Made | 16th January 2004 | ||
Coming into operation | 29th February 2004 |
Scope
3.
- (1) Subject to paragraphs (2) and (3), these Regulations apply to food which is ready for delivery to the ultimate consumer or to a catering establishment.
(2) These Regulations shall not apply in respect of any food which is -
(3) Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is -
in which it was lawfully sold, having been lawfully produced in an EEA State; or
(b) brought into Northern Ireland from -
in which it was lawfully sold, having been lawfully produced in a member State, or in which it was in free circulation and lawfully sold.
(4) For the purposes of paragraph (3) -
Restrictions on the use of certain names
4.
- (1) For the purposes of the Food Labelling Regulations (Northern Ireland) 1996, a name which appears in column 1 of Schedule 2 shall not be used in the labelling or advertising of a meat product as the name of the food, whether or not qualified by other words, unless either -
(2) A name which appears in column 1 of Schedule 2 shall not be used in the labelling or advertising of a food, whether or not qualified by other words, in such a way as to suggest, either expressly or by implication, that the product designated by that name is an ingredient of the food unless either -
(b)
(3) No person shall sell a food in the labelling of which a name is used in contravention of paragraph (1) or (2).
(4) No person shall use a name in contravention of paragraph (1) or (2) in advertising a food for sale.
Name of the food for certain meat products
5.
- (1) Subject to paragraphs (3) and (4), where any person sells any meat product which has the appearance of a cut, joint, slice, portion or carcase of meat or of cured meat (in each case, whether cooked or uncooked), this regulation shall apply.
(2) For the purposes of the Food Labelling Regulations (Northern Ireland) 1996, the name used as the name of the food in the labelling of any meat product to which this regulation applies shall include an indication of -
(3) For the purposes of paragraph (1), no account shall be taken of the presence in or on the meat product of any seasoning, garnishing or gelatinous substance, nor of any packaging material enclosing the meat product.
(4) This regulation shall not apply where the name used as the name of the food is a name which appears in column 1 of Schedule 2, whether or not qualified by other words, or to a food having the appearance of minced uncooked meat which has been shaped.
Parts of the carcase in uncooked meat products
6.
- (1) Subject to paragraph (3), no person shall sell an uncooked meat product in the preparation of which any part specified in paragraph (2) of the carcase from any mammalian species has been used as an ingredient.
(2) Subject to the Transmissible Spongiform Encephalopathy Regulations (Northern Ireland) 2002[9], the specified parts of the carcase are: brains, feet, large intestine, small intestine, lungs, oesophagus, rectum, spinal cord, spleen, stomach, testicles and udder.
(3) The prohibition contained in paragraph (1) shall not extend to use of either a mammalian large or small intestine solely as a sausage skin.
(4) In this regulation, "sausage" includes chipolata, frankfurter, link, salami and any similar product.
Penalties and enforcement
7.
- (1) If any person contravenes regulation 4, 5(2) or 6(1) 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) Each district council shall enforce and execute these Regulations within its district.
Application of various provisions of the Order
8.
The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed as a reference to these Regulations -
Amendment of the Food Labelling Regulations (Northern Ireland) 1996
9.
The Food Labelling Regulations (Northern Ireland) 1996 shall be amended as follows -
(c) after Schedule 4 there shall be inserted the Schedule contained in Schedule 4 to these Regulations.
Transitional provision and defence in relation to exports
10.
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that -
(b) the food in respect of which the offence is alleged to have been committed -
Revocations
11.
The provisions specified in column 1 of Schedule 5 are revoked to the extent specified in column 2 of that Schedule.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
16th January 2004.
L.S.
Deirdre Kenny
A Senior Officer of the Department of Health, Social Services and Public Safety
Column 1 | Column 2 | Column 3 | ||
Name of Food | Meat or Cured Meat Content Requirements | Additional Requirements | ||
The food shall contain not less than the indicated percentage of meat, where the meat ingredient consists of the following: | ||||
Meat or, as the case may be, cured meat from pigs only | Meat or, as the case may be, cured meat from birds only, rabbits only, or a combination of birds and rabbits only | Meat or, as the case may be, cured meat from other species or other mixtures of meat | ||
1.
Burger - whether or not forming part of another word, but excluding any name falling within items 2 or 3. |
67% | 55% | 62% |
1.
Where the name "hamburger" is used, the meat used in the preparation of the food must be beef, pork or a mixture of both. 2. Where either of the names "burger" or "economy burger" is qualified by the name of a type of cured meat, the food must contain a percentage of meat of the type from which the named type of cured meat is prepared at least equal to the minimum required meat content for that food. 3. Where any of the names "burger", "economy burger" or "hamburger" is qualified by the name of a type of meat, the food must contain a percentage of that named meat at least equal to the minimum required meat content for that food. 4. Where any of the names "burger", "economy burger" or "hamburger" are used to refer to a compound ingredient consisting of a meat mixture and other ingredients, such as a bread roll, these requirements shall apply only to the meat mixture, as if the meat mixture were the meat product in the labelling or advertising of which the name was used as the name of the food. |
2.
Economy Burger - whether or not "burger" forms part of another word. |
50% | 41% | 47% | |
3.
Hamburger - whether or not forming part of another word. |
67% | Not applicable | 62% | |
4.
Chopped X, there being inserted in place of "X" the name "meat" or "cured meat" or the name of a type of meat or cured meat, whether or not there is also included the name of a type of meat |
75% | 62% | 70% | No additional requirement |
5.
Corned X, there being inserted in place of "X" the name "meat" or the name of a type of meat, unless qualified by words which include the name of a food other than meat |
120% | 120% | 120% |
1.
The food shall consist wholly of meat that has been corned. 2. Where the name of the food includes the name of a type of meat, the meat used in the preparation of the food shall be wholly of the named type. 3. The total fat content of the food shall not exceed 15%. |
6.
Luncheon meat Luncheon X, there being inserted in place of "X" the name of a type of meat or cured meat |
67% | 55% | 62% | No additional requirement |
7.
Meat pie Meat pudding The name "pie" or "pudding" qualified by the name of a type of meat or cured meat unless qualified also by the name of a food other than meat or cured meat |
1.
Where the name "Melton Mowbray pie" is used, the meat used in the preparation of the food must be meat from pigs only. |
|||
Melton Mowbray pie | ||||
Game pie | ||||
Based on the weight of the ingredients when the food is uncooked | 12.5% | 12.5% | 12.5% | |
But if the food weighs - | ||||
not more than 200 g. and not less than 100 g. | 11% | 11% | 11% | |
less than 100 g. | 10% | 10% | 10% | |
8.
Scottish pie or Scotch pie |
No additional requirement | |||
Based on the weight of the ingredients when the food is uncooked | 10% | 10% | 10% | |
9.
The name "pie" or "pudding" qualified by the words "meat" or "cured meat" or by the name of a type of meat or cured meat and also qualified by the name of a food other than meat or cured meat - |
No additional requirement | |||
Where the former (meat-related) qualification precedes the latter | 7% | 7% | 7% | |
Where the latter (non-meat-related) qualification precedes the former | 6% | 6% | 6% | |
Based on the weight of the ingredients when the food is uncooked | ||||
10.
Pasty or Pastie |
No additional requirement | |||
Bridie | ||||
Sausage roll | ||||
Based on the weight of the ingredients when the food is uncooked | 6% | 6% | 6% | |
11.
Sausage (excluding the name "sausage" when qualified by the words "liver" or "tongue" or both), link, chipolata or sausage meat. |
No additional requirement | |||
Where the name is qualified by the name "pork" but not by the name of any other type of meat | 42% | Not applicable | Not applicable | |
In all other cases | 32% | 26% | 30% |
Column 1 | Column 2 |
Provision | Extent of revocation |
Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984 (S.R. 1984 No. 408) | The whole Regulations |
Meat Products and Spreadable Fish Products (Amendment) Regulations (Northern Ireland) 1986 (S.R. 1986 No. 227) | The whole Regulations |
Food Safety (Northern Ireland) Order 1991 (Consequential Modifications) Order (Northern Ireland) 1991 (S.R. 1991 No. 203) | In Schedule 1 and in Schedule 5 the references to the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984 |
Food Safety (Exports) Regulations (Northern Ireland) 1991 (S.R. 1991 No. 344) | In the Schedule, the reference to the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984 |
Food (Forces Exemptions) (Revocations) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 464) | In the Schedule, the reference to the Meat Products and Spreadable Fish Products Regulations (Northern Ireland) 1984 |
Sweeteners in Food Regulations (Northern Ireland) 1996 (S.R. 1996 No. 48) | Regulation 10(3) |
Colours in Food Regulations (Northern Ireland) 1996 (S.R. 1996 No. 49) | Regulation 12(4) |
Miscellaneous Food Additives Regulations (Northern Ireland) 1996 (S.R..1996 No. 50) | Regulation 10(9) |
(i) include a transitional provision relating to offences under the Regulations committed before 1st August 2004 and a defence in relation to food intended for export (regulation 10).
[2] S.I. 1991/762 (N.I.7) as amended by S.I. 1996 /1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28back
[3] O.J. No. L31, 1.2.2002, p. 1; laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safetyback
[4] S.R. 1996 No. 383; relevant amending Regulations are S.R. 1998 Nos. 253 and 359, S.R. 1999 Nos. 143, 244, 286 and 301, S.R. 2000 No. 189 and S.R. 2003 No. 159back
[5] O.J. No. L109, 6.5.2000, p. 29back
[6] O.J. No. L310, 28.11.2001, p. 19back
[7] O.J. No. L1, 3.1.94, p. 1back
[8] O.J. No. L1, 3.1.94, p. 571back
[9] S.R. 2002 No. 225, as amended by S.R. 2003 Nos. 495 and 509back
[10] S.R. 1984 No. 408, as amended by S.R. 1986 No. 227, S.R. 1991 Nos. 203 and 344, S.R. 1992 No. 464, S.R. 1996 Nos. 48, 49, 50 and 383, and S.R. 1998 No. 253back
[11] O.J. No. L173, 6.7.90, p. 1back
[12] O.J. No. L37, 13.2.93, p. 8back
[13] O.J. No. L289, 24.11.93, p. 3back
[14] O.J. No. L143, 7.6.91, p. 11back
[15] O.J. No. L263, 22.10.93, p. 12back
[16] O.J. No. L244, 12.10.95, p. 60back
[17] O.J. No. L134, 5.6.96, p. 9back
[18] S.R. 1996 No. 49, as amended by S.R. 2000 No. 188 and S.R.2001 No. 408back
[19] S.R. 1992 No. 416, as amended by S.R. 1994 No. 270 and S.R. 1996 No. 383back
[20] S.R. 1996 No. 50, as amended by S.R. 1997 No. 340, S.R. 1999 No. 244, S.R. 2001 Nos. 46 and 419 and S.R. 2003 Nos. 300, 301 and 313back
[21] S.R. 1996 No. 48, as amended by S.R. 1997 No. 257, S.R. 1999 No. 216, S.R. 2002 No. 39 and S.R. 2003 No. 257back
[22] O.J. No. L57, 2.3.92, p. 1back
[23] O.J. No. L10, 16.1.98, p. 25back