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Statutory Instruments made by the National Assembly for Wales
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URL: http://www.bailii.org/wales/legis/num_reg/2001/20011360e.html

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2001 No. 1360 (W. 88)

FOOD, WALES

The Beef Labelling (Enforcement) (Wales) Regulations 2001

  Made 29th March 2001 
  Coming into force 1st April 2001 

The National Assembly for Wales, in exercise of the powers conferred on it by sections 6(4), 17(2) and 26(3) of the Food Safety Act 1990[1], 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) of that Act, makes the following Regulations:

Title, application and commencement
     1. These Regulations may be cited as the Beef Labelling (Enforcement) (Wales) Regulations 2001; they shall apply to Wales and shall come into force on 1st April 2001.

Interpretation
     2.  - (1) In these Regulations - 

    (2) Any reference in these Regulations to a numbered regulation is a reference to the regulation bearing that number in these Regulations.

Competent authority
     3. The National Assembly shall be the competent authority for the purposes of Title II of Regulation 1760/2000, Commission Regulation 1141/97 and Commission Regulation 1825/2000.

Enforcement of compulsory and voluntary labelling requirements
     4.  - (1) Any person who fails to comply with - 

shall be guilty of an offence.

    (2) Where beef has been labelled and marketed in a manner which does not comply - 

an officer of an enforcement authority within the meaning of paragraph (1) of regulation 5 or a person authorised by the National Assembly may serve a notice on the person in possession of the beef requiring its removal from sale until the beef is re-labelled in accordance with those requirements.

    (3) In respect of beef derived from animals slaughtered on or after 1 September 2000, a notice served under paragraph (2) above may authorise the beef to be sent directly for processing into products other than those indicated in the first indent of Article 12 of Regulation 1760/2000.

    (4) Any person who fails to comply with the provisions of a notice served under paragraph (2) above shall be guilty of an offence.

Enforcement Authorities
     5.  - (1) Subject to the following provisions of this regulation, the enforcement authorities for the purposes of the enforcement of these Regulations shall be, as respects each county and county borough, the council of that county or county borough.

    (2) These Regulations shall be enforced as respects abattoirs, cutting plants and wholesalers by the authorities referred to in paragraph (1) of this regulation and by the National Assembly.

Penalties
     6. A person guilty of an offence under any provision of these Regulations shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of various provisions of the Food Safety Act 1990
     7.  - (1) The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations as they apply for the purposes of sections 8, 14 or 15 of that Act and unless the context otherwise requires any reference to those provisions in that Act shall be construed as a reference to those provisions as applied for the purposes of these Regulations -

    (2) Sections 32 and 33 of the Food Safety Act 1990 (powers of entry, obstruction etc. of officers) shall apply for the purposes of these Regulations as they apply for the purposes of that Act; and any reference to the Act in those sections shall be construed for the purposes of these Regulations as including a reference to - 

Revocation
     8. The Beef Labelling (Enforcement) Regulations 1998[5] are revoked in so far as they apply to Wales.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[6]


D.Elis Thomas
The Presiding Officer of the National Assembly

29th March 2001


EXPLANATORY NOTE

(This note does not form part of the Regulations)


These Regulations provide for the enforcement in Wales of - 

These Regulations - 

  • revoke the Beef Labelling (Enforcement) Regulations 1998 in relation to Wales.

    Notes:

     [1] 1990 c. 16; Functions expressed as exercisable by "the Secretary of State" are now exercisable in relation to Wales by the National Assembly for Wales pursuant to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Section 48(4A) was added by the Food Standards Act 1999 (c.28), Schedule 5, paragraph 21.back

    [2] OJ No. L165, 24.6.97. p.7, as last amended by Commission Regulation (EC) No. 824/98 (OJ No. L117, 21.4.98, p. 4).back

    [3] OJ No. L216, 26.8.00, p.8.back

    [4] OJ No. L204, 11.8.00, p.1.back

    [5] S.I. 1998/616.back

    [6] 1998. c 38.back


    Cymraeg (Welsh)


    ISBN 0-11-090240-8


      Prepared 22 June 2001

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    URL: http://www.bailii.org/wales/legis/num_reg/2001/20011360e.html