Food, Wales PART 1 Introductory Title, application and commencement 1 1 The title of these Regulations is the Contaminants in Food (Wales) Regulations 2013. 2 These Regulations apply in relation to Wales and they come into force on 31 October 2013. Interpretation 2 1 In these Regulations — “the Act” (“ y Ddeddf ”)_means the Food Safety Act 1990; ... ... “Regulation 1881/2006” (“ Rheoliad 1881/2006 ”) means Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs ; ... “Regulation 124/2009” (“ Rheoliad 124/2009 ”) means Commission Regulation (EC) No. 124/2009 setting maximum levels for the presence of coccidiostats or histomonstats in food resulting from the unavoidable carry-over of these substances in non-target feed ; ... “authorised officer” (“ swyddog awdurdodedig ”) means any person who is authorised in writing, either generally or specially, by a food authority to act in matters arising under these Regulations; “food authority” (“ awdurdod bwyd ”) has the meaning given by section 5(1A) of the Act. 2 Any other expression used in these Regulations and in ... Regulation 1881/2006 or Regulation 124/2009 has the same meaning in these Regulations as it bears in the ... Regulation concerned. 3 Any reference to an Article of or Annex to ... Regulation 1881/2006 or Regulation 124/2009 is a reference to that Article or Annex as it may be amended from time to time, and any reference to any of those ... Regulations is to be construed accordingly. 4 Where any functions under the Act are assigned — a by an order under section 2 ... of the Public Health (Control of Disease) Act 1984 , to a port health authority; or b by an order under section 6 of the Public Health Act 1936 , to a joint board for a united district; any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the authority to which they are so assigned. PART 2 Erucic acid in food Scope 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Controls on erucic acid 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 3 Contaminants in food Controls on contaminants in food 5 1 A person who contravenes or fails to comply with any of the retained EU law provisions specified in paragraph (2) is guilty of an offence. 2 The retained EU law provisions are — a Article 1(1) of Regulation 1881/2006 (prohibition on the placing on the market of foodstuffs containing contaminants in excess of prescribed limits contained in the Annex), as read with — i Article 1(2) (maximum levels applying to edible part of food unless otherwise specified in the Annex), ii Article 2 (provisions relating to the application of maximum levels to dried, diluted, processed and compound foodstuffs), iii Article 4 (specific provisions for groundnuts, other oilseeds, tree nuts, dried fruit, rice and maize), iv Article 6 (specific provisions for lettuce), and v the Annex (maximum levels for certain contaminants in foodstuffs); b Article 3 of Regulation 1881/2006 (prohibitions on use, mixing and detoxification); c Article 5 of Regulation 1881/2006 (specific labelling requirements for groundnuts, other oilseeds, derived products thereof and cereals); and d Article 1(1) of Regulation 124/2009 (prohibitions on marketing or mixing foods containing coccidiostats or histomonstats at levels in excess of prescribed limits), as read with Article 1(2). 3 The level of erucic acid in a food must be determined according to sampling methods, and methods of analysis that meet the performance criteria, set out in the Annex to Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC . PART 4 Administration and enforcement Penalties 6 Anyone convicted of an offence under ... regulation 5(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. Enforcement and competent authorities 7 1 It is the duty of each food authority within its county or county borough to execute and enforce these Regulations, Regulation 1881/2006 and Regulation 124/2009. 2 The competent authority for the purposes of — a Article 2(2) of Regulation 1881/2006 (justification by food business operators of concentration or dilution factors); and b Article 1(1) of Regulation 124/2009 (relating to the duty to investigate the reasons for the contamination), is the authority having the duty to execute and enforce under paragraph (1). Application of various sections of the Food Safety Act 1990 8 1 The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part of it is to be construed as a reference to these Regulations — a section 3 (presumptions that food intended for human consumption); b section 20 (offences due to fault of another person); c section 21 (defence of due diligence) with the modification that— i subsections (2) to (4) shall apply in relation to an offence under regulation ... 5(1) as they apply in relation to an offence under section 14 or 15, and ii in subsection (4) the references to “sale” are deemed to include references to “placing on the market”; d section 30(8) (which relates to documentary evidence); e section 33(1) (obstruction etc. of officers); f section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e); g section 35(1) (punishment of offences) , in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e); h section 35(2) and (3) , in so far as it relates to offences under section 33(2) as applied by sub–paragraph (f); i section 36 (offences by bodies corporate); j section 36A (offences by Scottish partnerships) ; and k section 44 (protection of officers acting in good faith). 2 Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) applies for the purposes of these Regulations as if it read as follows — 9 1 An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which has been placed on the market and subsections (2) to (7) below apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with any of the requirements specified in regulation ... 5(2) of the Contaminants in Food (Wales) Regulations 2013, (“ the retained EU law requirements ”). 2 The authorised officer may either — a give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it — i is not to be used for human consumption, and ii either is not to be removed or is to be removed to a place at which there are facilities to carry out sampling in the manner required by law; or b seize the food and remove it in order to have it dealt with by a justice of the peace. 3 Where the authorised officer exercises the power conferred by subsection (2)(a) above, that officer must, as soon as is reasonably practicable and in any event within 21 days, determine whether or not the food complies with the retained EU law requirements and — a if satisfied that it does comply, shall forthwith withdraw the notice; b if not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace. 4 Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, the officer must inform the person in charge of the food of the intention to have it dealt with by a justice of the peace and — a any person who in connection with any of the retained EU law requirements might be liable to a prosecution in respect of the food shall, if that person attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and b that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence in connection with any of the retained EU law requirements in relation to that food. 5 If it appears to a justice of the peace, on the basis of such evidence as the justice considers appropriate in the circumstances, that any food falling to be dealt with under this section fails to comply with any of the retained EU law requirements the justice must condemn the food and order — a the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and b any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food. 6 If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority must compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer. 7 Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above must be determined by arbitration. 8 Any person who knowingly contravenes the requirements of a notice under subsection (2)(a) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. . 3 The expressions “authorised officer” and “food authority” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), will, for those purposes, bear the meanings that those expressions respectively bear in these Regulations. Consequential amendment 9 In Schedule 1 to the Food Safety (Sampling and Qualifications) (Wales) Regulations 2013 (provisions to which those Regulations do not apply), for the entries relating to the Contaminants in Food (Wales) Regulations 2010 substitute the following entries in column 1 and 2 respectively — The Contaminants in Food (Wales) Regulations 2013 (to the extent that a sample falls to be prepared and analysed in accordance with Commission Regulation (EC) No. 1881/2006 setting maximum levels for certain contaminants in foodstuffs)" S.I. 2013/----. Revocations 10 The — a Mineral Hydrocarbons in Food Regulations 1966 ; b Erucic Acid in Food Regulations 1977 ; c Erucic Acid in Food (Amendment) Regulations 1982 ; and d Contaminants in Food (Wales) Regulations 2010, are revoked. Mark Drakeford Minister for Health and Social Services, one of the Welsh Ministers