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The National Assembly for Wales, in the exercise of powers conferred by sections 6(4),16(1)(e) and (f), 17, 18(1), 26(1) and (3) and 48(1) 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: 1. These Regulations may be cited as the Genetically Modified and Novel Foods (Labelling) (Wales) Regulations 2000, shall come into force on 25 July 2000 and shall apply to Wales. Interpretation 2. - (1) In these Regulations -
(b) in relation to flour confectionery, bread and edible ices, prepacked by a retailer for sale as in sub-paragraph (a) of this definition, or prepacked by the producer of the food for sale by that producer either on the premises where the food is produced or on other premises from which that producer conducts business under the same name as the business conducted on the premises where the food is produced,
(2) Other expressions used both in these Regulations and in Regulation 1139/98 or Regulation 50/2000 have the same meaning in these regulations as they have in the Regulation concerned.
(b) it is
(ii) wholly enclosed in packaging before being offered for sale and the food is intended to be cooked without opening the packaging, but food shall not be regarded as prepacked for the purposes of these Regulations if it comprises an individually wrapped sweet or chocolate which is not enclosed in any further packaging and which is not intended for sale as an individual item.
(4) Any reference in these Regulations to a numbered regulation shall, unless the context otherwise requires, be construed as a reference to the regulation so numbered in these Regulations. Exemptions 3. - (1) Subject to paragraph (2) below, these Regulations shall not apply in respect of any food brought into Wales from another part of the United Kingdom or a Member State (other than the United Kingdom), if -
(b) it was produced in a Member State or was in free circulation in the part of the United Kingdom or the Member State from which it is brought into Wales, and (c) the requirements of Regulation 1139/98 or Regulation 50/2000 (as applicable), as read in each case with Directive 79/112, are met in respect of that food.
(2) Nothing in paragraph (1) above shall prevent the enforcement of regulation 7(c).
(b) on a label attached to the packaging, or (c) on a label which is clearly visible through the packaging, save that where the sale is otherwise than to the final consumer, such particulars may, alternatively, appear only on the commercial documents relating to the food where it can be guaranteed that such documents, containing all such particulars, either accompany the food to which they relate or were sent before, or at the same time as, delivery of the food.
Manner of marking or labelling: special rules
(b) food which is prepacked for direct sale; and (c) any individually wrapped fancy confectionery product which is not enclosed in any further packaging and which is intended for sale as a single item.
(2) When any food to which this regulation applies is sold to the final consumer, the particulars with which it is required to be marked or labelled by Regulation 1139/98 or Regulation 50/2000 shall, except as provided in paragraph (3) below, appear -
(b) on a menu, notice, ticket or label which is readily discernible by an intending purchaser at the place where the intending purchaser chooses that food.
(3) In any case where food -
(b) is -
(ii) prepacked for direct sale, and
(c) is sold to the final consumer at appropriate premises,
use of alternative labelling in place of the GMO particulars shall not alone be treated as a contravention of those labelling requirements and for this purpose alternative labelling is used where, instead of the particulars referred to in Article 2(3) of Regulation 1139/98 or in Articles 2 and 4 of Regulation 50/2000 appearing in the manner specified in paragraph (2)(a) or (b) above, alternative particulars are displayed in accordance with paragraph (4) below.
(b) in the case of food to which the labelling requirements of Regulation 50/2000 apply, indications to the effect that some of the food sold at those premises contains additives or flavourings, or both, as the case may be, produced from a genetically modified organism, and that further information is available from the staff.
(5) In this regulation, "premises" includes any ship or aircraft and "appropriate premises" means premises where -
(ii) particular food sold at those premises contains additives or flavourings produced in whole or in part from a genetically modified organism, and
(b) there is an established procedure at those premises for keeping staff informed of that information.
(6) When any food to which this regulation applies is sold otherwise than to the final consumer, the particulars with which it is required to be marked or labelled by Regulation 1139/98 or Regulation 50/2000 shall appear -
(b) on a ticket or notice which is readily discernible by the intending purchaser at the place where the intending purchaser chooses the food, or (c) in commercial documents relating to the food where it can be guaranteed that such documents either accompany the food to which they relate or were sent before, or at the same time as, delivery of the food.
Intelligibility of marking or labelling Offences and penalties 7. Any person who -
(b) sells any food which is not marked or labelled in accordance with regulation 4, 5 or 6, or (c) places on the market any novel food or novel food ingredient in respect of which the additional requirements relating to consumer information set out in Article 8(1) of Regulation 258/97 have not been met,
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(b) in the case of export to a Member State of food to which Regulation 1139/98 or Regulation 50/2000 applies, that the legislation complies with the provisions of Regulation 1139/98 or Regulation 50/2000, as appropriate, as read with Directive 79/112.
Application of various provisions of the Act
(2) In the application of section 32 of the Act (powers of entry) for the purposes of these Regulations, the reference in subsection (1)(a) to the Act shall be construed as including a reference to Regulation 258/97, Regulation 1139/98 and Regulation 50/2000.
Consequential amendments
(b) in paragraph (3A), the words "and the GMO particulars" shall be omitted.
(5) In regulation 35 (general requirement as to manner of marking or labelling), the words "or by Regulation 1139/98" shall be omitted.
(b) paragraphs (4A) to (4C) shall be omitted.
(7) In regulation 38(1) (intelligibility of marking or labelling), the words "or by Regulation 1139/98" shall be omitted.
(b) regulation 7(b), as read with regulation 5 or 6,
in relation to the particulars with which any relevant food is required to be marked or labelled by Regulation 1139/98, it shall be a defence to prove that -
(ii) in the case of food sold to a mass caterer, it was prepared using an ingredient which was on sale before 10th April 2000.
(2) In any proceedings for an offence under -
(b) regulation 7(b), as read with regulation 5 or 6,
in relation to the particulars with which any relevant food or is required to be marked or labelled by Regulation 50/2000, it shall be a defence to prove that the food was sold to the final consumer or to a mass caterer and was prepared using an ingredient which was on sale before 10th April 2000.
(ii) prepacked for direct sale.
(This note does not form part of the Regulations) These Regulations, which apply to Wales only, make provision for the enforcement of -
(b) Commission Regulation (EC) No. 50/2000 on the labelling of foodstuffs and food ingredients containing additives and flavourings that have been genetically modified or have been produced from genetically modified organisms; and (c) the labelling requirements in Article 8(1) of Council Regulation (EC) No. 258/97 concerning novel foods and novel food ingredients (as read with Articles 1 and 2 of that Regulation).
The products covered by Regulation 1139/98 are foods and food ingredients which are to be delivered as such to the final consumer, having been produced in whole or in part from genetically modified soya beans or genetically modified maize, as referred to in Article 1 of that Regulation. Regulation 49/2000 extended the scope of Regulation 1139/98 to cover sales to mass caterers and established a minimum threshold of 1% for the accidental contamination of an ingredient with material derived from genetically modified organisms. Regulation 50/2000 also applies in the case of food and food ingredients intended for final consumers and mass caterers. Regulations 1139/98, as amended, and Regulation 50/2000 contain transitional provisions.
(b) of the presence in the novel food or novel food ingredient of material which is not present in an existing equivalent foodstuff and which may have implications for the health of certain sections of the population or give rise to ethical concerns; and (c) of the presence of a genetically modified organism.
Regulations 1139/98, as amended, and 50/2000 were made pursuant to Article 4(2) of Council Directive 79/112/EEC on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. Pursuant to Articles 11 and 13 of that Directive, these Regulations contain -
(b) provision as to the manner of marking or labelling in the case of the particulars required by those EC Regulations (regulations 4 to 6).
Further to Article 12 of that Directive, these Regulations -
(b) contain transitional arrangements in respect of sales of such food to the final consumer or to a mass caterer (regulation 13).
These regulations also -
(b) provide a defence in relation to exports, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation 9); (c) incorporate specified provisions of the Food Safety Act 1990 (regulation 10); and (d) make consequential amendments of other legislation in relation to Wales (regulations 11 and 12).
Notes: [1] 1990 c.16; functions formerly exercisable by "the Ministers" are now exercisable by the National Assembly for Wales pursuant to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Section 6(4)(a) of the Act was amended by the Deregulation and Contracting Out Act 1994 (c.40), Schedule 9, paragraph 6. Section 48(4A) was added by the Food Standards Act 1999 (c.28), Schedule 5 paragraph 21.back [2] OJ No. L33, 8.2.79, p.1.back [3] OJ No. L144, 29.5.86, p.38.back [4] OJ No. L186, 30.6.89, p.17.back [5] OJ No. L43, 14.2.97, p.1.back [6] OJ No. L159, 3.6.98, p.4.back [7] OJ No. L190, 4.7.98, p.86.back [8] OJ No. L6, 11.1.2000, p.13.back [9] O.J No. L6, 11.1.2000, p15.back [10] S.I. 1996/1499; the relevant amending instruments are S.I. 1998/1398, 1999/747, 1483.back [11] S.I. 1997/1335; to which there are amendments not relevant to these Regulations.back
ISBN 0-11-090115-0
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