Title, application and commencement

1.-(1) The title of these Regulations is the Food Information (Wales) (Amendment) Regulations 2016.

(2) These Regulations apply in relation to Wales.

(3) These Regulations come into force on 20 July 2016.

Amendment of the Food Information (Wales) Regulations 2014

2.-(1) The Food Information (Wales) Regulations 2014 are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation)-

(a)in paragraph (1)-

(i)at the end of the definition of "prepacked for direct sale", omit "and";

(ii)at the end of the definition of "ready for consumption", for "." substitute-

• "; and

"Regulation 828/2014" ("Rheoliad 828/2014") means Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.";

(b)in paragraph (3), after "(including a reference to an Article of, or Annex to, FIC to which paragraph (2) applies)," insert "or to Regulation 828/2014 or a provision of Regulation 828/2014,".

(3) In regulation 10 (offence)-

(a)in paragraph (1)(a) for ", or" substitute ";";

(b)in paragraph (1)(b) for "." substitute "; or";

(c)after paragraph (1)(b) insert-

"(c)any provision of Regulation 828/2014 specified in paragraph (3).";

(d)after paragraph (2), insert-

"(3) The provisions of Regulation 828/2014 are-

(a)Article 3(1) as read with Articles 1(3), 6, 7 and 36(1) and (2) of FIC and Articles 2 and 3(2) and (3) of and the Annex to Regulation 828/2014;

(b)Article 4 as read with Article 2."

(4) In regulation 12 (application of provisions of the Act)-

(a)in paragraph (1)(a)(i) after "provision of FIC" insert "or Regulation 828/2014";

(b)in paragraph (2)(a) after "provision of FIC" insert "or Regulation 828/2014".

(5) In Schedule 1 (provisions of these Regulations that contain ambulatory references to FIC by virtue of regulation 2(3))-

(a)in the heading after "FIC" insert "or Regulation 828/2014"; and

(b)in the first line, after "except for the definition of "FIC"", insert "and Regulation 828/2014".

(6) In Schedule 4 (application and modification of provisions of the Act)-

(a)in Part 1, paragraph 1-

(i)at the end of subsection (1A)(c) omit "or";

(ii)at the end of subsection (1A)(d)(iii) omit "or";

(iii)at the end of subsection (1A)(d)(iv) for "." substitute-

"; or

(e)a provision of Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food specified in the table in Part 4 of Schedule 5 to the Food Information Regulations (Wales) 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations).";

(b)in Part 2, paragraph 2, in paragraph (a)(iii) after "any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council" insert "or Commission Implementing Regulation (EU) No 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food".

(7) In Schedule 5 (improvement notices – specified FIC provisions)-

(a)in the heading, omit "FIC";

(b)after Part 3 insert-

"PART 4Regulation 828/2014 provisions in relation to which improvement notices may be served on and from 20 July 2016

Revocation

3.  The Foodstuffs Suitable for People Intolerant to Gluten (Wales) Regulations 2010(6) are revoked.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of Commission Implementing Regulation (EU) No 828/2014 of 30 July 2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food (OJ No L 228, 31.7.2014, p 5) ("Regulation 828/2014").

These Regulations amend the Food Information (Wales) Regulations 2014 (S.I. 2014/2303 (W. 227)) ("FIR") by-

(a)inserting a definition of Regulation 828/2014 and providing that any reference in FIR to Regulation 828/2014 is to be construed as a reference to that Regulation as it may be amended from time to time (regulation 2(2), 2(5));

(b)providing that food authorities may, on and from 20 July 2016, issue improvement notices, or prosecute immediately, for failures to comply with Articles 3(1) and 4 of Regulation 828/2014 (regulation 2(3), 2(4)(a), 2(6)(a), 2(7));

(c)giving authorised officers of a food authority or a port health authority power to enter property to ascertain whether there is, or has been, any contravention of Articles 3(1) and 4 of Regulation 828/2014 (regulation 2(4)(b), 2(6)(b)).

These Regulations also revoke the Foodstuffs Suitable for People Intolerant to Gluten (Wales) Regulations 2010 (S.I. 2010/2651 (W. 219)) (regulation 3).

The Welsh Ministers' Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.