The Food (Provisions relating to Labelling) (Wales) Regulations 2004 (revoked)

E+W

Welsh Statutory Instruments

2004 No. 249 (W.26)

FOOD, WALES

The Food (Provisions relating to Labelling) (Wales) Regulations 2004

Made

4th February 2004

Coming into force in accordance with regulation 1(2)

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(e) and (f), 17(1), 26(1) and (3) and 48(1) of the Food Safety Act 1990 F1 and now vested in it F2, having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation both as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council F3 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 and in accordance with section 48(4) and (4B) of that Act, makes the following Regulations:

F2Functions formerly exercisable by "the Secretary of State" so far as exercisable in relation to Wales were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as read with section 40(3) of the Food Standards Act 1999 (1999 c. 28).

F3OJ No. L31, 1.2.2002, p.1.

Title, application and commencementE+W

1.   

(1) These Regulations may be cited as the Food (Provisions relating to Labelling) (Wales) Regulations 2004; they apply to Wales only.

(2) These Regulations come into force on 13th February 2004 except for regulations 5 to 7 which come into force on 1st July 2004.

Amendment of the Food Labelling Regulations 1996E+W

2.  The Food Labelling Regulations 1996 F4 shall be amended (in so far as they apply to Wales) in accordance with regulations 3 to 7.

F4S.I. 1996/1499; relevant amending instruments are S.I. 1998/1398, 1999/747, 1136, 1483, 2000/768, 2254, 2000/1925.

3.  In regulation 2(1) (interpretation) —

(a)in the definition of “Directive 94/54”, for the words “Directive 79/112” there shall be substituted the words “ Directive 2000/13 ”;

(b)after the definition of “Directive 99/2” there shall be inserted the following definition —

Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council F5 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC F6, (which was itself amended by Commission Directive 2002/86/EC F7) and as further amended by Commission Directive 2003/89/EC F8, and as read with Commission Directive 1999/10/EC F9 providing for derogations from the provisions of Article 7 of Directive 2000/13 and Commission Directive 2002/67/EC F10 on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;.

F5OJ No. L109, 6.5.2000, p.29, as corrected by a Corrigendum (OJ No. L124, 25.5.2000, p.66).

F6OJ No. L310, 28.11.2001, p.19.

F7OJ No. L305, 7.11.2002, p.19.

F8OJ L308, 25.11.2003, p.15.

F9OJ No. L69, 16.3.1999, p.22.

F10OJ No. L191, 19.7.2002, p.20.

4.  In the following provisions —

  • regulation 3(1)(i) (exemptions),

  • regulation 19(2)(a)(i) (indication of quantities of certain ingredients or categories of ingredients),

  • regulation 47(b) (defence in relation to exports),

  • for the words “Directive 79/112” there shall be substituted the words “ Directive 2000/13 ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Genetically Modified and Novel Foods (Labelling) (Wales) Regulations 2000E+W

8.  In the Genetically Modified and Novel Foods (Labelling) (Wales) Regulations 2000 F11

(a)in regulation 2(1) (interpretation) —

(i)there shall be substituted for the definition of “Directive 79/112” the following definition —

Directive 2000/13” (“Cyfarwyddob 2003/13”) means Directive 2000/13/EC of the European Parliament and of the Council F12 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC F13, which was itself amended by Commission Directive 2002/86/EC F14) and as further amended by Commission Directive 2003/89/EC F15;;

(ii)in the definition of “Regulation 1139/98” there shall be substituted for the expression “Directive 79/112/EEC” the expression “ Directive 2000/13 ”;

(b)in regulation 3(1) (exemptions) and regulation 9(b) (defence in relation to exports) there shall be substituted for the expression “Directive 79/112” the expression “ Directive 2000/13 ”.

F11S.I. 2000/1925 (W. 134).

F12OJ No. L109, 6.5.2000, p.29, as corrected by a Corrigendum (OJ No. L124, 25.5.2000, p.66).

F13OJ No. L310, 28.11.2001, p.19.

F14OJ No. L305, 7.11.2002, p.19.

F15OJ No. L308, 25.11.2003, p.15.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 F16

D. Elis-Thomas

The Presiding Officer of the National Assembly

4th February 2004

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Food Labelling Regulations 1996, as amended, ("the 1996 Regulations") in so far as they apply to Wales. Those Regulations extend to the whole of Great Britain.E+W

2.  These Regulations implement in Wales Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine. Directive 2002/67/EC has to be read with Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. These Regulations require information to be given —E+W

(a)in the ingredients list of foods as to the presence of any quinine or caffeine added or used as a flavouring (regulation 5);

(b)on the labelling or marking of drinks containing a high level of caffeine, with some exceptions (regulation 6).

These requirements apply with effect from 1st July 2004 (regulation 1(2)). The Regulations contain a transitional provision (regulation 7).

3.  With effect from 13th February 2004 the Regulations also update various references in the 1996 Regulations and in the Genetically Modified and Novel Foods (Labelling) (Wales) Regulations 2000 to Council Directive 79/112/EEC which was consolidated by Directive 2000/13/EC, as amended (regulations 1(2), 3, 4 and 8).E+W

4.  A regulatory impact assessment has been prepared and placed in the Library of the National Assembly for Wales together with a Transposition Note setting out how the main elements of Directive 2002/67/EC are transposed in these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.E+W