|Made||9th December 2004|
|Coming into operation||1st January 2005|
(2) Expressions used both in these Regulations and in Regulation (EC) No. 178/2002 have the same meaning in these Regulations as they have in that Regulation.
(3) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
Competent authorities for the purposes of Regulation 178/2002
3. - (1) The following bodies are designated as the competent authorities for the purposes of the provisions of Regulation (EC) No. 178/2002 specified in paragraph (2) -
(2) Those provisions of Regulation (EC) No. 178/2002 referred to in paragraph (1) are -
Requirements under Regulation (EC) No. 178/2002: offences
4. Any person who contravenes any of the following provisions of Regulation (EC) No. 178/2002 shall be guilty of an offence -
Punishment of offences
5. - (1) A person guilty of an offence under regulation 4 shall be liable -
(2) In paragraph (1) "the relevant amount" means -
6. - (1) Each district council shall enforce and execute these Regulations and the following provisions of Regulation (EC) No. 178/2002 in its district -
(2) The Agency shall also enforce and execute Articles 14 and 19 of Regulation (EC) No. 178/2002 and these Regulations in so far as they relate to those Articles as regards relevant food.
(3) In paragraph (2) "relevant food" means food in respect of which the Agency is specified in regulations made pursuant to Article 26(3) of the Order or made under the European Communities Act 1972 as being the enforcement authority.
Application of various provisions of the Order
7. - (1) 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 Part thereof shall be construed as a reference to these Regulations -
(2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the references in sub-paragraph (1)(a) to the Order shall be construed as including references to Regulation (EC) No. 178/2002.
(3) 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 shall be construed as including a reference to Regulation (EC) No. 178/2002 and these Regulations -
(4) Article 35 of the Order (time limit for prosecutions) shall apply to offences under regulation 4 as it applies to offences punishable under Article 36(2) of the Order.
Amendment of the Order
8. The Order shall be amended in accordance with regulations 9 to 16.
9. In Article 5 (interpretation) -
Article 6 (rendering food injurious to health) shall be renumbered as paragraph (1) of that Article and after paragraph (1) there shall be inserted the following paragraph -
(2) In paragraph (5) there shall be substituted for the words "or 7" the words "or regulation 4(a) of the General Food Regulations (Northern Ireland) 2004".
13. In Article 10 (prohibition orders) there shall be inserted after paragraph (2) -
In Article 20(2) (defence of due diligence) there shall be substituted for the words "Article 7, 13 or 14" the words "Article 13 or 14".
15. In Article 36(3) (a) (punishment of offences) there shall be substituted for the words "Article 6, 7 or 13" the words "Article 6 or 13".
16. In Article 2 (interpretation) -
Consequential amendment of Regulations
17. - (1) This regulation applies to any provision of any Regulations by virtue of which immediately before the coming into operation of these Regulations Article 7(2) of the Order applies where any requirements of those Regulations or any requirements referred to in those Regulations are contravened in respect of any food.
(2) Any provision to which paragraph (1) applies shall be construed as providing that where any requirements of those Regulations or referred to in those Regulations are contravened in respect of any food and that food is part of a batch, lot or consignment of food of the same class or description, it shall be presumed, until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with those requirements.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
9th December 2004.
A senior officer of the Department of Health, Social Services and Public Safety
In the EC Regulation, "food", "food business operator" and associated expressions are defined in Articles 2 and 3.
3. These Regulations -
 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. 28, paragraph 2 of Article 2 (regarding the definition of "food") was substitued by S.R. 2004 No. 482back