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Statutory Instruments

2007 No. 3294 (W.290)

AGRICULTURE, WALES

FOOD, WALES

The Official Feed and Food Controls (Wales) Regulations 2007

Made

19 November 2007

Laid before the National Assembly for Wales

21 November 2007

Coming into force

14 December 2007

CONTENTS

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Title, commencement and application

    2. 2. Interpretation

  2. PART 2

    MAIN PROVISIONS

    1. 3. Competent authorities

    2. 4. Exchanging and providing information

    3. 5. Obtaining information

    4. 6. Power to issue codes of recommended practice

    5. 7. Monitoring of enforcement action

    6. 8. Power to request information relating to enforcement action

    7. 9. Power of entry for persons monitoring enforcement action

    8. 10. Meaning of “enforcement authority” and related expressions

    9. 11. Offences relating to regulations 8 and 9

    10. 12. Right of appeal

    11. 13. Appeal to Crown Court against dismissal of appeal under regulation 12(1)

    12. 14. Staff of competent authority of another member State

    13. 15. Commission experts

    14. 16. Prohibition on disclosure of trade secrets

    15. 17. Execution and enforcement

    16. 18. Powers of entry

    17. 19. Obstruction etc. of officers

    18. 20. Penalties

    19. 21. Time limit for prosecutions

  3. PART 3

    OFFICIAL CONTROLS ON FEED AND FOOD OF NON-ANIMAL ORIGIN FROM THIRD COUNTRIES

    1. 22. Interpretation of this Part of these Regulations

    2. 23. Feed enforcement responsibilities

    3. 24. Food enforcement responsibilities

    4. 25. Functions of the Commissioners

    5. 26. Deferred execution and enforcement

    6. 27. Prohibition on introduction of certain feed and food

    7. 28. Checks on products

    8. 29. Detention, destruction, special treatment, re-dispatch and other appropriate measures and costs

    9. 30. Notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)

    10. 31. Right of appeal in respect of notices served under regulation 30

    11. 32. Appeal to Crown Court against dismissal of appeal under regulation 31

    12. 33. Serious risk to animal or public health

    13. 34. Costs

    14. 35. Procurement by authorised officers of samples with regard to food

    15. 36. Analysis etc. of samples

    16. 37. Powers of entry of authorised officers of a food authority

    17. 38. Obstruction etc. of officers (imports)

    18. 39. Offences and penalties

    19. 40. Time limit for prosecutions (imports)

  4. PART 4

    RECOVERY OF EXPENSES

    1. 41. Expenses arising from additional official controls

    2. 42. Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

  5. PART 5

    ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

    1. 43. Offences due to fault of another person

    2. 44. Defence of due diligence

    3. 45. Offences by bodies corporate

    4. 46. Offences by Scottish partnerships

    5. 47. Protection of officers acting in good faith

    6. 48. Service of documents

    7. 49. Revocation

    1. SCHEDULE 1

      DEFINITIONS OF COMMUNITY LEGISLATION

    2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

    3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

    4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

    5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Go to Explanatory Note

The Welsh Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

The Welsh Ministers, are designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food-producing animals(2), the common agricultural policy of the European Community(3) and measures in the veterinary field for the protection of public health(4).

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(5) there has been open and transparent public consultation during the preparation of the following Regulations.

(2)

S.I. 2005/1971. Functions of the National Assembly for Wales under this designation and the two other designations referred to were transferred to Welsh Ministers by section 162 of and paragraphs 28 and 30 of Schedule 11 to the Government of Wales Act 2006. Back [2]

(3)

S.I. 2005/2766. Back [3]

(4)

S.I. 2003/1246. Back [4]

(5)

OJ No. L31, 1.2.2002, p.1, as last amended as at the making of this instrument by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3). Back [5]

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