|Made||13 February 2007|
|Coming into force||1 March 2007|
but does not include ice-cream or any other edible ice;
(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—
any reference in these Regulations to a food authority is to be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.
Placing on the market of quick-frozen foodstuffs
3. No person may 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 may place any quick-frozen foodstuff intended for the ultimate consumer on the market unless—
Marketing or labelling of quick-frozen foodstuffs
5. —(1) No person may place on the market any food intended for the ultimate consumer or any catering establishment where its labelling or marking contravenes paragraph (2) or (3) and no person may place on the market any food intended for any other person where its labelling or marking contravenes paragraph (2) or (4).
(2) The description "quick-frozen" or any other description listed in Article 8.1(a) of Directive 89/108 may only be used in the labelling for the purpose of placing on the market of—
(3) A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment must, 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".
(4) Any other quick-frozen foodstuff must, 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—
6. Each food operator handling a quick-frozen foodstuff intended for placing on the market for human consumption must ensure during each stage which it is within the food operator's control that the equipment used in respect of that foodstuff is such as to ensure that its eventual placing on the market does not contravene these Regulations, whether through an act or an omission on the part of the food operator.
Sampling and method of measuring temperatures
7. Where, further to an inspection, an authorised officer of an enforcement authority 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 must further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Directive 92/2.
8. Each food operator handling a quick-frozen foodstuff must at the request of an authorised officer of an enforcement authority make available, to that or another authorised officer of that authority, the records required to be kept under Article 2 of Regulation 37/2005.
Offences, penalties and enforcement
9. —(1) If any person contravenes or fails to comply with any of the provisions of these Regulations that person is guilty of an offence and is 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 or fails to comply with a specified Community provision that person is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person will not be considered to have contravened or failed to comply with the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.
(4) A person will not be considered to have contravened or failed to comply with Article 2 of Regulation 37/2005 if—
(5) Each food authority must enforce and execute these Regulations within its area.
Application of various provisions of the Food Safety Act 1990
10. The following provisions of the Act apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or a Part of it is to be construed as a reference to these Regulations—
11. In so far as they apply in relation to Wales, the Quick-frozen Foodstuffs Regulations 1990 are revoked.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
The Presiding Officer of the National Assembly
13 February 2007
|1. Provision of Regulation 37/2005||2. Subject-matter|
|Article 2.1||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.|
|Article 2.3||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 a food applies when—
the instrument must be a system for monitoring air temperatures that—
(f) in respect of a vehicle registered outside the United Kingdom, the instrument must 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 must be one or more thermometers so placed as to be easily visible.
The Directives implemented by S.I. 1990/2615 that these Regulations continue to implement are—
A full Regulatory Appraisal of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Food Standards Agency, 11th Floor, Southgate House, Wood Street, Cardiff CF10 1EW, and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.
 OJ No. L31, 1.2.2002, p.1. as last amended as at the making of this instrument by commission Regulation (EC) No. 575/2006 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, p.3).back
 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 2000/13/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, 20.12.2006, p.411).back
 OJ No. L40, 11.12.89, 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 2000/13/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