The Food and Feed Regulated Products (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019

Made: 4 March 2019

Laid before the National Assembly for Wales: 5 March 2019

Coming into force in accordance with regulation 1(3)

The Welsh Ministers make these Regulations in exercise of the powers conferred by paragraph 1(1) of Schedule 2 to the European Union (Withdrawal) Act 2018 and by section 16(2)(a) of the Food Safety Act 1990 .

The requirements of paragraph 4(2) of Schedule 7 to the European Union (Withdrawal) Act (relating to the appropriate National Assembly for Wales scrutiny procedure for these Regulations) have been satisfied.

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 there has been open and transparent public consultation during the preparation of these Regulations.

Title, application and commencement

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• (1) Enw’r Rheoliadau hyn yw Rheoliadau Cynhyrchion Bwyd a Bwyd Anifeiliaid Rheoleiddiedig (Diwygiadau Amrywiol) (Cymru) (Ymadael â’r UE) 2019.

• (2) Mae’r Rheoliadau hyn yn gymwys o ran Cymru.

• (3) Daw’r Rheoliadau hyn i rym ar y diwrnod ymadael.

The Genetically Modified Food (Wales) Regulations 2004

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The Materials and Articles in Contact with Food (Wales) Regulations 2012

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• (1) The Materials and Articles in Contact with Food (Wales) Regulations 2012 are amended as follows.

• (2) In regulation 2(1), omit the definition of “Directive 84/500/EEC”.

• (2A) In regulation 4(3) omit “Community”.

• (2B) In regulation 6(1)—

• (a) omit sub-paragraph (a);

• (b) in sub-paragraph (b), for “16(1)” substitute “16”.

• (3) In regulation 9, omit paragraph (b).

• (4) For regulation 10 substitute—

(10) (1) The quantities of lead and cadmium transferred from a ceramic article must not exceed the limits set out in paragraph (5) as read with paragraphs (4) and (6). (2) Unless it is demonstrated that the materials used to make the ceramic article did not contain lead or cadmium, the quantities of lead and cadmium transferred from a ceramic article must be determined by means of a test, the conditions of which are specified in Schedule 3, using the method of analysis described in Schedule 4. (3) No person may place on the market a ceramic article that does not comply with the requirements of paragraph (1) as read with paragraph (2). (4) Where a ceramic article consists of a vessel fitted with a ceramic lid, the lead or cadmium limits (or both) which may not be exceeded (mg/dm² or mg/litre) must be that which applies to the vessel alone. The vessel alone and the inner surface of the lid must be tested separately and under the same conditions. The sum of the two lead or cadmium extraction levels obtained by this method must be related as appropriate to the surface area or the volume of the vessel alone. (5) A ceramic article is to be recognised as satisfying the requirements of these Regulations relating to such articles if the quantities of lead and/or cadmium extracted during the test carried out under the conditions laid down in Schedule 3 and Schedule 4 do not exceed the following limits—

(6) However, where a ceramic article does not exceed the above quantities by more than 50%, that article is nevertheless to be recognised as satisfying the requirements of these Regulations relating to such articles if at least three other articles with the same shape, dimensions, decoration and glaze are subjected to a test carried out under the conditions laid down in Schedule 3 and Schedule 4 and the average quantities of lead and/or cadmium extracted from those articles do not exceed the limits set, with none of those articles exceeding those limits by more than 50%.

• (5) After regulation 10 insert—

(10A) (1) A person who places on the market a ceramic article which is not yet in contact with foodstuffs must provide a written declaration complying with paragraph (2) to accompany the article at the marketing stages up to and including the retail stage. (2) The declaration must be issued by the manufacturer or by a seller in Great Britain and must contain the information laid down in Schedule 5. (3) A person who manufactures or, in the course of a business, imports into Great Britain a ceramic article must on request make available to an authorised officer appropriate documentation to demonstrate that the ceramic article complies with the migration limits for lead and cadmium set out in regulation 10 including— (a) the results of the analysis carried out; (b) the test conditions; (c) the name and the address of the laboratory that performed the testing. (4) Paragraphs (1), (2) and (3) do not apply in relation to a ceramic article which is second-hand. (5) The documentation specified in paragraph (3)(a), (b) and (c) is not required where documentary evidence is provided to show that the materials used to make the ceramic article did not contain lead or cadmium.

• (6) In regulation 18, after paragraph (2) insert—

(3) The method of analysis used for checking compliance with paragraph (1) must comply with the criteria set out in paragraphs (4), (5) and (6). (4) The level of vinyl chloride in materials and articles and the level of vinyl chloride released by materials and articles to foodstuffs are determined by means of gas-phase chromatography using the ‘headspace’ method. (5) For the purposes of determining vinyl chloride released by materials and articles to foodstuffs, the detection limit is 0.01 milligrams of vinyl chloride per kilogram of food. (6) Vinyl chloride released by materials and articles to foodstuffs is in principle determined in the foodstuffs. When the determination in certain foodstuffs is shown to be impossible for technical reasons, a food authority may permit determination by simulants for these particular foodstuffs.

• (6A) In regulation 27(1)(a)(i), for “10(4), 10(6)” substitute “10A(1), 10A(3).

• (6B) In Schedule 2, in paragraph 1, in the substituted section 10(1A), for “10(4), 10(6)” substitute “10A(1), 10A(3).

• (7) After Schedule 2, insert the new Schedules 3 to 5 set out in the Schedule to these Regulations.

The Food Additives, Flavourings, Enzymes and Extraction Solvents (Wales) Regulations 2013

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ATODLEN

Signed

Vaughan Gething — Minister for Health and Social Services, one of the Welsh Ministers — 2019-03-04

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 p. 16.

[^f00002]: 1990 p. 16. Diwygiwyd adran 16(2) gan baragraff 8 o Atodlen 5 i Ddeddf Safonau Bwyd 1999 (p. 28) (“Deddf 1999”). Trosglwyddwyd swyddogaethau a oedd gynt yn arferadwy gan “the Ministers”, i’r graddau yr oeddent yn arferadwy o ran Cymru, i Gynulliad Cenedlaethol Cymru gan O.S. 1999/672 fel y’i darllenir gydag adran 40(3) o Ddeddf 1999, a’u trosglwyddo wedi hynny i Weinidogion Cymru gan baragraff 30 o Atodlen 11 i Ddeddf Llywodraeth Cymru 2006 (p. 32).

[^f00003]: OJ Rhif L 31, 1.2.2002, t. 1, y mae diwygiadau iddo nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00005]: O.S. 2012/2705 (Cy. 291), y mae diwygiadau iddo nad ydynt yn berthnasol i’r Rheoliadau hyn.

Editorial notes

[^c24512011]: 2018 c.16.

[^c24512021]: 1990 c. 16. Section 16(2) was amended by paragraph 8 of Schedule 5 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”). Functions 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).

[^c24512031]: OJ No. L 31, 1.2.2002, p. 1, to which there are amendments not relevant to these Regulations.

[^c24512051]: S.I. 2012/2705 (W. 291), to which there are amendments not relevant to these Regulations.

[^key-c53f3cac7de1780eeb9d8ba0aba9b23e]: Sch. in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-6161da62eec22080945e6601e5089f74]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-d33f4679978dac0f7e2aa715c41d2375]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

[^key-937db799342272f02cb0c448afe6aa47]: Words in Sch. substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(5)

[^key-ba686802d0937d0dd8a61eee0c0ea79c]: Reg. 2 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(2)

[^key-e59626e0f53f6701c57304a133220f5e]: Reg. 3(2A)(2B) inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(a)

[^key-5ea8f0ff9361a4d249781a04ab8a48f4]: Words in reg. 3(5) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(b)(i)

[^key-16c1a21b128ed2220400bd5c45225fde]: Words in reg. 3(5) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(b)(ii)

[^key-0b8b27cf3ff4d20ed2afce7c34e9d162]: Words in reg. 3(5) substituted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(b)(iii)

[^key-9ef4e5ee841f727209c791bf3463e36d]: Reg. 3(6A)(6B) inserted (31.12.2020 immediately before IP completion day) by The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(3)(c)

[^key-6924c25fbae8aaabffc4a5d46aa983cd]: Reg. 4 omitted (31.12.2020 immediately before IP completion day) by virtue of The Food and Feed Hygiene and Safety (Miscellaneous Amendments and Saving Provision) (Wales) (EU Exit) Regulations 2020 (S.I. 2020/1581), regs. 1(2), 2(4)

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