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Statutory Instruments

2007 No. 3252 (W.287)

FOOD, WALES

The Materials and Articles in Contact with Food (Wales) Regulations 2007

Made

13 November 2007

Laid before the National Assembly for Wales

14 November 2007

Coming into force

for the purpose of regulations 5, 7 and 14(3)

1 August 2008

for all other purposes

6 December 2007

CONTENTS

Go to Preamble

  1. PART 1

    Preliminary

    1. 1. Title, application and commencement

    2. 2. Interpretation

    3. 3. Scope

  2. PART 2

    General Requirements for Materials and Articles

    1. 4. Enforcement of Regulation 1935/2004

    2. 5. Enforcement of Regulation 2023/2006

    3. 6. Competent authorities for the purposes of Regulation 1935/2004

    4. 7. Competent authority for the purposes of Regulation 2023/2006

  3. PART 3

    Requirements for Vinyl Chloride

    1. 8. Limits and migration limits

    2. 9. Methods of Analysis

  4. PART 4

    Requirements for Regenerated Cellulose Film

    1. 10. Controls and limits

    2. 11. Migration limits for regenerated cellulose film coated with plastics

    3. 12. Saving and transitional provisions and defences

  5. PART 5

    General

    1. 13. Offences and penalties

    2. 14. Enforcement

    3. 15. Offences by corporate bodies or Scottish partnerships

    4. 16. Offences due to the act or default of a third party

    5. 17. Time limit for prosecutions

    6. 18. General defences

    7. 19. Procedure where a sample is to be analysed

    8. 20. Secondary analysis by the Government Chemist

    9. 21. Application of various provisions of the Act

    10. 22. Amendment of the Ceramic Articles in Contact with Food (Wales) Regulations 2006

    11. 23. Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990

    12. 24. Consequential amendments to the 2006 Regulations

    13. 25. Revocations

Go to Explanatory Note

The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 16(2), 17(1) and (2), 26(1)(a), (2)(a) and (3), and 48(1) of the Food Safety Act 1990(1), as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(2).

These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Welsh Ministers that it is expedient for certain references to a Community instrument or to an Annex to a Community instrument as specified in regulation 2(4) to be construed as references to that instrument or Annex as amended from time to time.

In accordance with section 48(4A) of the 1990 Act they have had regard to relevant advice given by the Food Standards Agency.

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(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

(1)

1990 c. 16. Section 1(1) and (2) (definition of “food”) was substituted by S.I. 2004/2990. Sections 17 and 48 were amended by paragraphs 12 and 21 respectively of Schedule 5 to the Food Standards Act 1999 (1999 c. 28), “the 1999Act”. Section 48 was also amended by S.I. 2004/2990. Section 26(3) was amended by Schedule 6 to the 1999 Act. Section 53(2) was amended by paragraph 19 of Schedule 16 to the Deregulation and Contracting Out Act 1994 (1994 c. 40), Schedule 6 to the 1999 Act and S.I. 2004/2990. Functions of the Secretary of State, 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). Those functions were transferred to Welsh Ministers by section 162 and Schedule 11, paragraph 30 of the Government of Wales Act 2006 (c. 32). Back [1]

(2)

1972 c. 68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006, c. 51). Back [2]

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3). Back [3]

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