The Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000

Made: 19th December 2000

Coming into force:—

The National Assembly for Wales in exercise of the powers conferred by sections 16(1)(d) and (f) and (3), 19(1)(b), 26(2)(a) and (d) and (3), 45(1) and 48(1)(b) and (c) of, and paragraph 5(3) of Schedule 1 to, the Food Safety Act 1990[^f00001], and now vested in it[^f00002], after having regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency and after consultation in accordance with section 48(4) and (4B) of that Act, makes the following Regulations—

Citation, commencement, application and interpretation

1

• (1) These Regulations may be cited as the Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000 and shall come into force as follows—

• (a) regulations 1 and 5 on 31 December 2000

• (b) regulations 2, 3 and 4 on 30 June 2001

• (2) These Regulations apply to Wales only.

• (3) In these Regulations “the general Regulations” means the Food Safety (General Food Hygiene) Regulations 1995[^f00003].

Amendment of regulation 3(1)

2

In regulation 3(1) of the general Regulations (application of provisions of the general Regulations), for the words “regulations 4 and 5” there shall be substituted the words “regulations 4, 4A and 5”.

Insertion of regulation 4A and Schedule 1A

3

• (1) After regulation 4 of the general Regulations there shall be inserted the following regulation—

(4A) Schedule 1A (provisions relating to the licensing of butchers' shops) shall have effect.

• (2) After Schedule 1 to the general Regulations there shall be inserted as Schedule 1A the provisions set out in the Schedule to these Regulations.

Amendment of regulation 6(1)

4

In regulation 6(1) (offences and penalties) of the general Regulations after “or 5,” there shall be inserted “or paragraph 2 of Schedule 1A”.

Transitional provision

5

• (1) Before regulations 2, 3 and 4 above come into force—

• (a) persons may apply for licences as if those regulations were in force by submitting applications which comply with Schedule 1A to the general Regulations, as set out in the Schedule to these Regulations;

• (b) food authorities—

• (i) shall determine any such applications which they receive, give notices of determinations and, where appropriate, issue licences; and

• (ii) may suspend or revoke any licence issued in respect of such an application and take any steps which they consider appropriate for the purposes of making determinations in relation to such applications and licences (including the inspection of premises and the receipt of charges),

as if the said Schedule 1A were in force;

• (2) Any licence granted by a food authority pursuant to such an application shall, subject to paragraph 10 of Schedule 1A, remain in force for a period of one year commencing with the later of the date on which it is issued or 30 June 2001.

THE SCHEDULE — SCHEDULE 1A FOR INSERTION IN THE GENERAL REGULATIONS

Signed

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[^f00004]

D. Elis Thomas — The Presiding Officer of the National Assembly — 19th December 2000

Explanatory note

(This note does not form part of the Regulations)

These Regulations amend the Food Safety (General Food Hygiene) Regulations 1995 (“the general Regulations”) in relation to Wales (see regulation 1(2)) by introducing a requirement for butchers' shops to be licensed by food authorities. Butcher’s shops for these purposes are fixed or moveable premises in which unwrapped raw meat is handled and from which both raw meat and ready to eat food are sold to consumers (see the definition of “butcher’s shop” in paragraph 1 of Schedule 1A).

Regulation 2 amends regulation 3 of the general Regulations so that the provisions relating to the licensing of butchers' shops do not apply to those businesses to which the sectoral provisions listed in that regulation apply.

Regulation 3 inserts the provisions set out in the Schedule as Schedule 1A which make provision for the licensing of butchers' shops. Paragraph 4 of the Schedule makes provision for applications for licences and provides that a charge of £100 is payable in respect of the issue of a licence.

Paragraph 5 imposes licence conditions. In mixed business premises the conditions only apply to certain parts (see paragraph 5(6)).

Paragraph 6 provides that licences remain in force for periods of a year.

Paragraph 7 has effect where an applicant who holds a licence in respect of a butcher’s shop applies for a further licence in respect of his shop up to four months before the expiry of his existing licence. If the further licence is granted, it begins on the expiry of the existing licence so that the applicant is not prejudiced by making an application before his existing licence expires.

Paragraph 9 permits the premises of established butchers' shops to continue to be used where an application for a licence has been refused and the time for appealing against the refusal has not elapsed or an appeal against the refusal is being brought (see section 37 of the Food Safety Act 1990 which provides for appeals to be brought within one month).

Paragraph 10 provides for the suspension and revocation of licences and for licences to remain in force until the time for appealing against a suspension or revocation has expired and whilst an appeal is pending (see section 37).

Regulation 4 amends regulation 6(1) of the general Regulations so that using premises as a butcher’s shop otherwise than in accordance with a licence is a criminal offence.

Regulation 5 contains transitional provisions so that licences may be issued before the first day on which they are required. Such licences remain in force for the period of one year beginning on that day.

A Regulatory Appraisal of these Regulations has been prepared and copies may be obtained from the Food Standards Agency - Wales, 1st Floor, Southgate House, Wood Street, Cardiff, CF10 1EW.

Footnotes

[^f00001]: 1990 c. 16. Section 48 was amended by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).

[^f00002]: Functions vested in Ministers of the Crown under the Food Safety Act 1990, except section 54(4), were transferred to the National Assembly for Wales, in so far as exercisable in relation to Wales, by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

[^f00003]: S.I. 1995/1763, to which no relevant amendments have been made.

[^f00004]: 1998 c. 38.

[^f00005]: S.I. 1991/2825, to which no relevant amendments have been made.

[^f00006]: S.I. 1995/539.

[^f00007]: S.I. 1995/540.

[^f00008]: S.I. 1995/2148.

[^f00009]: S.I. 1995/2200; to which no relevant amendments have been made.