The Food Information (Wales) Regulations 2014

Contents

1Title, application and commencement#

(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.

2Interpretation#

(1)In these Regulations—• “the Act” (“y Ddeddf”) means the Food Safety Act 1990;• “Directive 1999/2/EC” (“Cyfarwyddeb 1999/2/EC”) means 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 ^note;• “FIC” (“FIC”) 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;• “final consumer” (“defnyddiwr terfynol”) has the meaning given 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;• “food authority” (“awdurdod bwyd”) means—(a) a county council;(b) a county borough council;• “food business operator” (“gweithredwr busnes bwyd”) has the meaning given in point 3 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council;• “mass caterer” (“arlwywr mawr”) has the meaning given in Article 2(2)(d) and “mass caterers” (“arlwywyr mawr”) is to be construed accordingly;• “means of distance communication” (“cyfrwng cyfathrebu o hirbell”) has the meaning given in Article 2(2)(u);• “offered for sale” (“a gynigir i'w werthu”) has the same meaning as in Article 44 and “offers for sale” (“cynnig gwerthu”) is to be construed accordingly;• “prepacked food” (“bwyd wedi ei ragbecynnu”) has the meaning given in Article 2(2)(e);• “prepacked for direct sale” (“wedi ei ragbecynnu i'w werthu'n uniongyrchol”) has the same meaning as in Article 2(2)(e); ^note...• “ready for consumption” (“parod i'w fwyta”) has the same meaning as in Article 2(2)(d) ; and • “Regulation 828/2014” (“Rheoliad 828/2014”) means Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.

(2)Except as otherwise provided for—

(a)any reference in these Regulations to an Article is a reference to an Article of FIC, and

(b)any reference in these Regulations to an Annex is a reference to an Annex to FIC.

(3)Any reference to FIC, or a provision of FIC (including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies), or to Regulation 828/2014 or a provision of Regulation 828/2014, in a provision of these Regulations listed in Schedule 1 is a reference to that provision as amended from time to time.

3Derogation relating to milk and milk products#

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.

4Derogation relating to minced meat#

(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.

5Foods that are not prepacked etc. containing an allergenic substance or product etc.#

(1)A food business operator who offers for sale a relevant food to which this regulation applies may make available the particulars specified in Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) in relation to that food by any means the operator chooses, including, subject to paragraph (3), orally.

(2)This regulation applies to a relevant food that is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication and is—

(a)not prepacked, or

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

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a food business operator intends to make available the particulars specified in Article 9(1)(c) relating to a relevant food orally, and a substance or product listed in Annex II or derived from a substance or product listed in Annex II is used as an ingredient or processing aid in the manufacture or preparation of the food, the operator must indicate that details of that substance or product can be obtained by asking a member of staff.

(4)The indication mentioned in paragraph (3) must be given—

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

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

(5)In relation to a relevant food to which this regulation applies, the Article 9(1)(c) particulars made available by a food business operator must be made available with a clear reference to the name of the substance or product listed in Annex II where—

(a)the relevant ingredient or processing aid is derived from a substance or product listed in Annex II, and

(b)the particulars are made available otherwise than by means provided for in FIC.

(6)In this regulation “relevant food” (“bwyd perthnasol”) means a food in which an ingredient or processing aid listed in Annex II, or derived from a substance or product listed in Annex II, has been used in its manufacture or preparation and that is still present in the finished product (even if in an altered form).

5AFoods that are prepacked for direct sale – duty to list ingredients#

(1)A food business operator who offers for sale a food to which this regulation applies must provide directly on the package or on a label attached to the package the particulars required by the following—

(a)Article 9(1)(b) (list of ingredients), as read with—

(i)Article 13(1) to (3),

(ii)Article 15,

(iii)Article 16(2), so far as it relates to the particulars required by Article 9(1)(b),

(iv)Article 17, as read with Parts A and C of Annex 6 and, in the case of an ingredient using a minced meat designation as a name, the following points of Part B of Annex 6—

(aa)point 1, and

(bb)point 3, as read with regulation 4 and Schedule 2,

(v)Article 18, as read with Annex 7 and paragraph (1)(a)(iv) of this regulation,

(vi)Article 19(1), and

(vii)Article 20;

(b)Article 9(1)(c) (labelling of certain substances or products causing allergies or intolerances) as read with Article 21(1) and Annex 2.

(2)This regulation applies to a food that—

(a)is offered for sale to a final consumer or to a mass caterer otherwise than by means of distance communication, and

(b)is prepacked for direct sale.

6Foods that are not prepacked etc. – general requirement to name them#

(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)(a) (the name of the food) as read with—

(a)Article 17(1) to (4), and

(b)in the case of food offered for sale using a minced meat designation as a name—

(i)Article 17(5) and point 1 of Part B of Annex VI, and

(ii)point 3 of Part B of Annex VI as read with regulation 4 and Schedule 2.

(2)This regulation applies to a food that is offered for sale to a final consumer or a mass caterer and is—

(a)not prepacked, or

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

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 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.

(5)Paragraph (4) does not apply in the case of an offer for sale made by means of distance communication.

6AFoods that are prepacked for direct sale – general requirement to name them#

(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)(a) (the name of the food), as read with—

(a)Article 17(1) to (4),

(b)Part A of Annex 6, and

(c)in the case of food offered for sale using a minced meat designation as a name—

(i)Article 17(5),

(ii)point 1 of Part B of Annex 6, and

(iii)point 3 of Part B of Annex 6, as read with regulation 4 and Schedule 2.

(2)This regulation applies to a food that—

(a)is offered for sale to a final consumer or to a mass caterer, and

(b)is prepacked for direct sale.

(3)The particulars in paragraph (1) must be provided directly on the package or on a label attached to the package, except in the case of an offer for sale made by means of distance communication.

7Foods that are not prepacked etc. containing meat and other ingredients#

(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.

(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” (“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; 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 ^note.

8Irradiated foods#

(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¿½oneiddio”) 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.

9Enforcement#

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

10Offence#

(1)A person is guilty of an offence if the person fails to comply with—

(a)any provision of FIC specified in paragraph (2), as read with Articles 1(3) and 6 and the first sub-paragraph of Article 54(1);

(b)regulation 5(5) ; ^note...

(ba)regulation 5A(1)(b); or

(c)any provision of Regulation 828/2014 specified in paragraph (3).

(2)The provisions of FIC are—

(a)Article 9(1)(c), as also read with Annex II;

(b)Article 21(1)(a), as also read with Articles 9(1)(c) and 18(1) and Annex II;

(c)the second sub-paragraph of Article 21(1), as also read with Articles 9(1)(c) and 19(1) and Annex II; and

(d)Article 44(1)(a), as also read with Article 9(1)(c) and regulation 5.

(3)The provisions of Regulation 828/2014 are—

(a)Article 3(1) as read with Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2 and 3(2) and (3) of and the Annex to Regulation 828/2014;

(b)Article 4 as read with Article 2.

11Penalty#

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.

12Application of provisions of the Act#

(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 or Regulation 828/2014 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

(iia)regulation 5A(1);

(iiia)regulation 6A(1) or (3);

(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 ^note 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 or Regulation 828/2014 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.

13Revocations#

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

14Consequential and other minor amendments to statutory instruments#

Schedule 7 has effect.

15Transitional provisions: withdrawal from the EU#

(1)An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 9(1)(h), and Article 9(1)(i) as read with Article 26(3), if—

(a)the improvement notice would relate to a product that was placed on the market before 1 January 2024, and

(b)the matter would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(2)An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) if—

(a)the improvement notice would relate to a specified product that was placed on the market before IP completion day, and

(b)the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(3)Products to which paragraph (1) or (2) applies may continue to be marketed until stocks are exhausted.

(4)An authorised officer of a food authority must not serve on a person an improvement notice relating to a failure to comply with Article 7(1) or Article 36(2)(a) or (b) if—

(a)the improvement notice would relate to a specified product placed on the market within the period beginning with IP completion day and ending on 31 December 2023, and

(b)the labelling of the specified product would not have constituted a failure to comply with those provisions as they had effect immediately before IP completion day.

(5)Wine products to which paragraph (4) applies may continue to be marketed until stocks are exhausted.

(6)Other products to which paragraph (4) applies may continue to be marketed until 31 December 2023.

(7)In this regulation—• “improvement notice” (“hysbysiad gwella”) means an improvement notice pursuant to regulation 12(1);• “specified product” (“cynnyrch penodedig”) means an individually identifiable product, including a wine product, bearing an indication listed in point 5, 6 or 7 of Annex 10 to Commission Implementing Regulation (EU) No 668/2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffsas that Regulation had effect immediately before IP completion day;• “wine product” (“cynnyrch gwin”) means a product to which Part 2 of Annex 7 to Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural productsas that Regulation had effect immediately before IP completion day applies.

16Transitional provision: the Trade and Cooperation Agreement#

(1)An authorised officer of an enforcement authority must not serve an improvement notice, in respect of EU Annex 15 wine (including EU Annex 15 wine labelled on or after 1 May 2021) that is placed on the market in Wales—

(a)by a wholesaler or producer during the period beginning on 1 January 2022 and expiring on 1 May 2023;

(b)by a retailer on or after 1 January 2022 until stocks of EU Annex 15 wine are exhausted.

(2)In this regulation—• “EU Annex 15 wine” (“gwin Atodiad 15 yr UE”) means wine—(a) to which Article 5 (transitional measures) of Annex 15 (trade in wine) to the Trade and Cooperation Agreement, as read with Article 1(1) (scope) of that Annex, applies, and(b) that is imported into Great Britain from a member State;• “improvement notice” (“hysbysiad gwella”) means an improvement notice pursuant to regulation 12(1);• “placed on the market” (“a roddir ar y farchnad”) is to be construed taking into account the definition of “placing on the market” in point 8 of Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council;• “the Trade and Cooperation Agreement” (“y Cytundeb Masnach a Chydweithredu”) has the same meaning as in section 37(1) of the European Union (Future Relationship) Act 2020.

Schedule 1 · Provisions of these Regulations that contain ambulatory references to FIC or Regulation 828/2014 by virtue of regulation 2(3)

Schedule 2 · National mark for derogation relating to minced meat

Part 1 · The national mark

Part 2 · Specifications for the national mark

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

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

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

(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.

Schedule 3 · Foods to which regulation 7 does not apply

(1)Raw meat to which no ingredient other than proteolytic enzymes has been added.

(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 applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

(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.

(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”.

(5)Pizzas and similar topped products.

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

(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.

Schedule 4 · Application and modification of provisions of the Act

Part 1 · Modification of section 10(1)

(1)For section 10(1) (improvement notices) substitute—“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; andd 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 ^note 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); ^note...d any of the following provisions of the Food Information (Wales) Regulations 2014—i regulation 5(3), (4) or (5);ia regulation 5A(1);ii regulation 6(1) or (4);iia regulation 6A(1) or (3);iii regulation 7(1), (4) or (5); ^note...iv regulation 8(1) or (3); ore a provision of Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food specified in the table in Part 4 of Schedule 5 to the Food Information Regulations (Wales) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations).”

Part 2 · Modification of section 32(1)

(2)For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—“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; andiii any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council or Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food specified in Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations); andb 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 · Modification of section 37(1) and (6)

(3)For section 37(1) (appeals) substitute—“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)—

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

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

Part 4 · Modification of section 39(1) and (3)

(5)For section 39(1) (appeals against improvement notices) substitute—“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”.

Part 5 · Application and modification of other provisions of the Act

Schedule 5 · Improvement notices - specified ... provisions

Part 1 · FIC provision in relation to which an improvement notice may be served on and from 19 September 2014

Part 2 · FIC provisions in relation to which an improvement notice may be served on and from 13 December 2014

Part 3 · FIC provision in relation to which an improvement notice may be served on and from 13 December 2016

Part 4 · Regulation 828/2014 provisions in relation to which improvement notices may be served on and from 20 July 2016

Part 5 · FIC Provision in relation to which an Improvement Notice may be served on and from 1 April 2020.

Schedule 6 · Revocations

Part 1 · Revocations coming into force on 13 December 2014

Part 2 · Revocations coming into force on 13 December 2018

Schedule 7 · Consequential and other minor amendments to statutory instruments

Part 1 · Consequential and other minor amendments coming into force on 19 September 2014

(1)The Food Labelling Regulations 1996 ^note are amended as follows.

(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 ^note; ”.

(3)For regulation 41(4) (supplementary provisions relating to nutrition labelling) substitute—“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, andc 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.”

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

(5)In regulation 2 (interpretation), in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EEC^note” 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 ^note ”.

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

(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 608/2004^note ”.

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

(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 ”.

Part 2 · Consequential and other minor amendments coming into force on 13 December 2014

(10)The Food Labelling Regulations 1996 ^note are amended as follows.

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

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

(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.”

(14)The Food (Lot Marking) Regulations 1996 ^note are amended as follows.

(15)For regulation 2 (interpretation) substitute—“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 ^note;• “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)—

(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 ”.

(17)The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997 ^note are amended as follows.

(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 ”.

(19)The Bread and Flour Regulations 1998 ^note are amended as follows.

(20)In regulation 2(1) (interpretation)—

(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;”

(21)The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001 ^note are amended as follows.

(22)In regulation 2(1) (interpretation)—

(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)—

(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 ”.

(24)The Food Supplements (Wales) Regulations 2003 ^note are amended as follows.

(25)In regulation 2(1) (interpretation)—

(a)omit the definition of “Directive 90/496 ^note” (“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^note;”

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

(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 ”.

(28)The Cocoa and Chocolate Products (Wales) Regulations 2003 ^note are amended as follows.

(29)In regulation 2(1) (interpretation)—

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

(30)In regulation 5 (reserved descriptions), for paragraphs (b) and (c) substitute—“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; ord 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)—

(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 ”.

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(35)The Specified Sugar Products (Wales) Regulations 2003 ^note are amended as follows.

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

(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 ”.

(38)The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 ^note are amended as follows.

(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 ”.

(40)The Food Hygiene (Wales) Regulations 2006 ^note are amended as follows.

(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—“(a) 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;(b) 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”

(42)The Quick-frozen Foodstuffs (Wales) Regulations 2007 ^note are amended as follows.

(43)In regulation 2(1) (interpretation)—

(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 ”.

(45)The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007 ^note are amended as follows.

(46)In regulation 4(2) (offences and penalties), for sub-paragraph (e) substitute—“e Article 7(1), (2) and (3) ^note (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).”

(47)The Nutrition and Health Claims (Wales) Regulations 2007 ^note are amended as follows.

(48)In regulation 5(2) (offences and penalties), for sub-paragraph (d) substitute—“d Article 7 ^note (requirements for nutrition information);”

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(51)The Eggs and Chicks (Wales) Regulations 2010 ^note are amended as follows.

(52)In regulation 3(1) (interpretation)—

(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 ^note;• “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 ^note contravention of which is an offence)—

(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 ”.

(54)The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013 ^note are amended as follows.

(55)In regulation 2(1) (interpretation), for the definition of “meat” (“cig”) substitute—“• • “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) ^note;”

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