Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 (S.I. 1361 (W. 89) of 2001)

The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] Welsh Statutory Instrument 2001 No. 1361 (W. 89) The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 © Crown Copyright 2001 The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Royal Badge of Wales and the Queen's Printer imprints. The text of this Internet version of the Statutory Instrument has been prepared to reflect the text as it was Made. The authoritative version is the Queen's Printer copy published by The Stationery Office Limited as the The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001, ISBN 0 11 090217 3. Purchase this item. 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STATUTORY INSTRUMENTS 2001 No. 1361 (W. 89) FOOD, WALES The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 Made 27th March 2001 Coming into force 1st May 2001 In exercise of the powers conferred by sections 16(1), 17(2), 26(1) and (3) and 48(1) of 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, makes the following Regulations: Title, commencement and application 1. - (1) These Regulations may be cited as the Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 and shall come into force on 1st May 2001. (2) These Regulations shall apply to Wales. Interpretation 2. - (1) In these Regulations The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] "the Act" ("y Ddeddf") means the Food Safety Act 1990; "the Commission Regulation" ("Rheoliad y Comisiwn") means Commission Regulation (EC) No. 577/97[3] laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended by Commission Regulation (EC) No. 1278/97[4], Commission Regulation (EC) No. 2181/97[5], Commission Regulation (EC) No. 623/98[6], Commission Regulation (EC) No. 1298/98[7], Commission Regulation (EC) No. 2521/98[8] and Commission Regulation (EC) No. 568/1999[9]; "Community provision" ("Darpariaeth gymunedol") means a provision of the Council Regulation or the Commission Regulation which is referred to in column 1 of Schedule 1 to these Regulations, as read with any supplementary provision referred to in column 2 thereof opposite the reference in column 1; "the Council Regulation" ("Rheoliad y Cyngor") means Council Regulation (EC) No. 2991/94[10] laying down standards for spreadable fats; "EEA Agreement" ("y Cytundeb EEA") means the Agreement on the European Economic Area[11] signed at Oporto on 2nd May 1992 as adjusted by the Protoco[12]) signed at Brussels on 17th March 1993; "EEA State" ("Gwladwriaeth EEA") means a State which is a Contracting Party to the EEA Agreement; "sell" ("gwerthu") includes possess for sale, and offer, expose or advertise for sale; "sell by retail" ("adwerthu") means sell to a person buying otherwise than for the purpose of re-sale; "vitamin A" ("fitamin A") means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal 1 microgram of retinol equivalent; "vitamin D" means the anti-rachitic vitamins. (2) Other expressions used both in these Regulations and in the Council Regulation or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation or the Commission Regulation. Exemptions 3. - (1) Except where paragraph (2) below applies, unless and until there is a decision by the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, these Regulations shall not apply in respect of any spreadable fat to which the EEA Agreement applies and which (a) is brought into Wales (i) from an EEA State (other than a member State) in which it was lawfully produced and sold, or (ii) from another part of the United Kingdom if that spreadable fat was brought there from such an EEA State; and The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] (b) is suitably labelled to indicate the nature of the spreadable fat. (2) Regulation 4 of these Regulations shall not apply in respect of any margarine which (a) is brought into Wales (i) from an EEA State (other than the United Kingdom) in which it was lawfully produced and sold, (ii) from a member State (other than the United Kingdom) in which it was in free circulation and lawfully sold, or (iii) from another part of the United Kingdom in which it was lawfully produced and sold or in which it was in free circulation and lawfully sold; and (b) is suitably labelled to indicate the nature of the margarine. (3) For the purposes of paragraph (2) above, "free circulation" has the same meaning as in Article 23(2) of the Treaty establishing the European Community. Vitamin content of margarine 4. - (1) Any margarine sold by retail shall contain in every 100 grams of such margarine (a) not less than 800 micrograms and not more than 1000 micrograms of vitamin A, and (b) not less than 7.05 micrograms and not more than 8.82 micrograms of vitamin D, and a proportionate amount in any part of 100 grams. (2) No person shall sell by retail any margarine in contravention of this regulation. Enforcement 5. Each food authority shall enforce and execute within its area the Community provisions and these Regulations. Offences and penalty 6. If any person contravenes or fails to comply with (a) regulation 4 of these Regulations, or (b) any Community provision, he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale. Defence in relation to exports The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] 7. In any proceedings under regulation 6(b) of these Regulations it shall be a defence for the person charged to prove (a) that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that it complies with that legislation; and (b) that the legislation complies with the Council Regulation and the Commission Regulation in the case of (i) export to a member State, or (ii) where there is a decision of the EEA Joint Committee under Article 98 of the EEA Agreement to amend it to refer to the Council Regulation and the Commission Regulation, export to an EEA State which is not a member State. Application of various provisions of the Act 8. - (1) The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations section 2 (extended meaning of "sale" etc.); section 3 (presumptions that food is intended for human consumption); section 20 (offences due to fault of another person); section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15; section 22 (defence of publication in the course of a business); section 30(8) (which relates to documentary evidence); section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2); section 36 (offences by bodies corporate). (2) The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act shall be construed for the purposes of these Regulations as including a reference to the Community provisions section 32 (powers of entry); section 33 (obstruction etc. of officers); section 44 (protection of officers acting in good faith). The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] Revocations 9. The Regulations specified in Schedule 2 to these Regulations are hereby revoked in so far as they apply to Wales Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[13]. D. Elis Thomas The Presiding Officer of the National Assembly 27th March 2001 SCHEDULE 1 Regulation 2(1) COMMUNITY PROVISIONS Community provision Supplementary provisions Subject matter 1. The Council Regulation: (a) Article 2 (b) Article 3 (c) Article 4 (d) Article 5 (e) Article 7 Article 1 of the Council Regulation and Article 1 of, and Annex I to, the Commission Regulation Article 2 of, and Annex II to, the Commission Regulation Restrictions on marketing of spreadable fats Requirements relating to the labelling and presentation of spreadable fats Restriction on use of the term "traditional" with the name "butter" Restriction on use of terms relating to fat content Requirements relating to fats imported from third countries 2. The Commission Regulation : Article 3 Restrictions on use of the designation "butter" for composite products SCHEDULE 2 The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] Regulation 9 REVOCATIONS Regulations revoked References The Spreadable Fats (Marketing Standards) Regulations 1995 S.I. 1995/3116. The Spreadable Fats (Marketing Standards) (Amendment) Regulations 1998 S.I. 1998/452. The Spreadable Fats (Marketing Standards) (Amendment) (No. 2) Regulations 1998 S.I. 1998/2538. The Spreadable Fats (Marketing Standards) (Amendment) Regulations 1999 S.I. 1999/540. EXPLANATORY NOTE (This note does not form part of the Regulations) These Regulations consolidate and replace the Spreadable Fats (Marketing Standards) Regulations 1995, as amended, in relation to Wales. These Regulations continue to make provision for the enforcement and execution of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and Commission Regulation (EC) No. 577/97 laying down certain detailed rules for the application of the Council Regulation and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products, as amended. The subject matter of the Community provisions is briefly indicated in column 3 of Schedule 1. The Commission Regulation was last amended by Commission Regulation (EC) No. 568/1999 which allows use of the designation "brandy butter", "sherry butter" or "rum butter" for a sweetened, alcoholic product with a minimum milk-fat content of 20%. In pursuance of Article 6 of EEC Regulation 2991/94, these Regulations re-enact requirements as to the vitamin content of margarine (regulation 4), subject to an exemption (regulation 3(2)). These Regulations (a) specify the authorities which are to enforce and execute these Regulations and the Community provisions referred to in Schedule 1 (regulation 5); (b) create offences and prescribe a penalty (regulation 6) and contain a limited exemption in respect of any spreadable fat to which the EEA Agreement applies and which is brought into Wales from an EEA State other than a member State either directly or via another part of the United Kingdom (regulation 3(1)); (c) provide a defence in relation to exports, in accordance with Articles 2 and 3 of Council Directive 89/397/EEC (OJ No. L186, 30.6.89, p.23) on the official control of foodstuffs, as read with the ninth recital to that Directive (regulation The Spreadable Fats (Marketing Standards) (Wales) Regulations 2001 file:///D/HTML/uk32349.htm[16.01.2025 11:36:11] Other UK SIs | Home | National Assembly for Wales Statutory Instruments | Scottish Statutory Instruments | Statutory Rules of Northern Ireland | Her Majesty's Stationery Office We welcome your comments on this site © Crown copyright 2001 Prepared 1 June 2001 7); (d) incorporate specified provisions of the Food Safety Act 1990 (regulation 8); and (e) revoke the Regulations specified in Schedule 2 as regards Wales (regulation 9). Use of the designation "butter" is also restricted by Article 3 of Council Regulation (EEC) No. 1898/87 (OJ No. L182, 3.7.87, p. 36), which is enforced in Wales by the Milk and Milk Products (Protection of Designations) Regulations 1990 (S.I. 1990/607, as amended by S.I. 1990/2486). Notes: [1] 1990 c.16.back [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).back [3] OJ No. L87, 2.4.97, p.3.back [4] OJ No. L175, 3.7.97, p.6.back [5] OJ No. L299, 4.11.97, p.1.back [6] OJ No.L85, 20.3.98, p.3.back [7] OJ No. L180, 24.6.98, p.5.back [8] OJ No. L315, 25.11.98, p.12.back [9] OJ No. L70, 17.3.1999, p.11.back [10] OJ No. L316, 9.12.94, p.2.back [11] OJ No. L1, 3.1.94, p.1.back [12] OJ No. L1, 3.1.94, p.571.back [13] 1998 c.38.back Cymraeg (Welsh) ISBN 0 11 090217 3