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Welsh Statutory Instruments

2001 No. 2679 (W. 220)

FOOD, WALES

The Sweeteners in Food (Amendment) (Wales) Regulations 2001

Made

17th July 2001

Coming into force

1August 2001

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

Citation, commencement and application

1.  These Regulations may be cited as the Sweeteners in Food (Amendment) (Wales) Regulations 2001, shall come into force on 1 August 2001 and shall apply to Wales.

Interpretation

2.  In these Regulations—

Amendment of the principal Regulations

3.—(1) The principal Regulations shall be amended, in so far as they extend to Wales, in accordance with paragraph (2) below.

(2) In regulation 2(1) (interpretation), in the definition of “Directive 95/31/EC” there shall be added at the end the words “ and by Directive 2000/51/EC insofar as it relates to E965 (ii) syrup maltitol ”(4).

Consequential amendment

4.—(1) In so far as any provision specified in regulation 3(2) of the Sweeteners in Food (Amendment) Regulations 1999(5) extends to Wales, paragraph 3(1) of that regulation shall cease to have effect in relation to such provision.

(2) In the provisions specified in paragraph (3) below, in so far as they extend to Wales, references to the principal Regulations shall be construed as references to those Regulations as amended up to and including the amendment effected by these Regulations.

(3) The provisions to which paragraph (2) above refers are—

(a)the definition of “permitted sweetener” in regulation 2(1) (interpretation) of the Jam and Similar Products Regulations 1981(6);

(b)the definition of “additive” in regulation 2(1) (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984(7);

(c)the definition of “sweetener” in Part II of Schedule 1 (categories of food additives) to the Food Additives Labelling Regulations 1992(8);

(d)the definition of “sweetener” in regulation 2(1) (interpretation) of the Miscellaneous Food Additives Regulations 1995(9); and

(e)the Food Labelling Regulations 1996(10)—

(i)Paragraph (1) of regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols); and

(ii)in Schedule 8 (misleading descriptions) Part I (general), the condition in column 2 opposite the description “ice cream” in column 1.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(11).

D. Elis-Thomas

The Presiding Officer of the National Assembly

17th July 2001

Explanatory Note

(This note does not form part of the Regulations)

These Regulations, which apply to Wales, further amend the Sweeteners in Food Regulations 1995 (S.I. 1995/3123), by bringing up to date a reference to Directive 95/31/EC on specific purity criteria so as to cover its amendment by Directive 2000/51/EC insofar as that Directive substituted new specifications for maltitol syrup and by bringing up to date references to the 1995 Regulations in other Regulations.

(2)

Functions of “the Ministers” 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 (SI 1999/672).

(3)

SI 1995/3123; relevant amending instruments are SI 1996/ 1477, 1997/814 and 1999/982.

(4)

The reference for Directive 2000/51/EC is OJ No. L198, 4.8.2000, p.41.

(6)

SI 1981/1063; relevant amending instruments are SI 1983/1211 and 1995/3123.

(7)

SI 1984/1566; relevant amending instruments are SI 1995/3123, 1995 /3124 and 1995/3187.

(8)

SI 1992/1978, relevant amending instrument is SI 1995/3123.

(9)

SI 1995/3187 to which there is an amendment not relevant to these Regulations.

(10)

SI 1996/1499 to which there are amendments not relevant to these Regulations.