Made | 19th December 2005 | ||
Coming into operation | 1st January 2006 |
1. | Citation, commencement and application. |
2. | Interpretation. |
3. | Competent authorities. |
4. | Exchanging and providing information. |
5. | Obtaining information. |
6. | Power to issue codes of recommended practice. |
7. | Monitoring of enforcement action. |
8. | Power to request information relating to enforcement action. |
9. | Power of entry for persons monitoring enforcement action. |
10. | Meaning of "enforcement authority" and related expressions. |
11. | Offences relating to regulations 8 and 9. |
12. | Right of appeal. |
13. | Appeal to County Court against dismissal of appeal under regulation 12(1). |
14. | Staff of competent authority of another member State. |
15. | Commission experts. |
16. | Prohibition on disclosure of trade secrets. |
17. | Execution and enforcement. |
18. | Powers of entry. |
19. | Obstruction etc. of officers. |
20. | Penalties. |
21. | Time limit for prosecutions. |
22. | Interpretation of this Part of these Regulations. |
23. | Feed enforcement responsibilities. |
24. | Food enforcement responsibilities. |
25. | Functions of the Commissioners. |
26. | Deferred execution and enforcement. |
27. | Prohibition on introduction of certain feed and food. |
28. | Checks on products. |
29. | Detention, destruction, special treatment, re-dispatch and other appropriate measures and costs. |
30. | Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries). |
31. | Right of appeal in respect of notices served under regulation 30. |
32. | Appeal to County Court against dismissal of appeal under regulation 31 |
33. | Serious risk to animal or public health. |
34. | Liability for charges. |
35. | Procurement by authorised officers of samples with regard to food. |
36. | Analysis etc. of samples. |
37. | Powers of entry of authorised officers of a district council. |
38. | Obstruction etc. of officers (imports). |
39. | Offences and penalties. |
40. | Time limit for prosecutions (imports). |
41. | Amendments to the General Food Regulations (Northern Ireland) 2004. |
42. | Offences due to fault of another person. |
43. | Defence of due diligence. |
44. | Offences by bodies corporate |
45. | Protection of officers acting in good faith. |
46. | Revocations. |
Schedule 1 — | Definitions of community legislation. |
Schedule 2 — | Definition of relevant feed law. |
Schedule 3 — | Definition of relevant food law. |
Schedule 4 — | Competent authorities for the purposes of certain provisions of regulation 882/2004 in so far as they apply in relation to relevant feed law. |
Schedule 5 — | Competent authorities for the purposes of certain provisions of regulation 882/2004 in so far as they apply in relation to relevant food law. |
Schedule 6 — | Revocations. |
(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Order has the meaning it bears in the Order.
(3) Unless the contrary intention appears, any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004, as the case may be.
(4) The Interpretation Act (Northern Ireland) 1954[11] shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
(2) The competent authority may copy any records made available to it under paragraph (1)(b).
(3) A person who—
is guilty of an offence.
(4) For the purposes of paragraph (1), the term "control body" includes any member, officer or employee of a control body.
Power to issue codes of recommended practice
6.
—(1) For the guidance of district councils, the Department may issue codes of recommended practice as regards—
and any such code shall be laid before the Assembly after being issued.
(2) The Agency may, after consulting the Department, give a district council a direction requiring it to take any specified steps in order to comply with a code issued under this regulation.
(3) In exercise of the functions conferred on them as competent authorities by or under Regulation 882/2004 and in their execution and enforcement of the Import Provisions, each district council—
(4) Any direction under paragraph (2) shall, on the application of the Agency, be enforceable by mandatory order.
(5) The Agency shall consult the Department before making an application under paragraph (4).
(6) Before issuing any code under this regulation, the Department shall have regard to any relevant advice given by the Agency.
Monitoring of enforcement action
7.
—(1) The Agency has the function of monitoring the performance of enforcement authorities in enforcing relevant audit legislation.
(2) That function includes, in particular, setting standards of performance (whether for enforcement authorities generally or for particular authorities) in relation to the enforcement of any relevant audit legislation.
(3) Each annual report of the Agency shall contain a report on its activities during the year in enforcing any relevant audit legislation for which it is the enforcement authority and its performance in respect of—
(4) The Agency may make a report to any other enforcement authority on their performance in enforcing any relevant audit legislation and such a report may include guidance as to action which the Agency considers would improve that performance.
(5) The Agency may direct an authority to which such a report has been made—
(6) Section 19 of the Food Standards Act 1999 shall apply in relation to information obtained through monitoring under this regulation as if it were information obtained through monitoring under section 12 of that Act.
Power to request information relating to enforcement action
8.
—(1) For the purpose of carrying out its function under regulation 7 in relation to any enforcement authority the Agency may require a person mentioned in paragraph (2)—
(2) A requirement under paragraph (1) may be imposed on—
(3) The Agency may copy any records made available to it in pursuance of a requirement under paragraph (1)(b).
Power of entry for persons monitoring enforcement action
9.
—(1) The Agency may authorise any individual (whether a member of its staff or otherwise) to exercise the powers specified in paragraph (4) for the purpose of carrying out its function under regulation 7 in relation to any enforcement authority.
(2) No authorisation under this regulation shall be issued except in pursuance of a decision taken by the Agency itself or by a committee, sub-committee or member of the Agency acting on behalf of the Agency.
(3) An authorisation under this regulation shall be in writing and may be given subject to any limitations or conditions specified in the authorisation (including conditions relating to hygienic precautions to be taken while exercising powers in pursuance of the authorisation).
(4) An authorised person may—
(5) The premises which may be entered by an authorised person are—
(6) The power to enter premises conferred on an authorised person includes power to take with him any other person he may consider appropriate.
(7) An authorised person shall on request—
(8) If a person who enters any premises by virtue of this section discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
(9) Where the Agency is the enforcement authority in relation to relevant audit legislation this regulation applies in relation to the Agency in respect of its performance in enforcing those provisions, with the omission of paragraph (5)(a).
(10) In this regulation "authorised person" means a person authorised under this regulation.
Meaning of "enforcement authority" and related expressions
10.
—(1) In regulations 7 to 9 "relevant audit legislation" means relevant feed law and relevant food law in respect of which the Agency is designated as a competent authority pursuant to paragraphs (1) and (2) respectively of regulation 3 but does not include relevant legislation as defined in section 15 of the Food Standards Act 1999.
(2) In regulations 7 to 9 "enforcement authority" means the authority by whom relevant audit legislation is to be enforced and includes the Agency itself if by virtue of that legislation it is the enforcement authority in relation to it but does not include the European Commission; and "enforcement" in relation to relevant audit legislation includes the execution of any provisions of that legislation.
(3) Any reference in regulations 7 to 9 (however expressed) to the performance of an enforcement authority in enforcing any relevant audit legislation includes a reference to the capacity of that authority to enforce it.
Offences relating to regulations 8 and 9
11.
A person who—
is guilty of an offence.
Right of appeal
12.
—(1) Any person who is aggrieved by a decision of the competent authority taken in respect of an establishment subject to approval under Article 4(2) of Regulation 853/2004 pursuant to—
may appeal to a court of summary jurisdiction.
(2) The procedure on an appeal to a court of summary jurisdiction under paragraph (1) shall be by way of notice under Part VII of the Magistrates Courts (Northern Ireland) Order 1981[14].
(3) The period within which an appeal under paragraph (1) may be brought shall be one month from and including the date on which notice of the decision was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
(4) Where on an appeal under paragraph (1) a court of summary jurisdiction determines that the decision of the competent authority is incorrect, the authority shall give effect to the determination of the court.
(5) Where an approval is refused or withdrawn, the food business operator who, immediately before such refusal or withdrawal, had been using the establishment concerned may continue to use it, subject to any conditions imposed by the competent authority for the protection of public health, unless—
(6) Nothing in paragraph (5) shall permit an establishment to be used for a food business if—
(7) In this Regulation each of the terms "hygiene prohibition order", "hygiene emergency prohibition notice", "hygiene emergency prohibition order" and "remedial action notice" has the same meaning that it bears in the Food Hygiene Regulations (Northern Ireland) 2005.
Appeal to County Court against dismissal of appeal under regulation 12(1)
13.
A person who is aggrieved by the dismissal by a court of summary jurisdiction of an appeal to it under regulation 12(1) may appeal to the County Court.
Staff of competent authority of another member State
14.
An authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation 882/2004.
Commission experts
15.
—(1) When an enforcing officer enters premises for the purposes of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation 882/2004.
(2) In this regulation and in regulation 17 "enforcing officer" means an authorised officer of any authority which is responsible for executing and enforcing official controls for the verification of compliance with relevant feed law and relevant food law.
Prohibition on disclosure of trade secrets
16.
If a person enters any premises by virtue of regulation 14 or 15 and discloses to any person any information obtained on the premises with regard to any trade secret he is, unless the disclosure is made in the performance of his duty, guilty of an offence.
Execution and enforcement
17.
—(1) The authority responsible for executing and enforcing paragraph (3) of regulation 5 shall be the competent authority who imposed the requirement on the control body concerned under paragraph (1) of that regulation.
(2) The authority responsible for executing and enforcing paragraph (8) of regulation 9 and regulation 11 shall be the Agency.
(3) The authority responsible for executing and enforcing regulation 16 shall be the authority whose officer took the person who made the disclosure on to the premises concerned.
(4) The authority responsible for executing and enforcing paragraph (8) of regulation 18 shall be the authority who authorised the person who entered the premises and disclosed the information.
(5) The authority responsible for executing and enforcing regulation 19 shall—
Powers of entry
18.
—(1) An authorised officer of a district council shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—
but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
(2) An authorised officer of the feed authority shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of ascertaining whether there is or has been on the premises any contravention of these Regulations for which that authority has enforcement responsibility pursuant to regulation 17; but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
(3) An authorised officer of the Agency shall, on producing if so required some duly authenticated document showing his authority, have a right at all reasonable hours to enter any premises for the purpose of—
but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hoursí notice of the intended entry has been given to the occupier.
(4) If a lay magistrate, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1), (2) or (3) and either—
the lay magistrate may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
(5) Every warrant granted under this regulation shall continue in force for a period of one month.
(6) An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
(7) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) and, where any such records are stored in any electronic form—
(8) Any officer exercising any power conferred by paragraph (7) may—
(9) If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
(10) Nothing in this regulation authorises any person, except with the permission of the Department of Agriculture and Rural Development under the Diseases of Animals (Northern Ireland) Order 1981[15], to enter any premises—
Obstruction etc. of officers
19.
—(1) Any person who—
shall be guilty of an offence.
(2) Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b)—
shall be guilty of an offence.
(3) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Penalties
20.
—(1) A person guilty of an offence under paragraph (8) of regulation 18 shall be liable—
(2) A person guilty of an offence under paragraph (3) of regulation 5, paragraph (8) of regulation 9, regulation 11 or 16 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) A person guilty of an offence under regulation 19 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions
21.
No prosecution for an offence under this Part of the Regulations which is punishable under paragraph (1) of regulation 20 shall be begun after the expiry of—
whichever is the earlier.
Feed enforcement responsibilities
23.
It shall be the responsibility of the feed authority to execute and enforce the Import Provisions in relation to feed.
Food enforcement responsibilities
24.
It shall be the responsibility of each district council to execute and enforce the Import Provisions in its district in relation to food.
Functions of the Commissioners
25.
The Commissioners shall carry out the functions given to customs services under Article 24 of Regulation 882/2004 in relation to feed and food.
Deferred enforcement and execution
26.
—(1) Where—
(d) a person importing the product gives that authorised officer an undertaking in writing as to the matters specified in paragraph (2),
the enforcement authority for the place in which the destination is located, if in Northern Ireland, shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives there.
(2) The undertaking shall—
(3) Where an authorised officer of an enforcement authority issues an authorisation pursuant to paragraph (1)(c), he shall—
(b) send the relevant authority a copy of any undertaking given pursuant to paragraph (1)(d).
(4) Where a product has been sent to a destination in Northern Ireland from another part of the United Kingdom, the Channel Islands or the Isle of Man and examination of that product has been deferred under legislation with respect to imported products in force there, the enforcement authority for the place of destination shall become responsible for enforcing and executing the Import Provisions with respect to that product once it arrives in Northern Ireland.
(5) No person shall breach an undertaking given under paragraph 1(d).
Prohibition on introduction of certain feed and food
27.
—(1) No person shall—
(2) No person shall—
(b) introduce into Northern Ireland from elsewhere in the relevant territories specified food originating in a third country which fails to comply with—
(3) In this regulation—
Checks on products
28.
—(1) The person responsible for introducing any product into Northern Ireland shall permit an authorised officer of an enforcement authority to carry out checks in relation to the product pursuant to Article 16 of Regulation 882/2004.
(2) When an authorised officer is carrying out checks in relation to the product pursuant to Article 16 of Regulation 882/2004, the person introducing the product shall provide the facilities and assistance which the authorised officer reasonably requires to carry them out.
(3) When an authorised officer of an enforcement authority is carrying out an identity check or a physical check on a product in accordance with Article 16 of Regulation 882/2004 he shall be entitled to require that the check takes place at a specified place.
Detention, destruction, special treatment, re-dispatch and other appropriate measures and costs
29.
—(1) An enforcement authority shall have the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation 882/2004 if the conditions set out in those Articles are fulfilled.
(2) The enforcement authority shall be the competent authority for the purposes of Article 22 of Regulation 882/2004.
Notices pursuant to Article 19 of Regulation 882/2004 (imports of feed and food from third countries)
30.
—(1) If an authorised officer of an enforcement authority wishes to take any of the measures referred to in Article 19(1)(a) and (b) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it after he has heard that feed or food business operator as provided in Article 19.
(2) If an authorised officer of an enforcement authority wishes to exercise any of the powers referred to in Article 19(2) of Regulation 882/2004 in respect of feed or food he shall serve a notice to that effect on the feed or food business operator, as the case may be, responsible for it.
Right of appeal in respect of notices served under regulation 30
31.
—(1) Any person who is aggrieved by a decision of an authorised officer of an enforcement authority to serve a notice under regulation 30 may appeal to a court of summary jurisdiction.
(2) The procedure on an appeal to a court of summary jurisdiction under paragraph (1) shall be by way of notice under Part VII of the Magistrates Courts (Northern Ireland) Order 1981[18].
(3) The period within which an appeal under paragraph (1) may be brought shall be one month from and including the date on which notice was served on the person desiring to appeal and the making of a complaint for an order shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
(4) Where on an appeal under paragraph (1) a court of summary jurisdiction determines that the decision of the authorised officer of the enforcement authority is incorrect, the authority shall give effect to the determination of the court.
Appeal to County Court against dismissal of appeal under regulation 31
32.
A person who is aggrieved by the dismissal by a court of summary jurisdiction of an appeal to it under regulation 31(1) may appeal to the County Court.
Serious risk to animal or public health
33.
—(1) Where the Department of Agriculture and Rural Development or the Agency learns, or has reasonable grounds to suspect that food or feed that has been or may be introduced into Northern Ireland from a third country is likely to constitute a serious risk to animal or public health, it may by written declaration suspend, or impose conditions on, the introduction into Northern Ireland of any product from the whole or any part of that third country.
(2) Such a declaration shall be published in such manner as the Department of Agriculture and Rural Development or the Agency, as the case may be, thinks fit and shall specify the products and the third country or part thereof concerned.
(3) A declaration which imposes conditions on the introduction of any product from a third country or part thereof shall specify those conditions.
(4) Where a declaration is in force suspending the introduction of any product, no person shall introduce that product into Northern Ireland if it originates in the third country or part thereof specified in the declaration.
(5) Where a declaration is in force imposing conditions on the introduction of any product, no person shall introduce that product into Northern Ireland if it originates in the third country or part thereof specified in the declaration unless the product complies with conditions specified in the declaration.
(6) A declaration may be modified, suspended or revoked by a further written declaration published, so far as is practicable, in the same manner and to the same extent as the original declaration.
Liability for charges
34.
—(1) The enforcement authority shall notify the person responsible for a consignment of the charge falling to be paid for the controls carried out on it by the authority.
(2) Any charge notified to a person by the enforcement authority under paragraph (1) shall be payable by that person to the enforcement authority on demand.
(3) The charge referred to in paragraph (1) is the aggregate of the costs incurred in relation to the consignment by the enforcement authority acting as the competent authority for the purposes of Article 22 of Regulation 882/2004 by virtue of regulation 29(2).
Procurement by authorised officers of samples with regard to food
35.
An authorised officer of a district council may, for the purposes of the execution and enforcement by that authority of the Import Provisions—
(c) take a sample from any food source, or a sample of any contact material, which is found by him on or in any such premises; and
(d) take a sample of any article or substance which is found by him on or in any such premises and which he has reason to believe may be required as evidence in proceedings under any of the provisions of the Import Provisions.
Analysis etc. of samples
36.
—(1) An authorised officer of a district council who has procured a sample under regulation 35 shall—
(2) A person, other than such an officer, who has purchased any food, or any substance capable of being used in the preparation of food, may submit a sample of it—
(3) If, in any case where a sample is proposed to be submitted for analysis under this regulation, the office of public analyst for the district in question is vacant, the sample shall be submitted to the public analyst for some other district.
(4) If, in any case where a sample is proposed to be or is submitted for analysis or examination under this regulation, the food analyst or examiner determines that he is for any reason unable to perform the analysis or examination, the sample shall be submitted or, as the case may be, sent by him to such other food analyst or examiner as he may determine.
(5) A food analyst or examiner shall analyse or examine as soon as practicable any sample submitted or sent to him under this regulation, but may, except where—
demand in advance the payment of such reasonable fee as he may require.
(6) Any food analyst or examiner who has analysed or examined a sample shall give to the person by whom it was submitted a certificate specifying the result of the analysis or examination.
(7) Any certificate given by a food analyst or examiner under paragraph (6) shall be signed by him, but the analysis or examination may be made by any person acting under his direction.
(8) In any proceedings under the Import Provisions, the production by one of the parties—
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the food analyst or examiner shall be called as a witness.
(9) Any reference in this regulation to a public analyst for a given district shall, where two or more public analysts have been appointed for that district, be construed as a reference to either or any of them.
(10) The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991[19] shall apply to a sample procured by an authorised officer of a district council under regulation 35 as if it were a sample procured by an authorised officer under Article 29 of the Order.
(11) The certificate given by a food analyst or examiner under paragraph (6) shall be in the form set out in Schedule 3 to the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991.
Powers of entry of authorised officers of a district council
37.
—(1) An authorised officer of a district council shall, on producing, if so required, some duly authenticated document showing his authority, have a right at all reasonable hours—
but admission to any premises used only as a private dwelling-house shall not be demanded as of right unless 24 hours' notice of the intended entry has been given to the occupier.
(2) If a lay magistrate, on sworn information in writing, is satisfied that there is reasonable ground for entry onto any premises for any such purpose as is mentioned in paragraph (1) and either—
the lay magistrate may by warrant signed by him authorise the authorised officer to enter the premises, if need be by reasonable force.
(3) Every warrant granted under this regulation shall continue in force for a period of one month.
(4) An authorised officer entering any premises by virtue of this regulation, or of a warrant issued under it, may take with him such other persons as he considers necessary, and on leaving any unoccupied premises which he has entered by virtue of such a warrant shall leave them as effectively secured against unauthorised entry as he found them.
(5) An authorised officer entering premises by virtue of this regulation, or of a warrant issued under it, may inspect any records (in whatever form they are held) relating to a food business and, where any such records are stored in any electronic form—
(6) Any officer exercising any power conferred by paragraph (5) may—
(7) If any person who enters any premises by virtue of this regulation, or of a warrant issued under it, discloses to any person any information obtained by him on the premises with regard to any trade secret, he shall, unless the disclosure was made in the performance of his duty, be guilty of an offence.
(8) Nothing in this regulation authorises any person, except with the permission of the Department of Agriculture and Rural Development under the Diseases of Animals (Northern Ireland) Order 1981[20], to enter any premises—
Obstruction etc. of officers (imports)
38.
—(1) Any person who—
shall be guilty of an offence.
(2) Any person who, in purported compliance with any such requirement as is mentioned in paragraph (1)(b)—
shall be guilty of an offence.
(3) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.
Offences and penalties
39.
—(1) Any person who—
shall be guilty of an offence.
(2) Subject to paragraph (3), a person guilty of an offence under this Part of these Regulations shall be liable—
(3) A person guilty of an offence under regulation 38 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Time limit for prosecutions (imports)
40.
No prosecution for an offence under this Part of these Regulations which is punishable under regulation 39(2) shall be begun after the expiry of—
whichever is the earlier.
(3) For paragraph (2)(a) of regulation 5 (punishment of offences) there shall be substituted the following provision—
(4) For paragraph (1) of regulation 6 (enforcement) there shall be substituted the following paragraph—
(5) Immediately after regulation 6 (enforcement) there shall be inserted the following regulation—
he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.
Offences by bodies corporate
44.
—(1) Where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) In paragraph (1)(a) "director", in relation to any body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.
Protection of officers acting in good faith
45.
—(1) An officer of a relevant body is not personally liable in respect of any act done by him—
if he did that act in the honest belief that his duty under the Official Controls Regulations required or entitled him to do it.
(2) Nothing in paragraph (1) shall be construed as relieving any relevant body of any liability in respect of the acts of their officers.
(3) Where an action has been brought against an officer of a relevant body in respect of an act done by him—
the body may indemnify him against the whole or a part of any damages which he has been ordered to pay or any costs which he may have incurred if they are satisfied that he honestly believed that the act complained of was within the scope of his employment.
(4) In so far as a district council is a relevant body for the purposes of this regulation, public analyst appointed by a district council shall be treated for the purposes of section 48 of the Local Government Act (Northern Ireland) 1972[22] as being an officer of the council, whether or not his appointment is a whole-time one.
(5) In this regulation "relevant body" means a body acting as—
Revocations
46.
The rules specified in Column 1 of Schedule 6 are revoked to the extent specified in Column 3 of that Part.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on
19th December 2005.
L.S.
Deirdre Kenny
A senior officer of the Department of Health, Social Services and Public Safety
(b) food law in so far as it applies in relation to materials and articles in contact with food except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 1988[45]; and
(c) food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene Regulations (Northern Ireland) 2005[46].
Column 1 | Column 2 |
Competent authority | Provisions of Regulation 882/2004 |
The Agency | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54 |
The feed authority | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54 |
Column 1 | Column 2 |
Competent authority | Provisions of Regulation 882/2004 |
The Agency | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31(1) and (2), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54 |
District councils | Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54 |
Column 1 | Column 2 | Column 3 |
Rules | Reference | Extent of revocation |
The Arsenic in Food Regulations (NI) 1961 | S.R. 1961 No. 98 | Regulation 7(a) |
The Mineral Hydrocarbons in Food Regulations (NI) 1966 | S.R. 1966 No. 200 | Regulation 8(a) |
The Erucic Acid in Food Regulations (NI) 1977 | S.R. 1977 No. 135 | Regulation 6(a) |
The Chloroform in Food Regulations (NI) 1980 | S.R. 1980 No. 75 | Regulation 7(a) |
The Caseins and Caseinates Regulations (NI) 1986 | S.R. 1986 No. 40 | Regulation 10(a) |
The Food (Control of Irradiation) Regulations (Northern Ireland)1992 | S.R. 1992 No. 172 | Regulation 8 |
The Food Safety (Exports) Regulations (NI) 1991 | S.R. 1991 No. 344 | The whole Regulations |
The Imported Food Regulations (NI) 1991 | S.R. 1991 No. 475 | The whole Regulations |
The Flavourings in Food Regulations (NI) 1992 | S.R. 1992 No. 416 | Regulation 7 |
The Food Additives Labelling Regulations (NI) 1992 | S.R. 1992 No. 417 | Regulation 5 |
The Extraction of Solvents in Food Regulations (NI) 1993 | S.R. 1993 No. 330 | Regulation 5 |
The Infant Formula and Follow-on Formula Regulations (NI) 1995 | S.R. 1995 No. 85 | Regulations 3(2) and (5) |
The Sweeteners in Food Regulations (NI) 1996 | S.R. 1996 No. 48 | Regulation 8 |
The Colours in Food Regulations (NI) 1996 | S.R. 1996 No. 49 | Regulation 10 |
The Miscellaneous Food Additives Regulations (NI) 1996 | S.R. 1996 No. 50 | Regulation 8 |
The Food Labelling Regulations (NI) 1996 | S.R. 1996 No. 383 | Regulation 47 |
The Foods Intended for Use in Energy Restricted Diets for Weight Reduction Regulations (NI) 1997 | S.R. 1997 No. 450 | Regulation 8 |
The Imported Food Regulations (NI) 1997 | S.R. 1997 No. 499 | The whole Regulations |
The Bread and Flour Regulations (NI) 1998 | S.R. 1998 No. 24 | Regulation 9 |
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (NI) 1998 | S.R. 1998 No. 237 | Regulation 29 |
The Plastic Materials and Articles in Contact with Food Regulations (NI) 1998 | S.R. 1998 No. 264 | Regulation 3(2) |
The Drinking Milk Regulations (NI) 1998 | S.R. 1998 No. 359 | Regulation 7 |
The Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (NI) 1999 | S.R. 1999 No. 301 | Regulation 18(1) and (3) |
The Spreadable Fats (Marketing Standards) Regulations (NI) 1999 | S.R. 1999 No. 383 | Regulation 7 |
The Medical Food Regulations (NI) 2000 | S.R. 2000 No. 187 | Regulation 6 |
The Coffee Extracts and Chicory Extracts Regulations (NI) 2001 | S.R. 2001 No. 45 | Regulation 9 |
The Food For Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (NI) 2002 | S.R. 2002 No. 264 | Regulation 8 |
The Food Supplements Regulations (NI) 2003 | S.R. 2003 No. 273 | Regulation 10 |
The Condensed Milk and Dried Milk Regulations (NI) 2003 | S.R. 2003 No. 300 | Regulation 8 |
The Specified Sugar Products Regulations (NI) 2003 | S.R. 2003 No. 301 | Regulation 8 |
The Fruit Juices and Fruit Nectars Regulations (NI) 2003 | S.R. 2003 No. 305 | Regulation 8 |
The Cocoa and Chocolate Products Regulations (NI) 2003 | S.R. 2003 No. 313 | Regulation 9 |
The Honey Regulations (NI) 2003 | S.R. 2003 No. 383 | Regulation 8 |
The Jam and Similar Products Regulations (NI) 2003 | S.R. 2003 No. 519 | Regulation 8 |
The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (NI) 2003 | S.R. 2003 No. 530 | Regulation 11 |
The Meat Products Regulations (NI) 2004 | S.R. 2004 No. 13 | Regulation 10(b) |
The Contaminants in Food Regulations (NI) 2004 | S.R. 2004 No. 487 | Regulation 6 |
The Food with Added Phytosterols or Phytostanols (Labelling) Regulations (NI) 2004 | S.R. 2004 No. 515 | Regulation 9 |
The Materials and Articles in Contact with Food Regulations (NI) 2005 | S.R. 2005 No. 210 | Regulation 10(3) |
is guilty of an offence (regulation 5);
(d) enable the Department to issue codes of recommended practice to district councils (regulation 6);
(e) give the Food Standards Agency the function of monitoring the performance of enforcement authorities in enforcing certain legislation (regulation 7);
(f) give the Food Standards Agency the power, for the purpose of carrying out the function referred to in sub-paragraph (e) of this paragraph—
(g) define certain terms used in regulations 7 to 9 (regulation 10);
(h) provide that a person who—
is guilty of an offence (regulation 11);
(i) provide a right of appeal in respect of a decision of the competent authority concerning the approval of certain establishments taken under Article 31 of Regulation (EC) No. 882/2004 (regulations 12 and 13);
(j) provide that an authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation (EC) No. 882/2004 (regulation 14);
(k) provide that when an "enforcing officer", defined in regulation 15(2) thereof, enters premises for the purpose of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation (EC) No. 882/2004 (regulation 15);
(l) provide that a person who enters premises under the powers referred to in sub-paragraph (j) or (k) of this paragraph and discloses any information obtained on the premises with regard to any trade secret is guilty of an offence unless he does so in the performance of his duty (regulation 16);
(m) specify the authorities (relevant enforcement authorities: "relevant enforcement authority" is defined in regulation 2(1)) that are responsible for executing and enforcing regulations 5(3), 9(8), 11, 16, 18(8) and 19 (regulation 17);
(n) give powers of entry to authorised officers of the authorities referred to in sub-paragraph (m) of this paragraph (regulation 18);
(o) create the offence of obstructing an officer acting in the execution of regulation 14, 15 or 18 (regulation 19);
(p) provide penalties for offences under Part 2 of these Regulations (regulation 20);
(q) provide a time limit for bringing prosecutions for offences under that Part (regulation 21);
(r) make provision for the execution and enforcement of Part 3 of these Regulations and Articles 15 to 24 of Regulation (EC) No. 882/2004, together defined in regulation 2(1) as "the Import Provisions" (regulations 23 and 24);
(s) provide that the Commissioners for Her Majesty's Revenue and Customs are to carry out the functions given to customs services under Article 24 of Regulation (EC) No. 882/2004 (regulation 25);
(t) make provision for the execution and enforcement of the Import Provisions to be deferred until a product reaches its destination (regulation 26);
(u) in light of Article 11 of Regulation (EC) No. 178/2002 as read with Article 10 of Regulation (EC) No. 852/2004 (as described in paragraph 2) prohibit the introduction into Northern Ireland of certain feed and food unless specified conditions are met (regulation 27);
(v) provide for the checking of products that are introduced into Northern Ireland (regulation 28);
(w) provide that an enforcement authority, first, has the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation (EC) No. 882/2004 and, second, is the competent authority for the purposes of Article 22 of that Regulation (regulation 29);
(x) provide for the service of notices by an authorised officer of an enforcement authority when he wishes to take certain measures or exercise certain powers under Article 19 of Regulation (EC) No. 882/2004 (imports of feed and food from third countries) (regulation 30);
(y) provide a right of appeal in respect of the service of notices under regulation 30 (regulations 31 and 32);
(z) enable the Department of Agriculture and Rural Development or the Agency by written declaration to suspend, or impose conditions on, the introduction into Northern Ireland of any product from a third country where it learns or reasonably suspects that any food or feed that has been or may be introduced into Northern Ireland from that third country is likely to constitute a serious risk to animal or public health (regulation 33);
(aa) provide for charges to be payable in relation to controls carried out on consignments (regulation 34);
(bb) provide for the procurement and analysis of samples of food for the purposes of the execution and enforcement of "the Import Provisions" (regulations 35 and 36);
(cc) provide powers of entry for authorised officers of district councils in relation to the execution and enforcement of the Import Provisions (regulation 37);
(dd) create the offence of obstructing an officer acting in the execution of the Import Provisions (regulation 38);
(ee) create offences consisting of contravening specified regulations and failing to comply with a notice served under the Import Provisions and provide penalties for offences under Part 3 of these Regulations (regulation 39);
(ff) provide a time limit for bringing prosecutions for offences under Part 3 of these Regulations (regulation 40);
(gg) amend the General Food Regulations (Northern Ireland) 2004 as described in paragraph 3 (regulation 41);
(hh) provide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 42);
(ii) provide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 43);
(jj) provide that where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such he as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 44);
(kk) provide for the protection of officers acting in good faith (regulation 45); and
(ll) provide for the revocation of specified rules to the extent specified (regulation 46).
[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. 28, paragraph 2 of Article 2 (regarding the definition of "food") was substituted by S.R. 2004 No. 482back
[5] S.I. 1972/1811, amended by S.I. 2002/794back
[7] 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)back
[8] O.J. No. L245, 29.9.2003, p. 4back
[10] 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
[15] 1981 No. 1115 (N.I. 22)back
[16] O.J. No. L268, 18.10.2003, p. 9back
[17] O.J. No. L121, 8.5.2002, p. 6back
[19] S.R. 1991 No. 198, to which there are amendments not relevant to these Regulationsback
[20] 1981 No. 1115 (N.I. 22)back
[23] O.J. No. L157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (O.J. No. L195, 2.6.2004, p. 12)back
[24] O.J. No. L139, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 3)back
[25] O.J. No. L139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 22)back
[26] O.J. No. L165, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J. No. L191, 28.5.2004, p. 1)back
[27] O.J. No. L271, 15.10.2005, p. 17back
[29] S.R. 1999 No. 296 as amended by S.R. 2001 No. 209, S.R. 2002 No. 263, S.R. 2003 No. 287, S.R. 2004 Nos. 345 and 443back
[30] S.R. 2001 No. 47 as amended by S.R. 2001 Nos. 209 and 428, S.R. 2002 No. 263, S.R. 2003 Nos. 219, 287, 306 and 475 and S.R. 2004 No. 215back
[36] S.R. 2002 No. 20 as last amended by S.R. 2005 No. 401back
[37] O.J. No. L208, 24.7.92, p. 1back
[38] O.J. No. L236, 23.9.2003, p. 33back
[39] O.J. No. L208, 24.7.92, p. 9back
[43] S.R. 1998 No. 45, amended by S.R. 1999 No. 193, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. 2000 No. 287, S.R. 2001 No. 226, S.R. 2001 No. 242, S.R. 2001 No. 429, S.R. 2004 No. 7 and S.R. 2004 No. 464back