PART 1 General

Title, application and commencement

1.—(1) The title of these Regulations is the Official Controls (Animals, Feed and Food) (Wales) Regulations 2007.

(2) These Regulations apply in relation to Wales and come into force on 31 January 2007.

Interpretation

2.—(1) In these Regulations—

“the 2006 Regulations” (“Rheoliadau 2006”) means the Official Feed and Food Controls (Wales) Regulations 2006(5);

“the food authority” (“yr awdurdod bwyd”) in relation to any relevant legislation for which a designation is made under these Regulations has the same meaning as it has in that relevant legislation;

“inspector” (“arolygydd”) means in relation to any piece of relevant legislation, an inspector, veterinary inspector, or other officer authorised by the National Assembly or other authority to act in Wales under that relevant legislation;

“the National Assembly” (“y Cynulliad Cenedlaethol”) means the National Assembly for Wales;

“the local authority” (“yr awdurdod lleol”) in relation to any relevant legislation for which a designation is made under these Regulations has the same meaning as it has in that relevant legislation;

“premises” (“mangre”) means premises or other property, place or means of transport;

“Regulation 882/2004” (“Rheoliad 882/2004”) means Regulation (EC) No 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(6), as amended by Commission Regulation (EC) No 776/2006 amending Annex VII as regards Community reference laboratories(7) and as read with—

“relevant legislation” (“deddfwriaeth berthnasol”) has the meaning given in paragraph (3).

(2) In these Regulations—

(a) “audit” (“archwiliad”) means, except in regulation 10, an audit of a competent authority carried out for the purposes of Art 4.6 of Regulation 882/2004 in relation to one or more pieces of relevant legislation; and

(b) “auditor” (“archwilydd”) means a person carrying out such an audit.

(3) In these Regulations, “relevant legislation” (“deddfwriaeth berthnasol”) means feed law and food law to which Regulation 882/2004 applies and animal health and welfare rules, except—

(a) “relevant feed law” (“cyfraith bwyd anifeiliaid berthnasol”) and “relevant food law” (“cyfraith bwyd berthnasol”) as defined in the 2006 Regulations; and

(b) the Veterinary Medicines Regulations 2006(11) in so far as they regulate zootechnical additives and medicated feedingstuffs.

(4) In paragraph (3)(b)—

“medicated feedingstuffs” (“bwydydd anifeiliaid â meddyginiaeth”) has the meaning given in Article 1.6 of Directive 2001/82/EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products(12) as amended by Directive 2004/28/EC of the European Parliament and of the Council amending Directive 2001/82/EC on the Community code relating to veterinary medicinal products(13); and

“zootechnical additives” (“ychwanegion sootechnegol”) means feed additives in the categories mentioned in Article 6.1(d) and (e) of Regulation (EC) No. 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition(14) with the exception of those belonging to the functional group listed in paragraph 4(a), (b) and (c) of Annex 1 to that Regulation.

(5) Unless otherwise provided in this regulation, terms used in these Regulations have the same meaning as they have in Regulation 882/2004.

(6) Unless otherwise required by the context, references in these Regulations to an “Article” (“Erthygl”) or “Title” (“Teitl”) are to an Article or Title, respectively, of Regulation 882/2004.

(7) Any reference in these Regulations to a Community instrument is a reference to that instrument as from time to time amended.

PART 2 Designation of competent authorities and the exchange of information amongst them

Purposes of designations

3.  Designations in this Part are made for the purposes of Article 4.1.

Designation of the National Assembly as competent authority

4.  The National Assembly is designated a competent authority in relation to relevant legislation.

Designation of local authorities, etc, as competent authorities

5.—(1) The local authority is designated a competent authority in relation to functions of enforcement and execution (other than prosecution) which it exercises under relevant legislation.

(2) The food authority is designated a competent authority in relation to functions of enforcement and execution (other than prosecution) which it exercises under relevant legislation.

(3) In this regulation, “the local authority” and “the food authority” include a local authority or food authority which exercises its functions referred to in paragraph (1) or (2) as an “enforcement authority” under and within the meaning of relevant legislation.

Exchange of information

6.  Competent authorities designated under these Regulations may disclose information to each other and to other competent authorities in the United Kingdom and to other member States for the purposes of Regulation 882/2004.