|Made||6th February 2007|
|Coming into operation||1st March 2007|
(2) Unless the context otherwise requires, any expression used both in these Regulations and in Directive 89/108, Directive 92/2 or Regulation 37/2005 has the meaning that it bears in Directive 89/108, Directive 92/2 or Regulation 37/2005 as the case may be.
(3) Where any functions under the Act are assigned—
(4) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly
Placing on the market of quick-frozen foodstuffs
3. No person shall place a quick-frozen foodstuff on the market for human consumption unless the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.
Packaging of quick-frozen foodstuffs intended for the ultimate consumer
4. No person shall place any quick-frozen foodstuff intended for the ultimate consumer on the market unless—
Labelling of quick-frozen foodstuffs
5. —(1) The description "quick-frozen" or any other description listed in Article 8.1(a) of Directive 89/108 shall not be used in the labelling for the purpose of placing on the market of—
(2) A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description "quick-frozen" (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
it is advisable to store it;
(d) a reference allowing identification of the batch to which it belongs; and
(e) a clear message of the type "do not refreeze after defrosting".
(3) Any other quick-frozen foodstuff shall, in addition to the description "quick-frozen" (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
(4) No person shall place on the market any food intended for the ultimate consumer or any catering establishment where its labelling or marking contravenes paragraph (1) or (2) and no person shall place on the market any food intended for any other person where its labelling or marking contravenes paragraph (1) or (3).
6. Each food operator handling a quick-frozen foodstuff intended for placing on the market for human consumption shall ensure during each stage during which it is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause the placing on the market of the foodstuff for human consumption to contravene these Regulations.
Sampling and method of measuring temperatures
7. Where, further to an inspection, an authorised officer has reasonable grounds to believe that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraph 1(e) and (f) of Schedule 2, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Directive 92/2.
8. Each food operator handling any quick-frozen foodstuff shall at the request of an authorised officer of an enforcement authority make records required to be kept under Article 2 of Regulation 37/2005 available to that or another authorised officer of that district council.
Offences penalties and enforcement
9. —(1) If any person contravenes any of the provisions of these Regulations 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.
(2) Subject to paragraphs (3) and (4), if any person contravenes a specified 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.
(3) A person shall be considered not to have contravened the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.
(4) A person shall be considered not to have contravened Article 2 of Regulation 37/2005 if—
(5) Each district council shall enforce and execute these Regulations within its district.
Application of various provisions of the Food Safety (Northern Ireland) Order 1991
10. The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or a Part of it shall be construed as a reference to these Regulations—
11. The Quick-frozen Foodstuffs Regulations (Northern Ireland) 1990 are revoked.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
6th February 2007.
A senior officer of the Department of Health, Social Services and Public Safety
|1. Provision of Regulation 37/2005||2. Subject-matter|
Requirement that the means of transport, warehousing and storage of quick-frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick-frozen foodstuffs are subjected.
|Article 2.2 – first sentence of first paragraph||
Requirement that all measuring instruments described in Article 2.1 of Regulation 37/2005 shall comply with EN 12830, EN 13485 and EN 13486 standards.
|Article 2.2 – second sentence of first paragraph||
Requirement that food operators keep all relevant documents verifying that the measuring instruments conform to the relevant EN standard.
Requirement that temperature recording shall be dated and stored by the food operator for a period of at least a year, or for longer taking into account the nature and shelf life of the quick-frozen foodstuffs.
|Article 3.1 – first paragraph||
Requirement that storage in retail display cabinets, or in the course of local distribution the air temperature shall only be measured by at least one easily visible thermometer.
|Article 3.1 – second paragraph (a) and (b)||Requirement that in open retail cabinets the maximum load line of the cabinet shall be clearly marked and the thermometer shall indicate the temperature at the air return side at the level of that mark.|
For the purposes of paragraph 1—
(b) a permitted exception relating to the temperature of any food applies when—
the instrument shall be a system for monitoring air temperatures that-
(f) in respect of a vehicle registered outside the United Kingdom, the instrument shall be an instrument which has been approved by the competent authority in the country in which the vehicle is registered; and
(g) in respect of means of transport when being used in the course of local distribution, the instrument shall be one or more thermometers so placed as to be easily visible.
The Directives implemented by the S.R. 1990 No.455 that these Regulations continue to implement are—
 OJ No. L31, 1.2.2002, p. 1. as last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p3) amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p3). By virtue of Regulation 5 of the Food Safety (Northern Ireland) Order 1991 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No.482), with effect from 7th December 2004 the consultation requirement contained in Article 47(3) of the 1991 Order is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002back
 OJ No. L40, 11.2.89, p.34, as last amended as at the making of this instrument by Council Directive 2006/107/EC adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2003/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs by reason of the accession of Bulgaria and Romania. (OJ No. L363, 20.12.06, p.411)back
 OJ No. L40, 11.12.89, p.34 as last amended as at the making of this instrument by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ No. L236, 23.9.2003, p.33).back