# The Food Information (Wales) Regulations 2014

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U.K.

Welsh Statutory Instruments

# 2014 No. 2303 (W. 227)

Food, Wales

# The Food Information (Wales) Regulations 2014

Made

28 August 2014

Laid before National Assembly for Wales

29 August 2014

Coming into force in accordance with regulation 1(3) to (6)

The following Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 F1 and it appears to the Welsh Ministers that it is expedient for references to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations                           (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004F2 in particular provisions of these Regulations to be construed as references to that Regulation as amended from time to time.                        

The Welsh Ministers are designated for the purposes of section 2(2) of the European Communities Act 1972—

in relation to measures relating to food (including drink) F3;                                    

in relation to the common agricultural policy F4.                                    

So far as the following Regulations are made in exercise of powers under the Food Safety Act 1990 F5, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A)                           F6 of that Act.                        

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 F7, during the preparation and evaluation of the following Regulations.                        

The Welsh Ministers make the following Regulations in exercise of the powers conferred by—

so far as relating to regulation 2(3) and Schedule 1, paragraph 1A of Schedule 2 to the European Communities Act 1972 F8;                                    

so far as relating to regulations 13 and 14 and Schedules 6 and 7—

section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972;

sections 6(4), 16(1), 17, 18, 26, 45 and 48(1) of, and paragraphs 1 and 4(b) of Schedule 1 to, the Food Safety Act 1990 F9 and now vested in the Welsh Ministers F10; and                                             

sections 4(1), (2), (3), (4) and (8) and 10 of the Healthy Eating in Schools (Wales) Measure 2009 F11; and                                             

so far as relating to the remaining regulations and Schedules, sections 6(4), 16(1)(e), 17(1) and (2), 26(3) and 48(1) of                                       the Food Safety Act 1990 and now vested in the Welsh Ministers.                                    

F11972 c. 68; section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c. 51) and Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c. 7).

F2OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

F3S.I. 2005/1971, functions of the National Assembly for Wales were transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the                              Government of Wales Act 2006 (2006 c. 32).

F4S.I. 2010/2690.

F51990 c. 16.

F6Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

F7OJ No L 31, 1.2.2002, p 1, last amended by Commission Regulation (EC) No 596/2009 (OJ No L 188, 18.7.2009, p 14).

F81972 c.68 Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part                              1 of the Schedule to the European Union (Amendment) Act 2008 and S.I. 2007/1388.

F91990 c.16 Section 6(4) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40) and paragraph 10(1) and (3) of Schedule 5 to the Food Standards Act 1999 (“the 1999 Act”) and partially repealed by Schedule 6 to the 1999 Act and S.I. 2002/794. Section 16(1) was amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 17 was amended by paragraphs 8 and 12 of                              Schedule 5 to the 1999 Act and S.I. 2011/1043. Section 18 was amended by paragraphs 8 and 13 of Schedule 5 to the 1999 Act. Section 26 was partially repealed by Schedule                              6 to the 1999 Act. Section 45 was amended by paragraphs 8 and 20 of Schedule 5 to the 1999 Act. Section 48(1) was amended                              by paragraph 8 of Schedule 5 to the 1999 Act.

F10Functions 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 as read with section 40(3) of the 1999 Act, and subsequently transferred to the Welsh Ministers by paragraph 30 of Schedule                              11 to the Government of Wales Act 2006 (c. 32).

F112009 nawm 3.

## Title, application and commencementU.K.

1.—(1) The title of these Regulations is the Food Information (Wales) Regulations 2014.                  

(2) These Regulations apply in relation to Wales.

(3) Except as provided for in paragraphs (4) to (6), these Regulations come into force on 13 December 2014.

(4) For the purposes of the following provisions, these Regulations come into force on 19 September 2014—

(a)regulation 4;                  

(b)regulation 12 and Schedule 4 so far as (by applying, with some modifications, specified provisions of the Act) they enable                        an improvement notice to be served on a person requiring that person to comply with the provision of FIC specified in Part                        1 of Schedule 5 and an appeal against such a notice to be made and dealt with, and make the failure to comply with such an                        improvement notice an offence;                  

(c)regulation 14 so far as it relates to Part 1 of Schedule 7;                  

(d)Schedule 2;                  

(e)Part 1 of Schedule 5; and                  

(f)Part 1 of Schedule 7.                  

(5) For the purposes of the following provisions, these Regulations come into force on 13 December 2016—

(a)Part 3 of Schedule 5; and                  

(b)regulation 12 and Schedule 4 so far as (by applying, with some modifications, specified provisions of the Act) they enable                        an improvement notice to be served on a person requiring that person to comply with the provision of FIC specified in Part                        3 of Schedule 5 and an appeal against such a notice to be made and dealt with, and make the failure to comply with such an                        improvement notice an offence.                  

(6) For the purposes of Part 2 of Schedule 6, and regulation 13 so far as it relates to that Part of Schedule 6, these Regulations                     come into force on 13 December 2018.                  

## Derogation relating to milk and milk productsU.K.

3.  The requirements laid down in Articles 9(1) and 10(1) do not apply to milk or milk products presented in a glass bottle where                     the glass bottle is intended for reuse.                  

## Derogation relating to minced meatU.K.

4.—(1) The requirements laid down in point 1 of Part B of Annex VI do not prevent minced meat that does not comply with those requirements being placed on the market using a minced meat designation                     if the national mark in Part 1 of Schedule 2 appears on the labelling.                  

(2) Part 2 of Schedule 2 applies to the form of the national mark.

(3) In paragraph (1)—

“on the labelling” (“*ar y label*”) has the same meaning as in point 2 of Part B of Annex VI as read with the definition of “labelling” in Article 2(2)(j);                  

“placed on the market” (“*ei osod ar y farchnad*”) is to be construed taking into account the meaning of “placing on their national market” as used in point 3 of Part B of                     Annex VI.                  

## Foods that are not prepacked etc. containing meat and other ingredientsU.K.

7.—(1) A food business operator who offers for sale a food to which this regulation applies must provide the particulars required                     by Article 9(1)(d) (quantity of certain ingredients), as read with Article 22 and Annex VIII, in respect of the ingredients in the food that are meat.                  

(2) This regulation applies to a food (other than a food specified in Schedule 3) that is offered for sale to a final consumer                     or a mass caterer, contains meat and any other ingredient and is—                  

(a)not prepacked,                  

(b)packed on the sales premises at the consumer's request, or                  

(c)prepacked for direct sale.                  

(3) This regulation does not apply to a food prepared to be ready for consumption by a final consumer that is offered for sale                     to a final consumer by a mass caterer (whether at a mass catering establishment where sales are made in person to a final                     consumer or by means of distance communication) as part of their business as a mass caterer.                  

(4) The quantity of meat specified in the particulars mentioned in paragraph (1) is to be determined taking into account the provisions                     relating to total fat and connective tissue content in point 17 of Part B of Annex VII, including any downward adjustment needed in a case where the total fat and connective tissue content in the food exceeds                     the values indicated in the table in that point.                  

(5) The particulars must appear—

(a)on a label attached to the food, or                  

(b)on a notice, ticket or label that is readily discernible by an intending purchaser at the place where the intending purchaser                        chooses that food.                  

(6) Paragraph (5) does not apply in the case of an offer for sale made by means of distance communication.

(7) In this regulation—

“meat” (“*ci*g”) means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included                     or adherent tissue but does not include mechanically separated meat; and                  

“mechanically separated meat” (“*cig a wahenir yn fecanyddol*”) has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin F13.                  

## Irradiated foodsU.K.

8.—(1) Any person who places on the market, in bulk, a product to which this paragraph applies must ensure that the relevant indication                     appears, together with the name of the product, on a display or notice above or beside the container in which the products                     are placed on the market.                  

(2) Paragraph (1) applies to—

(a)a product intended for the ultimate consumer or mass caterers that has been treated with ionising radiation, and                  

(b)a product intended for the ultimate consumer or mass caterers that contains an ingredient that has been treated with ionising                        radiation.                  

(3) Any person who places on the market a product to which this paragraph applies must ensure that the relevant indication appears                     in the list of ingredients of that product to indicate the ingredient that has been irradiated.                  

(4) Paragraph (3) applies to a product intended for the ultimate consumer or mass caterers—

(a)containing a compound ingredient in a case where an ingredient of that compound ingredient has been treated with ionising                        radiation, and                  

(b)to which, in relation to that compound ingredient, the provisions of point 2 of Part E of Annex VII (setting out cases where                        a list of ingredients for compound ingredients is not compulsory) would, but for the requirement in paragraph (3), apply.                  

(5) The relevant indication is the word “irradiated” or the words “treated with ionising radiation”.

(6) This regulation does not apply to—

(a)a product exposed to ionising radiation generated by measuring or inspection devices, provided the dose absorbed is not greater                        than 0.01 Gy for inspection devices which utilise neutrons and 0.5 Gy in other cases, at a maximum radiation energy level                        of 10 MeV in the case of X-rays, 14 MeV in the case of neutrons and 5 MeV in other cases, or                  

(b)a product which is prepared for patients requiring sterile diets under medical supervision.                  

(7) In this regulation—

“in bulk” (“*mewn swmp*”) has the same meaning as in the second sub-paragraph of Article 6(1)(a) of Directive 1999/2/EC;                  

“ionising radiation” (“*ymbelydredd ï¿1⁄2oneiddio*”) has the same meaning as in Directive 1999/2/EC;                  

“places on the market” (“*gosod ar y farchnad*”) is to be construed taking into account the meaning of “placed on the market” as used in Article 2 of Directive 1999/2/EC; and                  

“product” (“*cynnyrch*”) has the same meaning as in Directive 1999/2/EC.                  

## EnforcementU.K.

9.  It is the duty of a food authority within its area and a port health authority within its district to enforce these Regulations.                  

## PenaltyU.K.

11.  A person guilty of an offence under regulation 10 is liable on summary conviction to a fine not exceeding level 5 on the standard                     scale.                  

## Application of provisions of the ActU.K.

12.—(1) Subsections (1) and (2) of section 10 of the Act (improvement notices) apply, with the modification (in the case of section                     10(1)) specified in Part 1 of Schedule 4, for the purposes of—                  

(a)enabling an improvement notice to be served on a person requiring the person to comply with any of the following provisions—                  

(i)a provision of FIC specified in Schedule 5, to the extent provided for in section 10 as applied by paragraph (1) and modified                        by Part 1 of Schedule 4;                  

(ii)regulation 5(3), (4) or (5);                  

(iii)regulation 6(1) or (4);                  

(iv)regulation 7(1), (4) or (5); or                  

(v)regulation 8(1) or (3); and                  

(b)making the failure to comply with a notice referred to in sub-paragraph (a) an offence.                  

(2) Subsections (1) to (8) of section 32 F14 of the Act (powers of entry) apply, with the modifications (in the case of section 32(1)) specified in Part 2 of Schedule                     4, for the purposes of enabling an authorised officer of a food authority or a port health authority—                  

(a)to exercise a power of entry to ascertain whether there is, or has been, any contravention of a provision of FIC specified                        in Schedule 5, to the extent provided for in section 32(1)(a) as applied by this paragraph and modified by Part 2 of Schedule                        4;                  

(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of such a provision; and                  

(c)when exercising a power of entry under the provisions of section 32 as applied by this paragraph, to exercise the powers in                        subsections (5) and (6) relating to records.                  

(3) Subsections (1) and (6) of section 37 of the Act (appeals) apply, with the modifications specified in Part 3 of Schedule 4,                     for the purpose of enabling a decision to serve a notice referred to in paragraph (1)(a) to be appealed.                  

(4) Section 39 of the Act (appeals against improvement notices) applies, with the modifications (in the case of subsections (1)                     and (3) of section 39) specified in Part 4 of Schedule 4, for the purpose of dealing with appeals against a decision to serve                     a notice referred to in paragraph (1)(a).                  

(5) The provisions of the Act specified in column 1 of the table in Part 5 of Schedule 4 apply, with the modifications specified                     in column 2 of that Part, for the purposes of these Regulations.                  

(6) Paragraphs (1) to (4) are without prejudice to the application of sections 10, 32, 37 and 39 of the Act to these Regulations                     for purposes other than those specified in those paragraphs.                  

F14Subsections (5) and (6) of section 32 were amended by paragraph 18 of Schedule 2 to the Criminal Justice and Police Act 2001 (c. 16).

## RevocationsU.K.

13.  The Regulations listed in Schedule 6 are revoked to the extent specified.                  

## Consequential and other minor amendments to statutory instrumentsU.K.

14.  Schedule 7 has effect.                  

Mark Drakeford

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

28 August 2014

 Regulation 2(3)

## SCHEDULE 1U.K.Provisions of these Regulations that contain ambulatory references to FIC by virtue of regulation 2(3)

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 Regulation 4

## SCHEDULE 2U.K.National mark for derogation relating to minced meat

### **PART 1**U.K.The national mark

### **PART 2**U.K.Specifications for the national mark

1.  Any type of font may be used for the national mark so long as it is clearly legible.U.K.

2.  Any colour font may be used for the national mark so long as it is easily visible.U.K.

3.  In the case of prepacked food, the font size used for the national mark must not be smaller than—U.K.

(a)in the case of a package or container of a size to which Article 13(3) applies, the font size required for mandatory particulars                        under Article 13(3), and

(b)in the case of any other package or container, the font size required for mandatory particulars under Article 13(2).

4.  The national mark may include the Welsh text “Ar gyfer marchnad y DU yn unig” in addition to the English text in Part 1.U.K.

 Regulation 7

## SCHEDULE 3U.K.Foods to which regulation 7 does not apply

1.  Raw meat to which no ingredient other than proteolytic enzymes has been added.U.K.

2.  Frozen and quick-frozen chicken to which Article 15 of Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat F15 applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that                     Article.U.K.

3.  Fresh, frozen and quick-frozen poultry-cuts to which Article 20 of Commission Regulation (EC) No 543/2008 applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that                     Article.U.K.

4.  Sandwiches, filled rolls and filled products of a similar nature to sandwiches and filled rolls, which are ready for consumption                     without further processing, except for products containing meat which are sold under the name (whether or not qualified by                     other words) “burger”, “economy burger” or “hamburger”.U.K.

5.  Pizzas and similar topped products.U.K.

6.  Any food for which the name is “broth”, “gravy” or “soup”, whether or not qualified by other words.U.K.

7.  A food consisting of an assemblage of two or more ingredients that has not been subjected to any processing or treatment once                     it has been assembled, and which is sold to the final consumer as an individual portion intended to be consumed without further                     processing or treatment.U.K.

 Regulation 12

## SCHEDULE 4U.K.Application and modification of provisions of the Act

### **PART 1**U.K.Modification of section 10(1)

1.  For section 10(1) (improvement notices) substitute—U.K.

“(1)If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply                        with a provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act                        referred to as an “improvement notice”)—                  

(a)state the officer's grounds for believing that the person is failing to comply with the relevant provision;                  

(b)specify the matters which constitute the person's failure so to comply;                  

(c)specify the measures which, in the officer's opinion, the person must take in order to secure compliance; and                  

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period as may be                           specified in the notice.                  

(1A)The provisions are—                  

(a)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information                           to consumers F16 specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information (Wales)                           Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision                           applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011,                           as read with Article 23 of, and Annex IX to, that Regulation;                  

(b)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of                           the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule                           1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity;                  

(c)any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5                           to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations);                           or                  

(d)any of the following provisions of the Food Information (Wales) Regulations 2014—                  

(i)regulation 5(3), (4) or (5);                  

(ii)regulation 6(1) or (4);                  

(iii)regulation 7(1), (4) or (5); or                  

(iv)regulation 8(1) or (3).”                  

F16OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

### **PART 2**U.K.Modification of section 32(1)

2.  For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—U.K.

“(a)to enter any premises within the authority's area for the purpose of ascertaining whether there is or has been on the premises                           any contravention of—                  

(i)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information                           to consumers specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information                           (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that                           the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU)                           No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;                  

(ii)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of                           the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule                           1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity; and                  

(iii)any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5                           to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations);                           and                  

(b)to enter any business premises, whether within or outside of the authority's area, for the purpose of ascertaining whether                           there is on the premises any evidence of any contravention within that area of any such provisions;”.                  

### **PART 3**U.K.Modification of section 37(1) and (6)

3.  For section 37(1) (appeals) substitute—U.K.

“(1)Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice                        under section 10(1), as applied and modified by regulation 12(1) of, and Part 1 of Schedule 4 to, the Food Information (Wales)                        Regulations 2014, may appeal to the magistrates' court.”                  

4.  In section 37(6)—U.K.

(a)for “(3) or (4)” substitute “ (1) ”, and

(b)in paragraph (a), omit “or to the sheriff”.

### **PART 4**U.K.Modification of section 39(1) and (3)

5.  For section 39(1) (appeals against improvement notices) substitute—U.K.

“(1)On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 12(1) of, and                        Part 1 of Schedule 4 to, the Food Information (Wales) Regulations 2014, the court may either cancel or affirm the notice and,                        if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think                        fit.”                  

6.  In section 39(3) omit “for want of prosecution”.U.K.

### **PART 5**U.K.Application and modification of other provisions of the Act

F17Section 21(2) was amended by S.I. 2004/3279.

F18Section 35(1) is amended by paragraph 42 of Schedule 26 to the Criminal Justice Act 2003 (c. 44) from a date to be appointed.

F19Section 36A was inserted by paragraph 16 of Schedule 5 to the Food Standards Act 1999 (c. 28).

 Regulation 12

## SCHEDULE 5U.K.Improvement notices - specified FIC provisions

### **PART 1**U.K.FIC provision in relation to which an improvement notice may be served on and from 19 September 2014

### **PART 2**U.K.FIC provisions in relation to which an improvement notice may be served on and from 13 December 2014

F20OJ No L 10, 12.1.2002, p 58, last amended by Directive 2012/12/EU of the European Parliament and of the Council (OJ No L 115,                              27.4.2012, p 1).

### **PART 3**U.K.FIC provision in relation to which an improvement notice may be served on and from 13 December 2016

 Regulation 13

## SCHEDULE 6U.K.Revocations

### **PART 1**U.K.Revocations coming into force on 13 December 2014

F21Relevant amending instruments are S.I. 1998/141, 1398, 1999/747, 1136, 1483, 1603, 2000/1925 (W. 134), 2001/1232 (W. 66), 1440 (W. 102), 2003/832 (W. 104), 1635 (W. 177),                              3037 (W. 285), 3044 (W. 288), 3047 (W. 290), 3053 (W. 291), 2004/249 (W. 26), 553 (W. 56), 1396 (W. 141), 2558 (W. 229), 2731                              (W. 238), 3022 (W. 261), 2005/1309 (W. 91), 2006/31 (W. 5), 2007/2611 (W. 222), 2008/1268 (W. 128), 2009/2705 (W. 224), 3377                              (W. 299), 2010/363 (W. 45), 1492 (W. 135), 2288 (W. 200), 2922 (W. 243), 2011/465 (W. 70), 1043, 2936, 2012/1809, 2705 (W.                              291), 2013/545 (W. 58), 2750 (W. 267), 2591 (W. 255), 3235. S.I. 1996/1499 is amended on 19 September 2014 by paragraphs 1 to 3 of Schedule 7 to these Regulations.

F22There are amendments to S.I. 1998/141 not relevant to this revocation.

F23There are amendments to S.I. 1998/1398 not relevant to this revocation.

F24There are amendments to S.I. 1999/747 not relevant to this revocation.

F25There are amendments to S.I. 1999/1136 not relevant to these Regulations.

F26There are amendments to S.I. 1999/1603 not relevant to these Regulations.

F27S.I. 2001/1232 (W. 66) was amended by S.I. 2009/1795 (W. 162).

F28There are amendments to S.I. 2001/1440 (W. 102) not relevant to this revocation.

F29There are amendments to S.I. 2003/3037 (W. 285) not relevant to these Regulations.

F30There are amendments to S.I. 2003/3044 (W. 288) not relevant to these Regulations.

F31There are amendments to S.I. 2003/3047 (W. 290) not relevant to these Regulations.

F32S.I. 2004/249 (W. 26) was amended by S.I. 2004/3220 (W. 276).

F33S.I. 2004/3022 (W. 261) was amended by S.I. 2008/1268 (W. 128).

F34S.I. 2005/1224 (W. 82) was amended by S.I. 2005/3254 (W. 247), 2014/440 (W. 49).

F35There are amendments to S.I. 2006/31 (W. 5) not relevant to these Regulations.

F36There are amendments to S.I. 2007/2611 (W. 222) not relevant to this revocation.

F37There are amendments to S.I. 2007/3165 (W. 276) not relevant to these Regulations.

F38S.I. 2008/1268 (W. 128) was amended by S.I. 2009/2880 (W. 253).

F39S.I. 2009/2705 (W. 224) was amended by S.I. 2010/1069 (W. 100).

F40S.I. 2009/3377 (W. 299) was amended by S.I. 2013/2591 (W. 255).

F41There are amendments to S.I. 2010/1492 (W. 135) not relevant to these Regulations.

F42There are amendments to S.I. 2010/2922 (W. 243) not relevant to these Regulations.

### **PART 2**U.K.Revocations coming into force on 13 December 2018

F43Relevant amending instruments are S.I. 1998/141, 1398, 1999/747, 1136, 1483, 1603, 2000/1925 (W. 134), 2001/1232 (W. 66), 1440 (W. 102), 2003/832 (W. 104), 1635 (W. 177),                              3037 (W. 285), 3044 (W. 288), 3047 (W. 290), 3053 (W. 291), 2004/249 (W. 26), 553 (W. 56), 1396 (W. 141), 2558 (W. 229), 2731                              (W. 238), 3022 (W. 261), 2005/1309 (W. 91), 2006/31 (W. 5), 2007/2611 (W. 222), 2008/1268 (W. 128), 2009/2705 (W. 224), 3377                              (W. 299), 2010/363 (W. 45), 1492 (W. 135), 2288 (W. 200), 2922 (W. 243), 2011/465 (W. 70), 1043, 2936, 2012/1809, 2705 (W.                              291), 2013/545 (W. 58), 2750 (W. 267), 2591 (W. 255), 3235. S.I. 1996/1499 is amended on 19 September 2014 by paragraphs 1 to 3 of Schedule 7 to these Regulations and on 13 December 2014 by paragraphs                              10 to 13 of that Schedule. S.I. 1996/1499 is revoked on 13 December 2018 by entry 1 of the table in Part 2 of Schedule 6 to these Regulations to the extent that it                              is not already revoked on 13 December 2014 by entry 1 of the table in Part 1 of that Schedule.

F44S.I. 1998/1398 is revoked on 13 December 2018 by entry 2 of the table in Part 2 of Schedule 6 to these Regulations to the extent that it                              is not already revoked on 13 December 2014 by entry 3 of the table in Part 1 of that Schedule; there are other instruments                              amending S.I. 1998/1398 but none is relevant.

F45S.I. 1999/747 is revoked on 13 December 2018 by entry 3 of the table in Part 2 of Schedule 6 to these Regulations to the extent that it                              is not already revoked on 13 December 2014 by entry 4 of the table in Part 1 of that Schedule; there are other instruments                              amending S.I. 1999/747 but none is relevant.

 Regulation 14

## SCHEDULE 7U.K.Consequential and other minor amendments to statutory instruments

### **PART 1**U.K.Consequential and other minor amendments coming into force on 19 September 2014

#### The Food Labelling Regulations 1996U.K.

1.  The Food Labelling Regulations 1996 F46 are amended as follows.                  

F46S.I 1996/1499, amended by S.I. 2011/2936; there are other amending instruments but none is relevant to the amendments made by paragraphs 1 to 3.

2.  In regulation 4(2) (scope of Part II), in each of sub-paragraphs (h), (i) and (j), for “Commission Regulation (EC) No 607/2009” to the end substitute “ Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of                        certain wine sector products F47; ”.U.K.

F47OJ No L 193, 24.7.2009, p 60, last amended by Commission Implementing Regulation (EU) No 753/2013 (OJ No L 210, 6.8.2013,                              p 21).

3.  For regulation 41(4) (supplementary provisions relating to nutrition labelling) substitute—U.K.

“(4)Where nutrition labelling not being prescribed nutrition labelling is given, it must be given in the manner specified in paragraph                        (4A) or (4B).                  

(4A)The nutrition labelling must be given in all respects as if it were prescribed nutrition labelling except that in applying                        the requirements for prescribed nutrition labelling described in Schedule 7, Part II of that Schedule is to be read as if—                  

(a)in paragraph 1, the words “or that is labelled as provided for in regulation 41(4B)” were inserted after the words “paragraph                           2 below applies”,                  

(b)in paragraph 1(a)(ii), the words from “provided that” to the end of that paragraph were omitted, and                  

(c)paragraph 1(d) were omitted.                  

(4B)The nutrition labelling must be given in accordance with Articles 29 to 35 of Regulation (EU) No 1169/2011 of the European                        Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004.”                  

#### The Food (Lot Marking) Regulations 1996U.K.

4.  The Food (Lot Marking) Regulations 1996 F48 are amended as follows.                  

F48S.I. 1996/1502, amended by S.I. 2011/1043.

5.  In regulation 2 (interpretation), in the definition of “first seller established within the European Union”, for “Council                     Directive 89/396/EECF49” substitute “ Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which                        a foodstuff belongs F50 ”.U.K.

F49OJ No L 186, 30.6.1989, p 21, repealed by Directive 2011/91/EU of the European Parliament and of the Council (OJ No L 334,                              16.12.2011, p 1).

F50OJ No L 334, 16.12.2011, p 1.

#### The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007U.K.

6.  The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 F51 are amended as follows.                  

F51S.I. 2007/1984 (W. 165), to which there are amendments not relevant to the amendments made by paragraphs 6 and 7.

7.  In regulation 4(2)(e) (offences and penalties), after “have been added)”, insert “ , as read with the first sub-paragraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of                        the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004F52 ”.U.K.

F52OJ No L 304, 22.11.2011, p 18, last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No L 27, 30.1.2014, p 7).

#### The Nutrition and Health Claims (Wales) Regulations 2007U.K.

8.  The Nutrition and Health Claims (Wales) Regulations 2007 F53 are amended as follows.                  

F53S.I. 2007/2611 (W. 222), to which there are amendments not relevant to the amendment made by paragraphs 8 and 9.

9.  In regulation 5(2)(d) (offences and penalties), after “(requirements for nutrition information)”, insert “ , as read with the first sub-paragraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of                        the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 ”.U.K.

### **PART 2**U.K.Consequential and other minor amendments coming into force on 13 December 2014

#### The Food Labelling Regulations 1996U.K.

11.  In regulation 2(1) (interpretation), for the definition of “ingredient” substitute—U.K.

““ingredient” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on                           the provision of food information to consumers as amended from time to time;”.                     

12.  In regulation 3 (exemptions), for paragraph (1) substitute—U.K.

“(1)This regulation does not apply to a food that is brought into Wales from another part of the United Kingdom, an EEA State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which                        it was lawfully produced or marketed.”                  

13.  In Schedule 8 (misleading descriptions), Part I—U.K.

(a)in the second column of entry relating to the description “alcohol-free”, for sub-paragraph (b) substitute—

“(b)the drink is marked or labelled with—                  

(i)an indication of its maximum alcoholic strength in a form comprising the words “not more than” followed by a figure to not                           more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol                           % vol.” (required form 2), or “alc. % vol.” (required form 3), or                  

(ii)in an appropriate case, an indication that it contains no alcohol.”                  

(b)in the second column of entry relating to the description “dealcoholized”, for sub-paragraph (b) substitute—

“(b)the drink is marked or labelled with—                  

(i)an indication of its maximum alcoholic strength in required form 1, 2 or 3, or                  

(ii)in an appropriate case, an indication that it contains no alcohol,”; and                  

(c)in the second column of entry relating to the description “low alcohol” (or any other word or description which implies that                        the drink being described is low in alcohol), for sub-paragraph (b) substitute—

“(b)an indication of its maximum alcoholic strength in required form 1, 2 or 3.”                  

#### The Food (Lot Marking) Regulations 1996U.K.

15.  For regulation 2 (interpretation) substitute—U.K.

“2.In these Regulations—                  

“the Act” means the Food Safety Act 1990;                  

“date of minimum durability” is to be construed taking into account the definition of “date of minimum durability of food” in Article 2(2)(r) of Regulation                        (EU) No 1169/2011;                  

“first seller established within the Community” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying                        the lot to which a foodstuff belongs;                  

“food” means food, within the meaning of the Act, intended for sale for human consumption;                  

“ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council;                  

“lot” means a batch of sales units of food produced, manufactured or packaged under similar conditions;                  

“lot marking indication” means an indication which allows identification of the lot to which a sales unit of food belongs;                  

“prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011;                  

“prepacked for immediate sale” has the same meaning as “prepacked for direct sale” in Regulation (EU) No 1169/2011;                  

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                        consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;                  

“sell” includes offer or expose for sale and have in possession for sale, and “sale” and “sold” are to be construed accordingly;                  

“ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 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 F56;                  

“use by” date” has the same meaning as in Regulation (EU) No 1169/2011.”                  

16.  In regulation 4 (exceptions for particular types of sale and sales units)—U.K.

(a)in sub-paragraph (e), for “edible ice” substitute “ ice cream ”; and

(b)in sub-paragraph (g)—

(i)for “an indication of minimum durability” substitute “ the date of minimum durability ”; and

(ii)for “the Food Labelling Regulations require” substitute “ Regulation (EU) No 1169/2011 requires ”.

#### The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997U.K.

18.  In regulation 3(b) (labelling requirements), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations                     1996” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision                        of food information to consumers ”.U.K.

#### The Bread and Flour Regulations 1998U.K.

20.  In regulation 2(1) (interpretation)—U.K.

(a)in the definition of “ingredient”, for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(f) of Regulation (EU) No 1169/2011 ”;

(b)in the definition of “labelling”, for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(j) of Regulation (EU) No 1169/2011 ”;

(c)omit the definitions of “the labelling regulations” and “member State”; and

(d)after the definition of “labelling”, insert—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision                           of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.                     

#### The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001U.K.

22.  In regulation 2(1) (interpretation)—U.K.

(a)omit the definition of “the 1996 Regulations” (“*Rheoliadau 1996*”); and

(b)after the definition of “designated product” (“*cynnyrch dynodedig*”), insert—

““Regulation (EU) No 1169/2011” (“*Rheoliad (EU) Rhif 1169/2011*”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                        consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.                  

23.  In regulation 5(1) (labelling and description of designated products)—U.K.

(a)in the introductory wording, for “the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 ”;

(b)in sub-paragraph (a), for “regulation 6(1) of the 1996 Regulations” substitute “ Article 17 of Regulation (EU) No 1169/2011 ”; and

(c)in sub-paragraph (c), for “the 1996 Regulations” substitute “ Article 17 of Regulation (EU) No 1169/2011 ”.

#### The Food Supplements (Wales) Regulations 2003U.K.

25.  In regulation 2(1) (interpretation)—U.K.

(a)omit the definition of “Directive 90/496 F61” (“*Cyfarwyddeb 90/496*”); and

(b)after the definition of “preparation” (“*paratoi*”), insert—

““Regulation (EU) No 1169/2011” (“*Rheoliad (EU) Rhif 1169/2011*”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                        consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.                  

26.  In regulation 6 (restrictions on sale relating to labelling etc. of food supplements)—U.K.

(a)in paragraph (2), for “the Food Labelling Regulations 1996” substitute “ Regulation (EU) No 1169/2011 ”; and

(b)in paragraph (3)(e)—

(i)for “the Annex to Directive 90/496” substitute “ point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 ”; and

(ii)for “relevant recommended daily allowance specified in that Annex” substitute “ relevant reference value specified in that point ”.

27.  In regulation 7(1) (manner of marking or labelling), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996”                     substitute “ points (a), (f), (g) and (h) of Article 9(1) Regulation (EU) No 1169/2011 ”.U.K.

#### The Cocoa and Chocolate Products (Wales) Regulations 2003U.K.

29.  In regulation 2(1) (interpretation)—U.K.

(a)omit the definition of “the 1996 Regulations” (“*Rheoliadau 1996*”); and

(b)after the definition of “preparation” (“*paratoi*”), insert—

““Regulation (EU) No 1169/2011” (“*Rheoliad (EU) Rhif 1169/2011*”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                        consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004F63;”.                  

30.  In regulation 5 (reserved descriptions), for paragraphs (b) and (c) substitute—U.K.

“(b)such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the                           substance to which it relates is only an ingredient of that food;                  

(c)such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such                           food is not and does not contain a designated product; or                  

(d)the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the                           United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1.”                  

31.  In regulation 6 (labelling and description of designated products)—U.K.

(a)in paragraph (1), for “Part II of the 1996 Regulations” substitute “ Regulation (EU) No 1169/2011 ”; and

(b)in paragraph (2)(b), for “the 1996 Regulations” substitute “ Article 9(1)(b) of Regulation (EU) No 1169/2011 ”.

33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

34.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### The Specified Sugar Products (Wales) Regulations 2003U.K.

36.  In regulation 2 (interpretation), omit the definition of “the 1996 Regulations” (“*Rheoliadau 1996*”).U.K.

37.  In regulation 5 (labelling and description of specified sugar products), for “Part II of the 1996 Regulations” substitute                     “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers                        ”.U.K.

#### The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004U.K.

39.  In regulation 8(1) (labelling), for “Part II of the Food Labelling Regulations 1996” substitute “ Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers                        ”.U.K.

#### The Food Hygiene (Wales) Regulations 2006U.K.

41.  In Schedule 4 (temperature control requirements), in paragraph 8 (interpretation), for sub-paragraphs (a) and (b) in the definition                     of “shelf life” (“*oes silff*”) substitute—U.K.

“in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU)                        No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with                        Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;                  

in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011                        of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and                        including the required “use by” date; and”.                  

#### The Quick-frozen Foodstuffs (Wales) Regulations 2007U.K.

43.  In regulation 2(1) (interpretation)—U.K.

(a)omit the definition of “catering establishment” (“*sefydliad arlwyo*”);

(b)in the definition of “local distribution” (“*dosbarthiad lleol*” and “*dosbarthu'n lleol*”), for “catering establishment” substitute “ mass caterer ”;

(c)after the definition of “local distribution” (“*dosbarthiad lleol*” and “*dosbarthu'n lleol*”), insert—

““mass caterer” (“*arlwywr mawr*”) has the meaning given by Article 2(2)(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council                           on the provision of food information to consumers;”;                     

(d)in the definition of “prepackaging” (“*rhagbecyn*”), for “the Food Labelling Regulations 1996” substitute “ Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information                           to consumers ”; and

(e)for the definition of “ultimate consumer” (“*defnyddiwr olaf*”) substitute—

““ultimate consumer” (“*defnyddiwr olaf*”) has the same meaning as “final consumer” in point 18 of Article 3 of Regulation 178/2002.”                  

44.  In paragraphs (1) and (3) of regulation 5 (marketing or labelling of quick-frozen foodstuffs), for “catering establishment”                     substitute “ mass caterer ”.U.K.

#### The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007U.K.

46.  In regulation 4(2) (offences and penalties), for sub-paragraph (e) substitute—U.K.

“(e)Article 7(1), (2) and (3) F70 (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have                           been added).”                  

#### The Nutrition and Health Claims (Wales) Regulations 2007U.K.

48.  In regulation 5(2) (offences and penalties), for sub-paragraph (d) substitute—U.K.

“(d)Article 7 F72 (requirements for nutrition information);”.                  

50.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

#### The Eggs and Chicks (Wales) Regulations 2010U.K.

52.  In regulation 3(1) (interpretation)—U.K.

(a)omit the definition of “Directive 2000/13/EC” (“*Cyfarwyddeb 2000/13/EC*”);

(b)for the definition of “Regulation (EC) No 2160/2003” (“*Rheoliad (EC) Rhif 2160/2003*”)*,*substitute—

““Regulation (EC) No 2160/2003” (“*Rheoliad (EC) Rhif 2160/2003*”) means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents                        F75;                  

“Regulation (EU) No 1169/2011” (“*Rheoliad (EU) Rhif 1169/2011*”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to                        consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.                  

53.  In Part 2 of Schedule 2 (provisions of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs F76 contravention of which is an offence)—U.K.

(a)in the second column of the entry in the table relating to Article 4(2) of Commission Regulation (EC) No 589/2008, for “Directive 2000/13/EC” substitute “ Regulation (EU) No 1169/2011 ”;

(b)in the second column of the entry in the table relating to Article 6(3) of Commission Regulation (EC) No 589/2008, for “Article 9(2) of Directive 2000/13/EC” substitute “ point 1(a) of Annex X to Regulation (EU) No 1169/2011 ”; and

(c)in the second column of the entry in the table relating to Article 13 of Commission Regulation (EC) No 589/2008, for “Article 3(1)(5) of Directive 2000/13/EC” substitute “ Article 9(1)(f) of Regulation (EU) No 1169/2011 ”.

#### The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013U.K.

55.  In regulation 2(1) (interpretation), for the definition of “meat” (“*cig*”) substitute—U.K.

““meat” (“*cig*”) means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included                        or adherent tissue but does not include mechanically separated meat (which has the meaning given in point 1.14 of Annex I                        to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin) F78;”.                  

## Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision to enforce, in Wales, certain provisions of Regulation (EU) No 1169/2011 of the European                        Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 (OJ No L 304, 22.11.2011, p 18) (“FIC”).                     

They also implement, in Wales, certain provisions of Article 6 of Directive 1999/2/EC of the European Parliament and of the Council on the approximation of the laws of the Member States concerning foods and                        food ingredients treated with ionising radiation (OJ No L 66, 13.3.1999, p 16) and the second paragraph of sub-paragraph 1                        of Article 3 of Directive 2000/36/EC of the European Parliament and of the Council relating to cocoa and chocolate products intended for human consumption (OJ                        No L 197, 3.8.2000, p 19).                     

Regulation 3 contains a derogation relating to milk or milk products presented in a glass bottle intended for reuse. Regulation                        4 and Schedule 2 provide a derogation relating to the use of a minced meat designation for minced meat that does not comply                        with the requirements laid down in point 1 of Part B of Annex VI to FIC.                     

Regulation 5 enables particulars relating to an allergenic substance or product in a non-prepacked food to be made available                        (subject to the provisions of the regulation) using any means that a food business operator chooses. The required particulars                        must be made available under FIC but can be made available using the means provided for in FIC or in accordance with the provisions                        of regulation 5.                     

Regulation 6 requires the name of the food to be provided in the case of certain non-prepacked foods and foods prepacked for                        direct sale. Regulation 7 requires a quantitative indication of the meat content to be given in the case of certain products.                        Those particulars must be given in one of the ways specified in regulations 6(4) (in the case of the name of the food) and                        7(5) (in the case of the meat content indication). The provisions of regulations 6(4) and 7(5) do not apply to an offer for                        sale made by means of distance communication. Article 14(2) of FIC (as read with other relevant provisions of FIC) applies                        in the case of such an offer.                     

Regulation 8 requires certain information to be provided when irradiated food products or food products containing an irradiated                        ingredient are sold in bulk and when irradiated ingredients are used in certain prepacked food products.                     

Regulation 9 imposes an obligation on food authorities and port health authorities to enforce the Regulations. Regulation                        10 makes it an offence to fail to comply with specified provisions of FIC and the allergen-related requirement in regulation                        5(5). Regulation 11 provides for the punishment of that offence.                     

Regulation 12 and Schedule 4 apply certain provisions of the Food Safety Act 1990 (1990 c. 16), with modifications. This includes                        the application (with modifications) of section 10(1), enabling an improvement notice to be served requiring compliance with                        specified provisions of FIC (except to the extent that some of the provisions apply to the mandatory particular relating to                        net quantity or quantity in general) or with specified provisions of regulations 5 to 8. The provisions, as applied, make                        the failure to comply with an improvement notice an offence.                     

Regulation 13 and entry 1 of the table in Part 1 of Schedule 6 revoke most of the Food Labelling Regulations 1996 (S.I. 1996/1499)                        on 13 December 2014 so far as those Regulations apply to Wales. Regulation 13 and entry 1 of the table in Part 2 of Schedule                        6 revoke the remainder of the provisions in the Food Labelling Regulations 1996 (relating to alcohol-related terms, cream                        and cheese) on 13 December 2018 so far as those Regulations apply to Wales. Regulation 13 and Schedule 6 also revoke other                        relevant statutory instruments.                     

Regulation 14 and Schedule 7 amend the Food Labelling Regulations 1996, so far as those Regulations apply to Wales, during                        the period before those Regulations are revoked (as described above). They make amendments to other statutory instruments                        to take account of the repeal and replacement of the relevant EU legislation and the revocation of the Food Labelling Regulations                        1996.                     

Regulation 14 and Part 1 of Schedule 7 also amend the Food (Lot Marking) Regulations 1996 (S.I. 1996/1502), in their application                        to Wales, to take account of the repeal and replacement of Council Directive 89/396/EEC (OJ No L 186, 30.6.1989, p 21) by Directive 2011/91/EU of the European Parliament and of the Council on indications or marks                        identifying the lot to which a foodstuff belongs (OJ No L 334, 16.12.2011, p 1). Part 2 of Schedule 7 contains the provision                        implementing the second paragraph of sub-paragraph 1 of Article 3 of Directive 2000/36/EC of the European Parliament and of the Council (mentioned above).                     

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 assessment has been prepared as to the likely costs and benefits of complying with                        these Regulations. A copy can be obtained from the Food Standards Agency at Food Standards Agency Wales, 11th Floor, Southgate House, Wood Street, Cardiff, CF10 1EW or from the Agency's website at www.food.gov.uk/wales.