7. The Food and Feed (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2022

Part of the debate – in the Senedd at 5:20 pm on 13 December 2022.

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Photo of Lynne Neagle Lynne Neagle Labour 5:20, 13 December 2022

Diolch, Llywydd. I move the motion. The regulations that we are debating today make amendments to domestic legislation applying in relation to Wales on food and feed safety and hygiene. These amendments are required to improve the clarity and accessibility of Welsh domestic food and feed safety and hygiene legislation following the withdrawal of the UK from the EU, and to correct references defining enforcement authorities in relation to animal feed. 

The Welsh Government's priority is to maintain the high standards of food safety and consumer protection we have established. Therefore, this instrument does not introduce any relaxation of the robust legal regime we have in Wales now. This instrument does not introduce any changes that will impact the day-to-day operation of food businesses, nor does it introduce any new regulatory burden. The essence of legislation is unchanged. 

At this point, I would like to thank the Legislation, Justice and Constitution Committee for their detailed report on the proposed instrument. I acknowledge and accept the five technical scrutiny points that have been identified. I will seek that these are rectified at the earliest opportunity. Of the points identified by the Legislation, Justice and Constitution Committee, we will seek that two are rectified as correction slips, with the remaining three being rectified within another statutory instrument that is due to be laid during the first half of 2023.

As the scrutiny points do not have a substantive impact on the operability of this instrument, I would therefore ask that the proposed amendments in this instrument are supported, to avoid losing the powers in the European Union (Withdrawal) Act 2018 required to make the majority of the amendments. These powers will expire on 31 December 2022.

Alternative powers are available for most provisions, with the exception that there are no alternative powers available to make regulation 4(8). This provision is a new regulation-making power for the Welsh Ministers to amend the lists of undesirable substances in relation to animal feed. Not proceeding with these proposed changes would create a period of divergence in terms of accessibility for the relevant legislation within Wales compared to England and Scotland until such time as it might be possible to bring the Welsh regulations into alignment with the other GB regulations. If approved, this instrument will come into force on 31 December 2022. Diolch.