The Smoke Flavourings (Wales) Regulations 2005
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The National Assembly, in exercise of the powers conferred by sections 16(1)(a), (c), (e) and (f), 17(2), 26(1) and (3) and 48(1) of, and paragraph 1 of Schedule 1 to, the Food Safety Act 1990 and now vested in it, and having had regard in accordance with section 48(4A) of that Act to relevant advice given by the Food Standards Agency, and after consultation 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 makes the following Regulations:
Title, commencement and application
1. These Regulations -
(b) come into force -
(ii) otherwise, on 16 June 2005;
(c) apply in relation to Wales.
(2) Other expressions used in these
Regulations and in Regulation 2065/2003 have the same meanings in
these Regulations as in Regulation 2065/2003 and in these Regulations
any reference to a numbered article or annex is a reference to the
article or annex so numbered in Regulation
(b) if that food is part of a batch, lot or consignment of food of the same class or description it is to be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
(2) For the purposes of this regulation
"food" includes any primary smoke condensate, primary tar fraction or
derived smoke flavouring.
(b) section 20 (offences due to the fault of another person);
(c) section 21 (defence of due diligence) as it applies for the purposes of sections 14 or 15 of that Act);
(d) section 22 (defence of publication in the course of business);
(e) section 30(8) (which relates to documentary evidence);
(f) section 33(1) (obstruction, etc. of officers);
(g) section 33(2), with the modification that the reference to "any such requirement as is mentioned in subsection 1(b) above" is deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (f);
(h) section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (f);
(i) section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (g);
(j) section 36 (offences by bodies corporate); and
(k) section 44 (protection of officers acting in good faith).
(This note is not part of the Regulations)
These Regulations, which apply in relation to Wales, provide for the enforcement and execution of certain specified provisions of Regulation (EC) No. 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods (OJ No. L309, 26.11.2003, p.1.).
In particular these Regulations -
(b) apply various provisions of the Food Safety Act 1990 with some modifications in their application for the purposes of these Regulations (regulations 4 and 6);
(c) establish penalties for failing to comply with certain specified provisions of Regulation (EC) No. 2065/2003 (regulation 5 and the Schedule);
(d) provide for certain food authorities to enforce the provisions of these Regulations and Regulation (EC) No. 2065/2003 (regulation 7).
A regulatory appraisal pursuant to section 65 of the Government of
Wales Act 1998 has been prepared for these Regulations and placed in
the Library of the National Assembly for Wales. Copies may be obtained
from the Food Standards Agency, 11th Floor, Southgate House, Wood
Street, Cardiff, CF10 1EW.
 1990 c.16.back
 Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672).back
 OJ No. L31, 1.2. 2002, p.1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4). By virtue of regulation 5 of the Food Safety Act 1990 (Amendment) Regulations 2004 (S.I. No. 2004/2990), with effect from 7 December 2004 the consultation requirement contained in section 48(4) of the 1990 Act is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002.back
ISBN 0 11 091130 X
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