The Addition of Vitamins, Minerals and Other Substances (Wales) (Amendment) Regulations 2020

Publication Date:January 01, 2020
 
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2020No. 257 (W. 59)

FOOD, WALES

The Addition of Vitamins, Minerals and Other Substances (Wales) (Amendment) Regulations 2020

Made10March2020

Laid before the National Assembly for Wales12March2020

Coming into force3April2020

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(1)(a) and (f), 17(2), 26(1)(a) and (3) and 48(1) of the Food Safety Act 1990( 1) and now vested in them( 2) and section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972( 3).

The Welsh Ministers have been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food( 4). These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972, and it appears to the Welsh Ministers that it is expedient for certain references to provisions of Regulation (EC) No 2016/128( 5) to be construed as references to those provisions as amended from time to time.

The Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the Food Safety Act 1990( 6).

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( 7), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Title and commencement

1. —(1) The title of these Regulations is the Addition of Vitamins, Minerals and Other Substances (Wales) (Amendment) Regulations 2020.

(2) These Regulations come into force on 3 April 2020.

Amendment of the Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007

2. —(1) The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007( 8) are amended as follows.

(2) In regulation 2(1) (interpretation), in the definition of ““the EC Regulation”” (“y Rheoliad CE”) for “I or II” substitute “1, 2 or 3”.

(3) In regulation 4(2) (offences and penalties)—

(a) at the end of sub-paragraph (d) omit “and”;

(b) at the end of sub-paragraph (e) for “.” substitute “;”;

(c) after sub-paragraph (e) insert—

“(f) Article 8(2)(a)(i) (prohibition of the addition of a substance listed in Annex 3, Part A to foods or its use in the manufacture of foods);

(g) Article 8(2)(a)(ii) (prohibition of the addition of a substance listed in Annex 3, Part B to foods or its use in the manufacture of foods unless that substance is added or used in accordance with the conditions specified in that Part).”

(4) After regulation 4 insert—

“Transitional provision in relation to food containing substance listed in Annex 3, Part B

4A. An offence is not committed under paragraph (1) of regulation 4 by virtue of paragraph (2)(g) of that regulation in respect of the addition of a substance to, or its use in the manufacture of, any food if—

(a) the food is placed on the market before 1 April 2021; and

(b) the substance concerned falls within the entry in Annex 3, Part B relating to trans fat other than trans fat naturally occurring in fat of animal origin.”

10 March 2020

Vaughan Gething

Minister for Health and Social Services, one of the Welsh Ministers

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Addition of Vitamins, Minerals and Other Substances (Wales)...

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