|Made||10th September 2004|
|Coming into operation||8th October 2004|
(2) In these Regulations -
(3) Other expressions used in these Regulations and in Regulation 1829/2003 have the same meanings in these Regulations as in Regulation 1829/2003.
Submission of applications for authorisation to market products
3. The national competent authority for the purposes of Chapter II of Regulation 1829/2003 shall be the Food Standards Agency.
4. Each district council shall enforce and execute the provisions of these Regulations and Chapter II of Regulation 1829/2003 within its district.
Offences and penalties
5. - (1) Any person who, after the date on which these Regulations come into operation, contravenes the specified Community provision contained in Part I of the Schedule shall be guilty of an offence and liable -
(2) Any person who, after the date on which these Regulations come into operation, contravenes any of the specified Community provisions contained in Part II of the Schedule shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Application of various provisions of the Order
6. - (1) The following provisions of the Order shall apply for the purposes of these Regulations and Regulation 1829/2003 as they apply for the purposes of the Order -
(2) Article 35 (time limit for prosecutions) shall apply to offences under regulation 5 as it applies to offences punishable under Article 36(2) of the Order.
Inspection, detention and seizure of suspected food
7. - (1) Article 7(2) of the Order shall apply for the purposes of these Regulations as if it read as follows -
(2) Article 8 of the Order shall apply for the purposes of these Regulations as if it read as follows -
and paragraphs (2) to (9) shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food fails to comply with a specified Community provision.
(2) The authorised officer may either -
(b) seize the food and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) shall be guilty of an offence.
(3) Where the authorised officer gives notice under paragraph (2)(a), he shall, as soon as is reasonably practicable and in any event before the expiration of 21 days, determine whether or not he is satisfied that the food complies with the specified Community provisions and -
(4) Where an authorised officer seizes and removes food under paragraph (2)(b) or (3)(b), he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and -
(5) If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this Article fails to comply with a specified Community provision then, subject to paragraph (6), he shall condemn the food and order -
(6) In the case of a food referred to in Article 3.1 which is the subject of an authorisation granted under Regulation 1829/2003 and has been produced in accordance with any conditions relating to that authorisation but does not bear the appropriate labelling as required by Article 13 the justice of the peace may, at his discretion, order -
(7) If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this Article refuses to condemn it or to make an order for the proper labelling of the food, the district council shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
(8) Any disputed question as to the right to or the amount of any compensation payable under paragraph (7) shall be determined by a single arbitrator appointed, failing agreement between the parties, by the Department; and the provisions of the Arbitration Act 1996 shall apply accordingly.
(9) In this Article "specified Community provision" has the same meaning as in the Genetically Modified Food Regulations (Northern Ireland) 2004.".
8. The Genetically Modified and Novel Foods (Labelling) Regulations (Northern Ireland) 2000 are hereby revoked.
9. - (1) In the Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004, in regulation 2(1), in the definition of "Regulation EC No. 258/97", after "novel foods and novel food ingredients" there shall be inserted "as amended by Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed".
(2) In the Food (Provisions Relating to Labelling) Regulations (Northern Ireland) 2003, regulation 8 shall be revoked.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
10th September 2004.
A senior officer of the Department of Health, Social Services and Public Safety
|Provision of Regulation 1829/2003||Subject Matter|
|Article 4.2||Prohibition on placing on the market a food referred to in Article 3.1 unless it is covered by an authorisation and satisfies relevant conditions of the authorisation.|
|Provision of Regulation 1829/2003||Subject Matter|
|Article 8.6||Requirement that products in respect of which the Commission have adopted a measure under Article 8.6 shall be withdrawn from the market.|
|Article 9||Requirement that an authorisation holder and parties concerned must comply with conditions or restrictions imposed on an authorisation for a product and with post-market monitoring requirements.|
|Article 9.3||Requirement that an authorisation holder inform the Commission of any new scientific or technical information relating to a product, which might influence the evaluation of the safety in use of the food or of any prohibition or restriction on the food in a third country.|
|Article 13||Requirement for certain labelling indications|