UK Offence Report

The Condensed Milk and Dried Milk (Wales) Regulations 2018

Welsh Statutory Instrument 2018 No. 275 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
27 February 2018
In force from
26 March 2018
Extent
Not stated
Subject
Food, consumer protection, trading standards, product safety and age-restricted sales
Made under
(EC) No. 178/2002, European Communities Act 1972, Food Safety Act 1990, Schedule 2 to, the European Communities Act 1972

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 in relation to Wales, revoke and replace the Condensed Milk and Dried Milk (Wales) Regulations 2003 (S.I. 2003/3053 (W. 291)) and revoke the Condensed Milk and Dried Milk (Wales) (Amendment) Regulations 2008 (S.I. 2008/137 (W. 19)). They transpose Council Directive 2001/114/EC relating to certain partly or wholly dehydrated preserved milk for human consumption (OJ No L 15, 17.1.02, p 19). Regulation 2 and Schedules 1 and 2 define condensed milk and dried milk products and the reserved descriptions that apply to them. Regulation 3 prohibits the labelling with reserved descriptions of food other than the designated condensed and dried milk products to which they relate. Regulation 4 sets out the labelling requirements for designated condensed and dried milk products. Regulation 5 sets out the manner of marking or labelling the designated condensed and dried milk products with the particulars required by regulation 4. The marking and labelling requirements are in accordance with Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers (OJ No L 304, 22.11.11, p 18). Regulation 6 and Schedule 3 apply certain provisions of the Food Safety Act 1990 (1990 c. 16) with modifications. This includes the application of section 10(1) (with modifications) and (2), enabling an improvement notice to be served to require compliance with regulations 3, 4 and 5. The provisions, as applied, make the failure to comply with an improvement notice an offence under section 10(2). Regulation 7 imposes an obligation on food authorities to enforce these Regulations. Regulation 8 revokes previous Regulations, as set out above. 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.

Offences created by this instrument

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 has no record of this instrument, although it covers the period. Nothing is inferred from that.

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