Welsh Statutory Instruments
2025 No. 395 (W. 79)
Food, Wales
Public Health, Wales
The Food (Promotion and Presentation) (Wales) Regulations 2025
Made
26 March 2025
Coming into force
26 March 2026
term the 2008 act term the 1990 act The Welsh Ministers make the following Regulations in exercise of the powers conferred by sections 6(4)(a), 16(1)(e) and (f), 26(3) and 48(1) of the Food Safety Act 1990(1) (“the 1990 Act”) and now vested in them(2), and section 62(2) of the Regulatory Enforcement and Sanctions Act 2008(3) (“the 2008 Act”).
The Welsh Ministers have had regard to relevant advice given by the Food Standards Agency in accordance with section 48(4A) of the 1990 Act(4).
There has been consultation as required by Article 9 of Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 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(5).
The Welsh Ministers have consulted in accordance with sections 59(3) and 60(1) of the 2008 Act(6).
The Welsh Ministers are satisfied in accordance with section 66 of the 2008 Act that food authorities (who are regulators for the purpose of these Regulations) will act in accordance with the principles referred to in section 5(2) of that Act in exercising a power conferred by these Regulations.
A draft of these Regulations was laid before Senedd Cymru in accordance with section 62(3) of the 2008 Act(7), and approved by resolution of Senedd Cymru.
term the 1999 act 1990 c. 16. Section 6(4)(a) was amended by paragraph 6 of Schedule 9 to the Deregulation and Contracting Out Act 1994 (c. 40); paragraph 10(1) and (3)(a) and (b) of Schedule 5, and Schedule 6 to the Food Standards Act 1999 (c. 28) (“the 1999 Act”); and Schedule 2 to S.I. 2002/794. Sections 16(1) and 48(1) were amended by paragraph 8 of Schedule 5 to the 1999 Act. Section 26(3) was amended by Schedule 6 to the 1999 Act.
term the 2006 act Those functions, formerly exercisable by “the Ministers”, were conferred on the Secretary of State pursuant to paragraph 8 of Schedule 5 to the 1999 Act. Those functions, 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) as read with section 40(3) of the 1999 Act. Those functions are now exercisable by the Welsh Ministers by virtue of section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32) (“the 2006 Act”).
2008 c. 13. Section 39(4) was amended by S.I. 2015/664. Section 36(2) was amended by Part 3 of the Enterprise Act 2016 (c. 12). “Prescribed” is defined in section 71(1) of the Regulatory Enforcement and Sanctions Act 2008 (c. 13).
Section 48(4A) of the Food Safety Act 1990 (c. 16) was inserted by paragraph 21 of Schedule 5 to the Food Standards Act 1999 (c. 28).
EUR 2002/178, to which there are amendments not relevant to these Regulations.
term relevant authority Section 71(1) of the 2008 Act provides that “relevant authority” means, in relation to provision made under or by virtue of Part 3 by the Welsh Ministers, the Welsh Ministers.
The reference in section 62(3) of the 2008 Act to the National Assembly for Wales now has effect as a reference to Senedd Cymru, by virtue of section 150A(2) of the 2006 Act.