2011 No. 465 (W.70)
The Food Labelling (Declaration of Allergens) (Wales) Regulations 2011
Made
Laid before the National Assembly for Wales
Coming into force
The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(e), 17(1), 26(1)(a) and 48(1) of the Food Safety Act 1990 F1, and now vested in them F2.
In accordance with section 48(4A) of that Act, they have had regard to relevant advice given by the Food Standards Agency.
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 F3, there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
Functions of “the Ministers”, 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 and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32).
OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468 with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny — Part Four (OJ No. L188, 18.7.2009, p.14).
Title, application and commencement1
1
The title of these Regulations is the Food Labelling (Declaration of Allergens) (Wales) Regulations 2011.
2
These Regulations apply in relation to Wales and they come into force on 17 March 2011.
Amendment of the Food Labelling Regulations 19962
1
The Food Labelling Regulations 1996 F4 are amended (in so far as they apply in relation to Wales) in accordance with paragraph (2).
2
In regulation 50 (transitional provision), for paragraph (15) substitute the following—
15
In any proceedings for an offence under regulation 44(1)(a) it shall be a defence to prove that—
a
i
in the case of wine in which lysozyme (produced from egg) is used, or in which albumin (produced from egg) or a milk (casein) product has been used as a fining agent, the food concerned was sold before 30 June 2012 or marked or labelled before that date, or
ii
in the case of any other food, the food concerned was sold before 31 May 2009 or marked or labelled before that date; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2 of the Food Labelling (Declaration of Allergens) (Wales) Regulations 2011 had not been in operation when the food was sold.
Revocation3
The Food Labelling (Declaration of Allergens) (Wales) Regulations 2009 F5are revoked.
1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), (“the 1999 Act”). Section 48 was also amended by S.I. 2004/2990. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act, S.I. 2004/2990 and S.I. 2004/3279.