 (S.I. 2016/386 (W. 120)). In particular—

• the Annex to Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feedingstuffs for pet animals (OJ No L 213, 21.7.1982, p. 27–28) is transposed into the Regulations as a new Schedule 1A;

• Annexes 1 and 2 to Directive 2002/32/EC of the European Parliament and of the Council on undesirable substances in animal feed (OJ No L 140, 30.5.2002, p. 10–22) are transposed into the Regulations as new Schedules 1B and 1C;

• the tertiary legislation-making powers of the EU Commission in Articles 7 and 8 of Directive 2002/32/EC to amend the lists of undesirable substances in Annexes 1 and 2 that Directive, and to define acceptability criteria for detoxification processes, are retained. Regulation 4(8) inserts a new Regulation 15A into the Regulations, conferring corresponding regulation-making powers on the Welsh Ministers, exercisable in relation to Wales.

Regulation 5 makes minor amendments to the Animal Feed (Hygiene, Sampling etc. and Enforcement) (Wales) Regulations 2016 (S.I. 2016/387 (W. 121)).

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]: 2018 c. 16. See section 20(1) for the meaning of “devolved authority”. Paragraph 21 of Schedule 7 was amended by section 41(4) of, and paragraphs 38 and 53(2) of Schedule 5 to, the European Union (Withdrawal Agreement) Act 2020 (c. 1).

[^f00002]: 1970 c. 40. See section 66(1) for the meaning of “the Ministers”, “prescribed” and “regulations”. Functions formerly exercisable by “the Ministers”, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by S.I. 1999/672, and subsequently transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32). Section 74A was inserted by paragraph 6 of Schedule 4 to the European Communities Act 1972 (c. 68). Section 84 was amended by S.I. 2004/3254.

[^f00003]: The references in the European Union (Withdrawal) Act 2018 to the National Assembly for Wales now have effect as references to Senedd Cymru by virtue of section 150A(2) of the Government of Wales Act 2006 (c. 32). See paragraph 38 of Schedule 7 to the European Union (Withdrawal) Act 2018 for provision about the procedure that applies to this instrument.

[^f00004]: EUR 2002/178, to which there are amendments not relevant to these Regulations.

[^f00005]: S.I. 2012/2705 (W. 291), amended by S.I. 2017/832 (W. 202), 2018/913 (W. 179) and 2019/425 (W. 99); there are other amending instruments but none is relevant.

[^f00006]: S.I. 2013/2591 (W. 255), amended by S.I. 2020/1581 (W. 331); there are other amending instruments but none is relevant.

[^f00007]: S.I. 2016/386 (W. 120), amended by S.I. 2018/806 (W. 162), 2019/1046 (W. 185) and 2020/1381 (W. 307); there is another amending instrument not relevant to these Regulations.

[^f00008]: S.I. 2016/387 (W. 121), amended by S.I. 2018/806 (W. 162), 2020/1381 (W. 307), 2020/1487 (W.317); there are other amending instruments but none is relevant.