Food Hygiene (Wales) Regulations 2005 c.3292

Food Hygiene (Wales) Regulations 2005 No. 3292 (W. 252)

Summary:	1. These Regulations which are made in relation to Wales provide for the execution and enforcement of: (a) Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (OJ No. L139, 30.4.2004, p.1. The revised text of Regulation 852/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.3)); (b) Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (OJ No. L139, 30.4.2004, p.55. The revised text of Regulation 853/2004 is now set out in Corrigendum (OJ No. L226, 25.6.2004, p.22)); and (c) Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (OJ No. L155, 30.4.2004, p.206. The revised text of Regulation 854/2004 is now set out in a Corrigendum (OJ No. L226, 25.6.2004, p.83)). 2. These Regulations: (a) create certain presumptions that, for the purposes thereof, specified food is intended for human consumption (regulation 3); (b) provide that the Food Standards Agency is the competent authority for the purposes of the Community Regulations except where it has delegated competencies (regulation 4); (c) make provision for the enforcement and execution of these Regulations and of the Community Regulations (regulation 5); (d) provide for the following enforcement measures to be available in respect of a food business operator: (i) hygiene improvement notices (regulation 6); (ii) hygiene prohibition orders (regulation 7); (iii) hygiene emergency prohibition notices and orders (regulation 8); and (iv) remedial action notices and detention notices (regulation 9); (e) provide that where the commission of an offence thereunder is due to the act or default of some other person that other person is guilty of the offence (regulation 10); (f) provide that in proceedings for an offence thereunder it is a defence for the accused to prove that the accused took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 11); (g) provide for the procurement and analysis of samples (regulations 12 and 13 respectively); (h) provide powers of entry for authorised officers of an enforcement authority (regulation 14); (i) provide for the offence of obstructing an officer (regulation 15); (j) provide a time limit for bringing prosecutions (regulation 16); (k) provide that a person who contravenes or fails to comply with specified provisions of Regulation 852/2004 or Regulation 853/2004 is guilty of an offence (regulation 17(1)); (l) provide penalties for offences (regulation 17(2) and (3)); (m) provide that a person is considered not to have contravened or failed to comply with a specified provision of Regulation (EC) No. 852/2004 (requirement for bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and / or containers / tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with (regulation 17(4)); (n) provide that where an offence thereunder which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such that officer or person as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 18); (o) provide that where an offence thereunder which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner that partner as well as the partnership is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 19); (p) provide rights of appeal in respect of hygiene improvement notices, remedial action notices, hygiene prohibition orders and hygiene emergency prohibition orders (regulations 20 to 22); (q) provide for the application of section 9 of the Food Safety Act 1990 (1990 c. 16) (regulation 23); (r) provide for the issue of codes to food authorities by the National Assembly for Wales of recommended practice (regulation 24); (s) provide for the protection of officers acting in good faith (regulation 25); (t) provide for the revocation or suspension of the designation or, as the case may be, appointment of specified officials (regulation 26); (u) provide that when an authorised officer of an enforcement authority has certified that any food has not been produced, processed or distributed in compliance with the Hygiene Regulations, it must be treated for the purposes of section 9 of the Food Safety Act 1990 as failing to comply with food safety requirements (regulation 27); (v) provide for the service of documents (regulation 28); (w) provide that the requirements set out in the following Schedules has effect: (i) Schedule 3 (bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) (regulation 29); (ii) Schedule 4 (temperature control requirements) (regulation 30); (iii) Schedule 5 (direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm) (regulation 31); and (iv) Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption (regulation 32); (x) amend Regulation 31 of the Food Labelling Regulations 1996 (Raw Milk) (regulation 32); and (y) provide for the revocation of specified instruments to the extent specified (regulation 33).
Made Under:	European Communities (Designation) (No. 2) Order 2005 (SI.2005/1971) - in relation to measures relating to food (including drink), including the primary production of food Food Safety Act 1990 (C. 16) - sections 16(1)(e), having had regard in accordance with section 48(4A) of the Food Safety Act to relevant advice given by the Food Standards Agency and after consultation both 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
Amending:	Gelatine (Intra-Community Trade) (Wales) Regulations 2001 (2219) Food Safety (Ships and Aircraft) (Wales) Order 2003 (1774)
Amending:	REVOCATIONS The Milk and Dairies (General) Regulations 1959 S.I. 1959/277 The whole Regulations The Ice-Cream (Heat Treatment, etc.) Regulations 1959 S.I. 1959/734 The whole Regulations The Food Premises (Registration) Regulations 1991 S.I. 1991/2825 The whole Regulations The Meat Hygiene Appeals Tribunal (Procedure) Regulations 1992 S.I. 1992/2921 The whole Regulations The Egg Products Regulations 1993 S.I. 1993/1520 The whole Regulations The Meat Products (Hygiene) Regulations 1994 S.I. 1994/3082 The whole Regulations The Fresh Meat (Hygiene and Inspection) Regulations 1995 S.I. 1995/539 The whole Regulations The Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations 1995 S.I. 1995/540 The whole Regulations The Dairy Products (Hygiene) Regulations 1995 S.I. 1995/1086 The whole Regulations The Dairy Products (Hygiene) (Charges) Regulations 1995 S.I. 1995/1122 The whole Regulations The Eggs (Marketing Standards) Regulations 1995 S.I. 1995/1544 In regulation 2(1), the definitions of "the Agency" and "Council Decision"; paragraph (b) of "Community provisions"; and in paragraph (a) of the definition of "food authority" the words "except in relation to regulation 3(2),". Regulation 3. In regulation 4, paragraphs (1)(b) and (2)(b). In regulation 6, the words "or the Agency"; the words "or (b)"; the words "or, as the case may be, the Agency," in both places where they occur; and the words "or, as the case may be, it,". The Food Safety (General Food Hygiene) Regulations 1995 S.I. 1995/1763 The whole Regulations The Wild Game Meat (Hygiene and Inspection) Regulations 1995 S.I. 1995/2148 The whole Regulations The Food Safety (Temperature Control) Regulations 1995 S.I. 1995/2200 The whole Regulations The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 S.I. 1995/3205 The whole Regulations The Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 S.I. 1998/994 The whole Regulations The Gelatine (Intra-Community Trade) (Wales) Regulations 2001 S.I. 2001/2219 (W.159) The whole Regulations The Food Safety (Ships and Aircraft) (Wales) Order 2003 S.I. 2003/1774 (W.191) In article 2(1), paragraph (a) of the definition of "the principal Hygiene and Temperature Control provisions" Paragraph 2(b) of the Schedule The Collagen and Gelatine (Intra-Community Trade) (Wales) Regulations 2003 S.I. 2003/3229 (W.309) The whole Regulations

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