The Contaminants in Food (Wales) Regulations 2006

Welsh Statutory Instrument 2006 No. 485 — creates 2 criminal offences.

2offences created

0recorded in force

2revoked

Made: 28 February 2006
In force from: 1 March 2006
Extent: Not stated
Subject: Food, consumer protection, trading standards, product safety and age-restricted sales
Made under: (EC) No. 178/2002, Food Safety Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations, which apply to Wales and revoke and re-enact with changes the Contaminants in Food (Wales) Regulations 2005 (S.I. 2005/364) as amended— make provision for the execution and enforcement of Commission Regulation (EC) No. 466/2001 setting maximum levels for contaminants in foodstuffs (OJ No. L77, 16.3.2001, p.1, as corrected and amended) (“the Commission Regulation”); and implement— Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminant in foodstuffs (OJ No. L201, 17.7.98, p.93, as amended), Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs (OJ No. L77, 16.3.2001, p.14, as corrected and amended), Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of levels of ochratoxin A in foodstuffs (OJ No. L75, 16.3.2002, p.38, as amended), Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs (OJ No. L209, 6.8.2002, p.5, as corrected and amended), Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs (OJ No. L203, 12.8.2003, p.40), Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods (OJ No. L42, 13.2.2004, p.16), and Commission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a)pyrene in foodstuffs (OJ No. L34, 8.2.2005, p.15). These Regulations— provide that it is an offence, (except in certain cases relating to food placed on the market before a date given in specified Community legislation)— to place on the market certain foods if they contain contaminants of any kind specified in the Commission Regulation at levels exceeding those specified (subject to a derogation applicable to certain types of lettuce and to fresh spinach), to use food containing such contaminants at such levels as ingredients in the production of certain foods, to mix foods that do not comply with the maximum levels referred to above with foods which do, to mix foods to which the Commission Regulation relates and which are intended for direct consumption with foods to which the Commission Regulation relates and which are intended to be sorted or otherwise treated prior to consumption, or to detoxify by chemical treatment food not complying with the limits specified in the Commission Regulation (regulation 3); specify the enforcement authorities (regulation 4); prescribe requirements in relation to the methods sampling and analysis of foods subject to the Commission Regulation (regulation 5); provide for the application of specified provisions of the Food Safety Act 1990 for the purposes these Regulations (regulation 6); make consequential amendments to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to Wales the effect being to disapply the sampling and analysis provisions of those Regulations only to the extent that those matters are regulated by the Community provisions implemented in these Regulations (regulation 7). A regulatory appraisal has been prepared for these Regulations and has been placed in the Library of the National Assembly for Wales together with a transposition note setting out how the main elements of the Commission Regulations referred to in paragraph 1 above are transposed into domestic law by these Regulations. Copies may be obtained from the Food Standards Agency, 11th Floor, Southgate House, Cardiff, CF10 1EW.

Offences created by this instrument

Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is… regulation 3(1) · Revoked · Strict liability
Application of various sections of the Food Safety Act 1990 regulation 6(2) · Revoked · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

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