Background and Purpose
These Regulations amend the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Wales) Regulations 2004 (“the 2004 Regulations”) to:
a) permit the addition of calcium-L-methylfolate in the manufacture of processed cereal-based foods and baby foods; and
b) correct a previous missed amendment to add ferrous bisglycinate and zinc chloride as permitted sources of vitamins and minerals to be added to processed-cereal based foods and baby foods. Additionally, where a processed cereal-based food or baby food is labelled with the average quantity of those substances, the effect of these Regulations is that this must be done in a manner which complies with certain labelling requirements set out in regulation 8(2) and (3) of the 2004 Regulations.
Procedure
Negative.
The Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
No points are identified for reporting under Standing Order 21.2 in respect of this instrument.
Merits Scrutiny
One point is identified for reporting under Standing Order 21.3 in respect of this instrument.
1. Standing Order 21.3(ii) – that it is of political or legal importance or gives rise to issues of public policy likely to be of interest to the Senedd.
The Explanatory Memorandum to the Regulations has been laid in English only. The Welsh Government is asked to explain why a Welsh language version of the Explanatory Memorandum has not been laid.
Welsh Government response
Merit Scrutiny point :
Explanatory Memoranda for subordinate legislation are prioritised for publication in Welsh (in line with Standard 47 of the Welsh Language Standards). A Welsh language version is published if the subject matter of the Explanatory Memorandum suggests that one should be available in Welsh, or the anticipated audience will expect to see a Welsh language version. In this instance, the Welsh Government deemed that a Welsh Language version of the Explanatory Memorandum was not needed due to the the narrow and specific nature of the Regulations and the small target audience.
Legal Advisers
Legislation, Justice and Constitution Committee
20 December 2022