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Introductory Text
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1.Title and coming into
force
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2.Amendment of the
Nutrition and Health Claims (Wales) Regulations 2007
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Signature
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Explanatory Note
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations are made by the Welsh Ministers in exercise of
their powers under the Food Safety Act 1990 (c. 16) (“the
1990 Act”) and amend the Nutrition and Health Claims (Wales)
Regulations 2007 (S.I. 2007/2611 (W.
222)) (“the 2007 Regulations”).
The 2007 Regulations provide for the execution and enforcement of
certain provisions (“the specified provisions”) of Regulation
(EC) No.
1924/2006 of the European Parliament and of the Council of 20
December 2006 on nutrition and health claims made on foods
(“Regulation
1924/2006”). Regulation
1924/2006 is assimilated direct legislation under the
Retained EU Law (Revocation and Reform) Act 2023 (c. 28).
The 2007 Regulations make it an offence to contravene the
specified provisions. The 2007 Regulations also apply certain
provisions of the 1990 Act for the purposes of the 2007
Regulations. Regulations 2(2) and 3(b) of these Regulations amend
the 2007 Regulations to move the provision setting out the
specified provisions from regulation 5 of the 2007 Regulations to
regulation 2(1) of those Regulations. These Regulations amend the
2007 Regulations to make changes to the enforcement regime. This
includes the application (with modifications, where appropriate)
of the following provisions of the 1990 Act—
a)
section 10(1), to enable an improvement notice to be served
requiring compliance with the specified provisions;
b)
section 10(2), to make a failure to comply with an improvement
notice a criminal offence;
c)
section 32, to give authorised officers of an enforcement
authority various powers including a power to enter premises to
ascertain whether there is any breach, or evidence of a breach,
of the specified provisions;
d)
section 33, to make it an offence to obstruct persons acting in
execution of the 2007 Regulations, to fail to give such persons
assistance or information in performance of their functions or to
give them false or misleading information;
e)
section 35, to provide that where a person is guilty of an
offence under section 10(2), they shall be liable, on summary
conviction, to a fine;
f)
sections 37 and 39, to make provision in relation to appeals
against improvement notices.
These Regulations also revoke regulation 7 of the 2007
Regulations (offence of obstruction of officers). This regulation
is replaced by the application of the corresponding provisions in
section 33 of the 1990 Act.
The Welsh Ministers' Code of Practice on the carrying out of
Regulatory Impact Assessments was considered in relation to these
Regulations. As a result, a regulatory impact assessment has been
prepared as to the likely costs and benefits of complying with
these Regulations. A copy can be obtained from Welsh Government,
Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.
