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STATUTORY INSTRUMENTS


2006 No. 485 (W.55)

FOOD, WALES

The Contaminants in Food (Wales) Regulations 2006

  Made 28 February 2006 
  Coming into force 1 March 2006 

The National Assembly for Wales, in exercise of the powers conferred by sections 16(1)(a), (e) and (f), 17(1) and (2), 26(1)(a), (2)(e) and (3), 31(1) and (2)(b), (c) and (f), and 48(1)(c) of the Food Safety Act 1990[1], and now vested in it[2], having had regard, in accordance with section 48(4A) of that Act, to relevant advice given by the Food Standards Agency, and after consultation 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[3], makes the following Regulations:

Title, commencement and application
     1. The title of these Regulations is the Contaminants in Food (Wales) Regulations 2006, which come into force on 1 March 2006 and apply in relation to Wales.

Interpretation
    
2.

    (1) In these Regulations—

    (2) Any other expression used in these Regulations and in the Commission Regulation has the same meaning as in the Commission Regulation.

Offences and penalties
     3. —(1) Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if—

    (2) The Community provisions mentioned in paragraph (1) are—

Enforcement
    
4. It is the duty of each port health authority to execute and enforce these Regulations within its district.

Procurement and analysis of samples
    
5. —(1) Where a sample is to be taken under section 29(b) or (d) of the Act of a food specified in Annex I to the Commission Regulation, that sample is to be taken in accordance with the methods of taking samples described or referred to—

Preparation and analysis of samples for aflatoxins
    (2) Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (b) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample is to ensure that—

Preparation and analysis of samples for lead, cadmium, mercury and 3-MPCD
    (3) Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (e) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample is to ensure that—

Preparation and analysis of samples for ochratoxin A
    (4) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (c) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample must ensure that—

Preparation and analysis of samples for dioxins and dioxin-like PCBs
    (5) Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (f) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample is to ensure that—

Preparation and analysis of samples for patulin
    (6) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (d) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample is to ensure that—

Preparation and analysis of samples for tin
    (7) Where, pursuant to section 29(b) or (d) of the Act as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (g) of that paragraph, and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample is to ensure that—

Preparation and analysis of samples for benzo(a)pyrene
    (8) Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (h) of that paragraph and has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act, the person who analyses the sample is to ensure that—

Application of various sections of the Food Safety Act 1990
     6. —(1) The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof is to be construed as a reference to these Regulations—

    (2) Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) applies for the purposes of these Regulations as if it read as follows—

    (3) The expressions "authorised officer", "food authority", "human consumption", "placing on the market", "Directive 98/53/EC", "Directive 2001/22/EC", "Directive 2002/26/EC", "Directive 2002/69/EC", "Directive 2003/78/EC", "Directive 2004/16/EC" and "Directive 2005/10/EC" which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), are, for those purposes, to bear the meanings that those expressions respectively bear in these Regulations.

Consequential amendments
    
7. In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990[43] in so far as they apply to Wales (provisions to which those Regulations do not apply) for the entry relating to the Contaminants in Food (Wales) Regulations 2003 there is be substituted the following entry—

"The Contaminants in Food (Wales) Regulations 2006 (to the extent that a sample falls to be prepared and analysed in accordance with regulation 5 of those Regulations) S.I. 2006/485 (W.55)"


Revocations
     8. The Contaminants in Food (Wales) Regulations 2005[44] and the Contaminants in Food (Wales) (Amendment) Regulations 2005[45] are revoked.



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[46]


D. Elis-Thomas
The Presiding Officer of the National Assembly

28 February 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


    
1. 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—

     2. These Regulations—

     3. 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.


Notes:

[1] 1990 c.16.back

[2] Functions of the Secretary of State under the Food Safety Act 1990, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).back

[3] OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No 1642/2003 of the European Parliament and of the Council (OJ No. L245, 29.9.2003, p.4.).back

[4] OJ No. L77, 16.3.2001, p.1, as adopted by EEA Joint Committee Decision No. 81/2002 (OJ No. L266, 3.10.2002, p.30 EEA supplement No. 49, 3.10.2002).back

[5] OJ No. L313, 30.11.2001, p.60, as adopted by EEA Joint Committee Decision No. 81/2002.back

[6] OJ No. L321, 6.12.2001, p.1, as adopted by EEA Joint Committee Decision No. 81/2002.back

[7] OJ No. L37, 7.2.2002, p.4, as adopted by EEA Joint Committee Decision No. 139/2002 (OJ No. L19, 23.1.2003, p.3 and EEA supplement No. 5, 23.1.2003).back

[8] OJ No. L41, 13.2.2002, p.12, as adopted by EEA Joint Committee Decision No. 100/2002 (OJ No. L298, 31.10.2002, p.13 and EEA supplement No. 54, 31.10.2002, p.11).back

[9] OJ No. L75, 16.3.2002, p.18, as adopted by EEA Joint Committee Decision No. 161/2002 (OJ No. L38, 13.2.2003, p.16 and EEA supplement No. 9, 13.2.2003, p.13).back

[10] OJ No. L80, 23.3.2002, p.42.back

[11] OJ No. L86, 3.4.2002, p.5, as adopted by EEA Joint Committee Decision No. 161/2002.back

[12] OJ No. L155, 14.6.2002, p.63, as adopted by EEA Joint Committee Decision No. 161/2002.back

[13] OJ No. L203, 12.8.2003, p.1.back

[14] OJ No. L326, 13.12.2003, p.12.back

[15] OJ No. L42, 13.2.2004, p.3back

[16] OJ No. L74, 12.3.2004, p.11.back

[17] OJ No. L104, 8.4.2004, p.48.back

[18] OJ No. L106, 15.4.2004, p.3.back

[19] OJ No. L106, 15.4.2004, p. 6.back

[20] OJ No. L16, 20.1.2005, p.43.back

[21] OJ No. L25, 28.1.2005, p.3.back

[22] OJ No. L34, 8.2.2005, p.3.back

[23] OJ No. L293, 9.11.2005, p.11.back

[24] OJ No. L201, 17.7.1998, p.93, as adopted by EEA Joint Committee Decision No. 93/1999 (OJ No. L296, 23.11.2000, p.58).back

[25] OJ No. L75, 16.3.2002, p.44, as adopted by EEA Joint Committee Decision No. 161/2002.back

[26] OJ No. L332, 19.12.2003, p.38.back

[27] OJ No. L113, 20.4.2004, p.14.back

[28] OJ No. L77, 16.3.2001, p.14.back

[29] OJ No. L325, 8.12.2001, p.34.back

[30] OJ No. L19, 21.1.2005, p.50.back

[31] OJ No. L75, 16.3.2002, p.38.back

[32] OJ No. L27, 29.1.2005, p.38.back

[33] OJ No. L209, 6.8.2002, p.5.back

[34] OJ No. L252, 20.9.2002, p.40.back

[35] OJ No. L113, 20.4.2004, p.17.back

[36] OJ No. L203, 12.8.2003, p.40.back

[37] OJ No. L42, 13.2.2004, p.16.back

[38] OJ No. L34, 8.2.2005, p.15.back

[39] 1984 c.22.back

[40] OJ No. L191, 28.5.2004, p.1.back

[41] The requirement is that the minimum number of units required for a laboratory sample in such circumstances is 10.back

[42] OJ No. L187, 16.7.2002, p.30.back

[43] S.I. 1990/2463; relevant amending instruments are S.I. 1999/1603, S.I. 2002/1886 (W.195) and S.I. 2003/1721 (W.188).back

[44] S.I. 2005/364 (W.31)..back

[45] S.I. 2005/1629 (W.123).back

[46] 1998 c.38.back



Cymraeg (Welsh)



ISBN 0 11 091282 9


 © Crown copyright 2006

Prepared 7 March 2006


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