Made | 9th March 2005 | ||
Coming into operation in accordance with regulation 1 |
Interpretation
2.
- (1) In these Regulations -
(2) Other expressions used in these Regulations and in Regulation 2065/2003 have the same meanings in these Regulations as in Regulation 2065/2003.
Administration of Regulation 2065/2003
3.
The national competent authority for the purposes of Article 7 of Regulation 2065/2003 (application for authorisation) shall be the Food Standards Agency[5].
Condemnation of food
4.
- (1) Where, in relation to any food, a contravention of any of Articles 4.2, 5.1, 5.2, 9.4 or 9.5 of Regulation 2065/2003 has occurred -
(2) For the purposes of this regulation "food" includes any primary smoke condensate, primary tar fraction or derived smoke flavouring.
Offences and penalties
5.
Any person who contravenes or fails to comply with any of the specified Community provisions contained in the Schedule shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of various provisions of the Food Safety (Northern Ireland) Order 1991
6.
The following provisions of the Order shall apply for the purposes of these Regulations and Regulation 2065/2003 as they apply for the purposes of the Order -
Enforcement
7.
Each district council shall enforce and execute these Regulations within its district.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
9th March 2005.
L.S.
Noel McCann
A senior officer of the Department of Health, Social Services and Public Safety
Provision of Regulation 2065/2003 | Subject Matter |
Article 4.2 |
Prohibition on marketing a smoke flavouring not on the list of authorised smoke flavourings, or any food in or on which such a smoke flavouring is present. Prohibition on marketing an authorised smoke flavouring, or any food in or on which a smoke flavouring is present, otherwise than in accordance with any conditions of use laid down in the authorisation. |
Article 5.1 |
Prohibition on using treated wood, unless it can be demonstrated by appropriate certification or documentation that the substance used in treatment does not give rise to potentially toxic substances during combustion. Requirement to be able to demonstrate by documentation or certification that the prohibition described above has been observed. |
Article 5.2 |
Requirement to observe conditions in Annex I during production of primary products. Prohibition on the use of water-insoluble oily phase during production of smoke flavourings. |
Article 9.4 | Requirement that an authorisation holder or any other food business operator using an authorised product, or a derived smoke flavouring produced from an authorised product, shall comply with any conditions or restrictions attached to the authorisation. |
Article 9.5 | Requirement that an authorisation holder inform the Commission of any new scientific or technical information relating to an authorised product, which might influence the assessment of the safety of that authorised product. |
Article 13.1 | Requirement that food business operators ensure that the information specified is transmitted to the receiving food business operator when the product is first placed on the market. |
Article 13.2 | Requirement that following first placing on the market, on each occasion that the product is placed on the market, food business operators placing the products on the market transmit the information specified in Article 13.1 to the receiving food business operators. |
Article 13.3 | Requirement that food business operators have systems and procedures in place to identify from whom they received and to whom they passed on the product. |
[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. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p. 4). 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
[4] O.J. No. L309, 26.11.2003, p. 1back
[5] Whose address in Northern Ireland is 10a-c Clarendon Road, Belfast, BT1 3BGback