The Food Information (Wales) Regulations 2014

Regulation 2(3)

SCHEDULE 1Provisions of these Regulations that contain ambulatory references to FIC by virtue of regulation 2(3)

• Regulation 2(1) except for the definition of “FIC”

• Regulation 3

• Regulation 4(1) and (3)

• Regulation 5(1), (3), (5) and (6)

• Regulation 6(1)

• Regulation 7(1) and (4)

• Regulation 8(4)(b)

• Regulation 10

• Paragraph 3 of Part 2 of Schedule 2

• Schedule 5

Regulation 4

SCHEDULE 2National mark for derogation relating to minced meat

PART 1The national mark

PART 2Specifications for the national mark

1.  Any type of font may be used for the national mark so long as it is clearly legible.

2.  Any colour font may be used for the national mark so long as it is easily visible.

3.  In the case of prepacked food, the font size used for the national mark must not be smaller than—

(a)in the case of a package or container of a size to which Article 13(3) applies, the font size required for mandatory particulars under Article 13(3), and

(b)in the case of any other package or container, the font size required for mandatory particulars under Article 13(2).

4.  The national mark may include the Welsh text “Ar gyfer marchnad y DU yn unig” in addition to the English text in Part 1.

Regulation 7

SCHEDULE 3Foods to which regulation 7 does not apply

1.  Raw meat to which no ingredient other than proteolytic enzymes has been added.

2.  Frozen and quick-frozen chicken to which Article 15 of Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat(1) applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

3.  Fresh, frozen and quick-frozen poultry-cuts to which Article 20 of Commission Regulation (EC) No 543/2008 applies and the water content of which does not exceed the technically unavoidable values determined as provided for in that Article.

4.  Sandwiches, filled rolls and filled products of a similar nature to sandwiches and filled rolls, which are ready for consumption without further processing, except for products containing meat which are sold under the name (whether or not qualified by other words) “burger”, “economy burger” or “hamburger”.

5.  Pizzas and similar topped products.

6.  Any food for which the name is “broth”, “gravy” or “soup”, whether or not qualified by other words.

7.  A food consisting of an assemblage of two or more ingredients that has not been subjected to any processing or treatment once it has been assembled, and which is sold to the final consumer as an individual portion intended to be consumed without further processing or treatment.

Regulation 12

SCHEDULE 4Application and modification of provisions of the Act

PART 1Modification of section 10(1)

1.  For section 10(1) (improvement notices) substitute—

“(1) If an authorised officer of an enforcement authority has reasonable grounds for believing that a person is failing to comply with a provision specified in subsection (1A), the authorised officer may, by a notice served on that person (in this Act referred to as an “improvement notice”)—

(a)state the officer’s grounds for believing that the person is failing to comply with the relevant provision;

(b)specify the matters which constitute the person’s failure so to comply;

(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.

(1A) The provisions are—

(a)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers(2) specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;

(b)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity;

(c)any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations); or

(d)any of the following provisions of the Food Information (Wales) Regulations 2014—

(i)regulation 5(3), (4) or (5);

(ii)regulation 6(1) or (4);

(iii)regulation 7(1), (4) or (5); or

(iv)regulation 8(1) or (3).”

PART 2Modification of section 32(1)

2.  For paragraphs (a) to (c) of section 32(1) (powers of entry) substitute—

“(a)to enter any premises within the authority’s area for the purpose of ascertaining whether there is or has been on the premises any contravention of—

(i)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers specified in entry 1, 3, 5 to 11, 23 to 27, 29, 31 or 66 of the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to the mandatory particular relating to net quantity required by Article 9(1)(e) of Regulation (EU) No 1169/2011, as read with Article 23 of, and Annex IX to, that Regulation;

(ii)a provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in entry 2, 67 or 68 of the table in Part 2 of Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations), except to the extent that the provision applies to food information relating to quantity; and

(iii)any other provision of Regulation (EU) No 1169/2011 of the European Parliament and of the Council specified in Schedule 5 to the Food Information (Wales) Regulations 2014 (as read with regulation 2(3) of, and Schedule 1 to, those Regulations); and

(b)to enter any business premises, whether within or outside of the authority’s area, for the purpose of ascertaining whether there is on the premises any evidence of any contravention within that area of any such provisions;”.

PART 3Modification of section 37(1) and (6)

3.  For section 37(1) (appeals) substitute—

“(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve an improvement notice under section 10(1), as applied and modified by regulation 12(1) of, and Part 1 of Schedule 4 to, the Food Information (Wales) Regulations 2014, may appeal to the magistrates’ court.”

4.  In section 37(6)—

(a)for “(3) or (4)” substitute “(1)”, and

(b)in paragraph (a), omit “or to the sheriff”.

PART 4Modification of section 39(1) and (3)

5.  For section 39(1) (appeals against improvement notices) substitute—

“(1) On an appeal against an improvement notice served under section 10(1), as applied and modified by regulation 12(1) of, and Part 1 of Schedule 4 to, the Food Information (Wales) Regulations 2014, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit.”

6.  In section 39(3) omit “for want of prosecution”.

PART 5Application and modification of other provisions of the Act

Regulation 12

SCHEDULE 5Improvement notices - specified FIC provisions

PART 1FIC provision in relation to which an improvement notice may be served on and from 19 September 2014

PART 2FIC provisions in relation to which an improvement notice may be served on and from 13 December 2014

PART 3FIC provision in relation to which an improvement notice may be served on and from 13 December 2016

Regulation 13

SCHEDULE 6Revocations

PART 1Revocations coming into force on 13 December 2014

PART 2Revocations coming into force on 13 December 2018

Regulation 14

SCHEDULE 7Consequential and other minor amendments to statutory instruments

PART 1Consequential and other minor amendments coming into force on 19 September 2014

The Food Labelling Regulations 1996

1.  The Food Labelling Regulations 1996(32) are amended as follows.

2.  In regulation 4(2) (scope of Part II), in each of sub-paragraphs (h), (i) and (j), for “Commission Regulation (EC) No 607/2009” to the end substitute “Commission Regulation (EC) No 607/2009 laying down certain detailed rules for the implementation of Council Regulation (EC) No 479/2008 as regards protected designations of origin and geographical indications, traditional terms, labelling and presentation of certain wine sector products(33);”.

3.  For regulation 41(4) (supplementary provisions relating to nutrition labelling) substitute—

“(4) Where nutrition labelling not being prescribed nutrition labelling is given, it must be given in the manner specified in paragraph (4A) or (4B).

(4A) The nutrition labelling must be given in all respects as if it were prescribed nutrition labelling except that in applying the requirements for prescribed nutrition labelling described in Schedule 7, Part II of that Schedule is to be read as if—

(a)in paragraph 1, the words “or that is labelled as provided for in regulation 41(4B)” were inserted after the words “paragraph 2 below applies”,

(b)in paragraph 1(a)(ii), the words from “provided that” to the end of that paragraph were omitted, and

(c)paragraph 1(d) were omitted.

(4B) The nutrition labelling must be given in accordance with Articles 29 to 35 of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004.”

The Food (Lot Marking) Regulations 1996

4.  The Food (Lot Marking) Regulations 1996(34) are amended as follows.

5.  In regulation 2 (interpretation), in the definition of “first seller established within the European Union”, for “Council Directive 89/396/EEC(35)” substitute “Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs(36)”.

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007

6.  The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007(37) are amended as follows.

7.  In regulation 4(2)(e) (offences and penalties), after “have been added)”, insert “, as read with the first sub-paragraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(38)”.

The Nutrition and Health Claims (Wales) Regulations 2007

8.  The Nutrition and Health Claims (Wales) Regulations 2007(39) are amended as follows.

9.  In regulation 5(2)(d) (offences and penalties), after “(requirements for nutrition information)”, insert “, as read with the first sub-paragraph of Article 54(3) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004”.

PART 2Consequential and other minor amendments coming into force on 13 December 2014

The Food Labelling Regulations 1996

10.  The Food Labelling Regulations 1996(40) are amended as follows.

11.  In regulation 2(1) (interpretation), for the definition of “ingredient” substitute—

““ingredient” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers as amended from time to time;”.

12.  In regulation 3 (exemptions), for paragraph (1) substitute—

“(1) This regulation does not apply to a food that is brought into Wales from another part of the United Kingdom, an EEA State (other than the United Kingdom), a member State (other than the United Kingdom) or from the Republic of Turkey in which it was lawfully produced or marketed.”

13.  In Schedule 8 (misleading descriptions), Part I—

(a)in the second column of entry relating to the description “alcohol-free”, for sub-paragraph (b) substitute—

“(b)the drink is marked or labelled with—

(i)an indication of its maximum alcoholic strength in a form comprising the words “not more than” followed by a figure to not more than one decimal place indicating its maximum alcoholic strength and the symbol “% vol.” (required form 1), “alcohol % vol.” (required form 2), or “alc. % vol.” (required form 3), or

(ii)in an appropriate case, an indication that it contains no alcohol.”

(b)in the second column of entry relating to the description “dealcoholized”, for sub-paragraph (b) substitute—

“(b)the drink is marked or labelled with—

(i)an indication of its maximum alcoholic strength in required form 1, 2 or 3, or

(ii)in an appropriate case, an indication that it contains no alcohol,”; and

(c)in the second column of entry relating to the description “low alcohol” (or any other word or description which implies that the drink being described is low in alcohol), for sub-paragraph (b) substitute—

“(b)an indication of its maximum alcoholic strength in required form 1, 2 or 3.”

The Food (Lot Marking) Regulations 1996

14.  The Food (Lot Marking) Regulations 1996(41) are amended as follows.

15.  For regulation 2 (interpretation) substitute—

“2.  In these Regulations—

“the Act” means the Food Safety Act 1990;

“date of minimum durability” is to be construed taking into account the definition of “date of minimum durability of food” in Article 2(2)(r) of Regulation (EU) No 1169/2011;

“first seller established within the Community” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council on indications or marks identifying the lot to which a foodstuff belongs;

“food” means food, within the meaning of the Act, intended for sale for human consumption;

“ice cream” has the same meaning as in Directive 2011/91/EU of the European Parliament and of the Council;

“lot” means a batch of sales units of food produced, manufactured or packaged under similar conditions;

“lot marking indication” means an indication which allows identification of the lot to which a sales unit of food belongs;

“prepacked food” has the meaning given in Article 2(2)(e) of Regulation (EU) No 1169/2011;

“prepacked for immediate sale” has the same meaning as “prepacked for direct sale” in Regulation (EU) No 1169/2011;

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;

“sell” includes offer or expose for sale and have in possession for sale, and “sale” and “sold” are to be construed accordingly;

“ultimate consumer” has the same meaning as “final consumer” in point 18 of Article 3 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(42);

“use by” date” has the same meaning as in Regulation (EU) No 1169/2011.”

16.  In regulation 4 (exceptions for particular types of sale and sales units)—

(a)in sub-paragraph (e), for “edible ice” substitute “ice cream”; and

(b)in sub-paragraph (g)—

(i)for “an indication of minimum durability” substitute “the date of minimum durability”; and

(ii)for “the Food Labelling Regulations require” substitute “Regulation (EU) No 1169/2011 requires”.

The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997

17.  The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations 1997(43) are amended as follows.

18.  In regulation 3(b) (labelling requirements), for “Tables A and B of Part II of Schedule 6 to the Food Labelling Regulations 1996” substitute “point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Bread and Flour Regulations 1998

19.  The Bread and Flour Regulations 1998(44) are amended as follows.

20.  In regulation 2(1) (interpretation)—

(a)in the definition of “ingredient”, for “the Food Labelling Regulations 1996” substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(b)in the definition of “labelling”, for “the Food Labelling Regulations 1996” substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(c)omit the definitions of “the labelling regulations” and “member State”; and

(d)after the definition of “labelling”, insert—

“Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001

21.  The Coffee Extracts and Chicory Extracts (Wales) Regulations 2001(45) are amended as follows.

22.  In regulation 2(1) (interpretation)—

(a)omit the definition of “the 1996 Regulations” (“Rheoliadau 1996”); and

(b)after the definition of “designated product” (“cynnyrch dynodedig”), insert—

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

23.  In regulation 5(1) (labelling and description of designated products)—

(a)in the introductory wording, for “the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”;

(b)in sub-paragraph (a), for “regulation 6(1) of the 1996 Regulations” substitute “Article 17 of Regulation (EU) No 1169/2011”; and

(c)in sub-paragraph (c), for “the 1996 Regulations” substitute “Article 17 of Regulation (EU) No 1169/2011”.

The Food Supplements (Wales) Regulations 2003

24.  The Food Supplements (Wales) Regulations 2003(46) are amended as follows.

25.  In regulation 2(1) (interpretation)—

(a)omit the definition of “Directive 90/496(47)” (“Cyfarwyddeb 90/496”); and

(b)after the definition of “preparation” (“paratoi”), insert—

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

26.  In regulation 6 (restrictions on sale relating to labelling etc. of food supplements)—

(a)in paragraph (2), for “the Food Labelling Regulations 1996” substitute “Regulation (EU) No 1169/2011”; and

(b)in paragraph (3)(e)—

(i)for “the Annex to Directive 90/496” substitute “point 1 of Part A of Annex XIII to Regulation (EU) No 1169/2011”; and

(ii)for “relevant recommended daily allowance specified in that Annex” substitute “relevant reference value specified in that point”.

27.  In regulation 7(1) (manner of marking or labelling), for “regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996” substitute “points (a), (f), (g) and (h) of Article 9(1) Regulation (EU) No 1169/2011”.

The Cocoa and Chocolate Products (Wales) Regulations 2003

28.  The Cocoa and Chocolate Products (Wales) Regulations 2003(48) are amended as follows.

29.  In regulation 2(1) (interpretation)—

(a)omit the definition of “the 1996 Regulations” (“Rheoliadau 1996”); and

(b)after the definition of “preparation” (“paratoi”), insert—

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004(49);”.

30.  In regulation 5 (reserved descriptions), for paragraphs (b) and (c) substitute—

“(b)such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food;

(c)such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product; or

(d)the use of such description, derivative or word to designate the food is in accordance with the customs applicable in the United Kingdom and the food cannot be confused with a product listed in column 1 of Schedule 1.”

31.  In regulation 6 (labelling and description of designated products)—

(a)in paragraph (1), for “Part II of the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”; and

(b)in paragraph (2)(b), for “the 1996 Regulations” substitute “Article 9(1)(b) of Regulation (EU) No 1169/2011”.

The Honey (Wales) Regulations 2003

32.  The Honey (Wales) Regulations 2003(50) are amended as follows.

33.  In regulation 2(1) (interpretation)—

(a)in the definition of “ingredient” (“cynhwysyn”), for “the 1996 Regulations” substitute “Article 2(2)(f) of Regulation (EU) No 1169/2011”;

(b)in the definition of “labelling” (“labelu”), for “the 1996 Regulations” substitute “Article 2(2)(j) of Regulation (EU) No 1169/2011”;

(c)omit the definition of “the 1996 Regulations” (“Rheoliadau 1996”); and

(d)after the definition of “preparation” (“paratoi”), insert—

““Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

34.  In regulation 4(1) (labelling and description of specified honey products), for “Part II of the 1996 Regulations” substitute “Regulation (EU) No 1169/2011”.

The Specified Sugar Products (Wales) Regulations 2003

35.  The Specified Sugar Products (Wales) Regulations 2003(51) are amended as follows.

36.  In regulation 2 (interpretation), omit the definition of “the 1996 Regulations” (“Rheoliadau 1996”).

37.  In regulation 5 (labelling and description of specified sugar products), for “Part II of the 1996 Regulations” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004

38.  The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004(52) are amended as follows.

39.  In regulation 8(1) (labelling), for “Part II of the Food Labelling Regulations 1996” substitute “Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”.

The Food Hygiene (Wales) Regulations 2006

40.  The Food Hygiene (Wales) Regulations 2006(53) are amended as follows.

41.  In Schedule 4 (temperature control requirements), in paragraph 8 (interpretation), for sub-paragraphs (a) and (b) in the definition of “shelf life” (“oes silff”) substitute—

“(a)in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;

(b)in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and”.

The Quick-frozen Foodstuffs (Wales) Regulations 2007

42.  The Quick-frozen Foodstuffs (Wales) Regulations 2007(54) are amended as follows.

43.  In regulation 2(1) (interpretation)—

(a)omit the definition of “catering establishment” (“sefydliad arlwyo”);

(b)in the definition of “local distribution” (“dosbarthiad lleol” and “dosbarthu’n lleol”), for “catering establishment” substitute “mass caterer”;

(c)after the definition of “local distribution” (“dosbarthiad lleol” and “dosbarthu’n lleol”), insert—

““mass caterer” (“arlwywr mawr”) has the meaning given by Article 2(2)(d) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers;”;

(d)in the definition of “prepackaging” (“rhagbecyn”), for “the Food Labelling Regulations 1996” substitute “Article 2(2)(e) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers”; and

(e)for the definition of “ultimate consumer” (“defnyddiwr olaf”) substitute—

““ultimate consumer” (“defnyddiwr olaf”) has the same meaning as “final consumer” in point 18 of Article 3 of Regulation 178/2002.”

44.  In paragraphs (1) and (3) of regulation 5 (marketing or labelling of quick-frozen foodstuffs), for “catering establishment” substitute “mass caterer”.

The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007

45.  The Addition of Vitamins, Minerals and Other Substances (Wales) Regulations 2007(55) are amended as follows.

46.  In regulation 4(2) (offences and penalties), for sub-paragraph (e) substitute—

“(e)Article 7(1), (2) and (3)(56) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).”

The Nutrition and Health Claims (Wales) Regulations 2007

47.  The Nutrition and Health Claims (Wales) Regulations 2007(57) are amended as follows.

48.  In regulation 5(2) (offences and penalties), for sub-paragraph (d) substitute—

“(d)Article 7(58) (requirements for nutrition information);”.

The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007

49.  The Natural Mineral Water, Spring Water and Bottled Drinking Water (Wales) Regulations 2007(59) are amended as follows.

50.  In regulation 2(1) (interpretation), for the definition of “advertisement” (“hysbyseb”) and “advertise” (“hysbysebu”) substitute—

““advertisement” (“hysbyseb”) means a representation in any form in connection with a trade or business in order to promote the supply of goods and “advertise” (“hysbysebu”) is to be construed accordingly;”.

The Eggs and Chicks (Wales) Regulations 2010

51.  The Eggs and Chicks (Wales) Regulations 2010(60) are amended as follows.

52.  In regulation 3(1) (interpretation)—

(a)omit the definition of “Directive 2000/13/EC” (“Cyfarwyddeb 2000/13/EC”);

(b)for the definition of “Regulation (EC) No 2160/2003” (“Rheoliad (EC) Rhif 2160/2003”), substitute—

““Regulation (EC) No 2160/2003” (“Rheoliad (EC) Rhif 2160/2003”) means Regulation (EC) No 2160/2003 of the European Parliament and of the Council on the control of salmonella and other specified food-borne zoonotic agents(61);

“Regulation (EU) No 1169/2011” (“Rheoliad (EU) Rhif 1169/2011”) means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004;”.

53.  In Part 2 of Schedule 2 (provisions of Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Regulation (EC) No 1234/2007 as regards marketing standards for eggs(62) contravention of which is an offence)—

(a)in the second column of the entry in the table relating to Article 4(2) of Commission Regulation (EC) No 589/2008, for “Directive 2000/13/EC” substitute “Regulation (EU) No 1169/2011”;

(b)in the second column of the entry in the table relating to Article 6(3) of Commission Regulation (EC) No 589/2008, for “Article 9(2) of Directive 2000/13/EC” substitute “point 1(a) of Annex X to Regulation (EU) No 1169/2011”; and

(c)in the second column of the entry in the table relating to Article 13 of Commission Regulation (EC) No 589/2008, for “Article 3(1)(5) of Directive 2000/13/EC” substitute “Article 9(1)(f) of Regulation (EU) No 1169/2011”.

The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013

54.  The Healthy Eating in Schools (Nutritional Standards and Requirements) (Wales) Regulations 2013(63) are amended as follows.

55.  In regulation 2(1) (interpretation), for the definition of “meat” (“cig”) substitute—

““meat” (“cig”) means the skeletal muscles of mammalian and bird species recognised as fit for human consumption with naturally included or adherent tissue but does not include mechanically separated meat (which has the meaning given in point 1.14 of Annex I to Regulation (EC) No 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin)(64);”.