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Statutory Instruments made by the National Assembly for Wales |
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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Nutrition and Health Claims (Wales) (Amendment) Regulations 2024 No. 1045 (W. 173) URL: http://www.bailii.org/wales/legis/num_reg/2024/wsi_20241045_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Welsh Statutory Instruments
Food, Wales
Made
16 October 2024
Laid before Senedd Cymru
18 October 2024
Coming into force
23 January 2025
The Welsh Ministers make these Regulations in exercise of the powers conferred by sections 16(1)(f), 17(2), 26(1)(a), (2)(e) and (3) and 48(1) of the Food Safety Act 1990( 1).
In accordance with section 48(4A) of that Act, the Welsh Ministers have had regard to relevant advice given by the Food Standards Agency( 2).
There has been open and transparent public consultation during the preparation and evaluation of these Regulations. This was required by Article 9 of the Regulation of the European Parliament and of the Council of 28 January 2002( 3) 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.
1.—(1) The title of these Regulations is the Nutrition and Health Claims (Wales) (Amendment) Regulations 2024.
(2) These Regulations come into force on 23 January 2025.
2.—(1) The Nutrition and Health Claims (Wales) Regulations 2007( 4) are amended as follows.
(2) In regulation 2(1) (interpretation), in the appropriate place insert—
““ specified provision of the Regulation ” ( “darpariaeth benodedig o’r Rheoliad ”) means—
Article 3 (general requirements relating to all claims);
Article 4(3) (restrictions on claims that may be made on alcoholic beverages);
Article 6(2) (requirement for use of claims to be justified);
Article 7 (requirements for nutrition information);
Article 8(1) (requirements for nutrition claims);
Article 9 (requirements for comparative claims);
Article 10(1), (2) and (3) (requirements for health claims);
Article 12 (prohibition of certain health claims);
Article 14(2) (requirements for reduction of disease risk claims). ”
(3) In regulation 5 (offences and penalties)—
(a) in paragraph (1)—
(i) omit “(1)” so that the existing text becomes regulation 5;
(ii) for “the provisions of the Regulation specified in paragraph (2)”, substitute “a specified provision of the Regulation”;
(b) omit paragraph (2).
(4) In regulation 6 (application of various provisions of the Act)—
(a) after paragraph (b) insert—
“(ba) section 10(1) and (2) (improvement notices) with the modifications specified in Part 1 of the Schedule; ”;
(b) after paragraph (f) insert—
“(fa) section 32(1) to (8) (powers of entry) with the modifications specified in Part 2 of the Schedule;
(fb) section 33 (obstruction etc. of officers); ”;
(c) after paragraph (g) insert—
“(ga) section 35 (punishment of offences) with the modification specified in Part 3 of the Schedule; ”;
(d) after paragraph (i) omit “and” and insert—
“(ia) section 37(1), (3), (5) and (6) (appeals to magistrates’ court) with the modifications specified in Part 4 of the Schedule;
(ib) section 39 (appeals against improvement notices) with the modification specified in Part 5 of the Schedule; ”.
(5) Omit regulation 7 (obstruction of officers and provision of information etc).
(6) After the signature and date, insert the following Schedule—
Regulation 6
1. Section 10(1) is to be read as if there were substituted—
“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a specified provision of the Regulation, 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 a specified provision of the Regulation;
(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;
(d) require the person to take those measures, or measures which are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice. ”
2. Section 32(1) is to be read as if, for paragraphs (a) to (c), there were substituted—
“(a) to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been any contravention of a specified provision of the Regulation;
(b) to enter any business premises, whether within or outside the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of a specified provision of the Regulation; ” .
3. Section 35 is to be read as if, after subsection (1A), there were inserted—
“(1B) A person guilty of an offence under section 10(2) shall be liable, on summary conviction, to a fine. ”
4. The heading to section 37 is to be read as if “or sheriff” were omitted.
5. Subsection (1) is to be read as if there were substituted—
“(1) Any person who is aggrieved by a decision of an unauthorised officer of an enforcement authority to serve an improvement notice may appeal to the magistrates’ court. ” .
6. Subsection (5) is to be read as if there were substituted—
“(5) An appeal as is mentioned in subsection (3) above must be made within the earlier of—
(a) the period of 28 days beginning with the day on which the improvement notice was served on the person desiring to appeal, or
(b) the period specified in the improvement notice,
and, in the case of such an appeal as is mentioned in subsection (3) above, the making of the complaint shall be deemed for the purpose of this subsection to be the bringing of the appeal. ” .
7. Subsection (6) is to be read as if—
(a) “or (4)” were omitted, and
(b) in paragraph (a), “or to the sheriff” were omitted.
8. Subsection (3) is to be read as if “for want of prosecution” were omitted. ”
Sarah Murphy
Minister for Mental Health and Early Years, one of the Welsh Ministers
16 October 2024
(This note is not part of the Regulations)
These Regulations are made by the Welsh Ministers in exercise of their powers under the Food Safety Act 1990 (c. 16)(“ the 1990 Act”) and amend the Nutrition and Health Claims (Wales) Regulations 2007 ( S.I. 2007/2611 (W. 222)) (“ the 2007 Regulations”).
The 2007 Regulations provide for the execution and enforcement of certain provisions (“ the specified provisions”) of Regulation (EC) No. 1924/2006of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (“ Regulation 1924/2006”). Regulation 1924/2006is assimilated direct legislation under the Retained EU Law (Revocation and Reform) Act 2023 (c. 28).
The 2007 Regulations make it an offence to contravene the specified provisions. The 2007 Regulations also apply certain provisions of the 1990 Act for the purposes of the 2007 Regulations. Regulations 2(2) and 3(b) of these Regulations amend the 2007 Regulations to move the provision setting out the specified provisions from regulation 5 of the 2007 Regulations to regulation 2(1) of those Regulations. These Regulations amend the 2007 Regulations to make changes to the enforcement regime. This includes the application (with modifications, where appropriate) of the following provisions of the 1990 Act—
section 10(1), to enable an improvement notice to be served requiring compliance with the specified provisions;
section 10(2), to make a failure to comply with an improvement notice a criminal offence;
section 32, to give authorised officers of an enforcement authority various powers including a power to enter premises to ascertain whether there is any breach, or evidence of a breach, of the specified provisions;
section 33, to make it an offence to obstruct persons acting in execution of the 2007 Regulations, to fail to give such persons assistance or information in performance of their functions or to give them false or misleading information;
section 35, to provide that where a person is guilty of an offence under section 10(2), they shall be liable, on summary conviction, to a fine;
sections 37 and 39, to make provision in relation to appeals against improvement notices.
These Regulations also revoke regulation 7 of the 2007 Regulations (offence of obstruction of officers). This regulation is replaced by the application of the corresponding provisions in section 33 of the 1990 Act.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published onwww.gov.wales.
1990 c. 16(“ the 1990 Act”). Functions of the Secretary of State under sections 16, 17, 26 and 48, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales (established by the Government of Wales Act 1998 (c. 38)) by article 2 and Schedule 1 of S.I. 1999/672(“ the 1999 Order”). Those functions were transferred to Welsh Ministers by section 162 and Schedule 11, paragraph 30 of the Government of Wales Act 2006 (c. 32)(“ the 2006 Act”). (The reference in the 1999 Order to the National Assembly for Wales is to be read as a reference to Senedd Cymru by virtue of section 150A(2) of the 2006 Act). Section 150A(2) of the 2006 Act provides that a reference to the National Assembly for Wales is to be read as a reference to the Senedd Cymru. Section 150A(3) of the 2006 Act states that a reference to Senedd Cymru is to be read as including a reference to the National Assembly for Wales. Sections 16(1) and 48(1) of the 1990 Act were amended by paragraphs 7 and 8 of Schedule 5 to the Food Standards Act 1999 (c. 28)(“ the 1999 Act”). Section 17(2) of the 1990 Act was amended by section 40(1), paragraphs 7, 8 and 12(b) of Schedule 5 to the 1999 Act and by articles 3 and 6 of S.I. 2011/1043. Section 26(3) of the 1990 Act was amended by section 40(4), Schedule 6 to the 1999 Act.
Section 48(4A) was inserted by paragraph 21 of Schedule 5 to the 1999 Act.
EUR 2002/178, to which there are amendments not relevant to these Regulations.
S.I. 2007/2611 (W. 222), as amended by: S.I. 2010/1849, regulations 2 and 3; S.I. 2014/1102, regulation 4; S.I. 2014/2303, regulation 13, Schedule 6, Part 1 and regulation 14, Schedule 7, Part 1, paragraphs 8 and 9 and Part 2, paragraphs 47 and 48.
