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STATUTORY INSTRUMENTS

2007 No. 191
FOOD, ENGLAND
The Quick-frozen Foodstuffs (England) Regulations 2007

	Made	20th January 2007
	Laid before Parliament	2nd February 2007
	Coming into force	1st March 2007

The Secretary of State makes the following Regulations in exercise of the powers conferred on her by section 2(2) of the European Communities Act 1972[1].

     The Secretary of State has been designated for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food[2].

     As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[3] there has been open and transparent public consultation during the preparation of the following Regulations.

Title, commencement and application
     1. These Regulations—

^s

^t

Interpretation
2. —(1) In these Regulations-

"the Act" means the Food Safety Act 1990[

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"authorised officer" in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under these Regulations;

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"enforcement authority" means the authority which, by virtue of regulation 9(5), is responsible for executing and enforcing these Regulations;

"food" has the meaning that it bears in Regulation 178/2002;

"food authority" has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);

"local distribution", in relation to any product, means that part of the distribution chain in which the product is delivered to the point of placing on the market for retail purposes (such placing on the market to include placing on the market to a catering establishment);

"placing on the market" has the meaning that it bears in Regulation 178/2002 and "placed on the market" and "place on the market" shall be construed accordingly;

"prepackaging" shall be construed in accordance with the definition of "prepacked" in the Food Labelling Regulations 1996 but with the words "placed on the market" being substituted for the words "offered for sale";

"quick-frozen foodstuff" means a product–

but does not include ice-cream or any other edible ice;

"Regulation 178/2002" means Regulation (EC) No. 178/2002 of the European Parliament and the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety;

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"retail display cabinet" means any cabinet from which a quick-frozen foodstuff is placed on the market for retail purposes or in the course of a cash-and-carry business;

"specified Community provision" means any provision of Regulation 37/2005 that is specified in column 1 of Schedule 1 and whose subject-matter is described in column 2 of that Schedule; and

"ultimate consumer" has the meaning that it bears in the Food Labelling Regulations 1996.

(2) Unless the context otherwise requires, any expression used both in these Regulations and in Directive 89/108, Directive 92/2 or Regulation 37/2005 has the meaning that it bears in Directive 89/108, Directive 92/2 or Regulation 37/2005, as the case may be.

(3) Where any functions under the Act are assigned—

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10

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any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

Placing on the market of quick-frozen foodstuffs
3. No person shall place a quick-frozen foodstuff on the market for human consumption unless the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.

Packaging of quick-frozen foodstuffs intended for the ultimate consumer
4. No person shall place any quick-frozen foodstuff intended for the ultimate consumer on the market unless—

(a) it has been packed by its manufacturer or packer in such prepackaging as is suitable to protect it from microbial and other forms of external contamination and against dehydration; and

(b) the quick-frozen foodstuff has remained in such prepackaging up to the time of placing on the market.

Marking or labelling of quick-frozen foodstuffs
5. —(1) No person shall place on the market any food intended for the ultimate consumer or any catering establishment where its marking or labelling contravenes paragraph (2) or (3) and no person shall place on the market any food intended for any other person where its marking or labelling contravenes paragraph (2) or (4).

(2) The description "quick-frozen" or any other description listed in Article 8.1(a) of Directive 89/108 shall only be used in the labelling for the purpose of the placing on the market of—

(a) a quick-frozen foodstuff; or

(b) a food which by virtue of that labelling becomes a quick-frozen foodstuff.

(3) A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description "quick-frozen" (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-

(a) an indication of the date of minimum durability;

(b) an indication of the maximum period during which it is advisable to store it;

(c) an indication of-

it is advisable to store it;

(d) a reference allowing identification of the batch to which it belongs; and

(e) a clear message of the type "do not refreeze after defrosting".

(4) Any other quick-frozen foodstuff shall, in addition to the description "quick-frozen" (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-

(a) a reference allowing identification of the batch to which it belongs; and

(b) the name or business name and address of the manufacturer or packer, or of a person established within the European Community who places that foodstuff on the market.

Equipment
     6. Each food operator handling a quick-frozen foodstuff intended for placing on the market for human consumption shall ensure during each stage during which it is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause the placing on the market of the foodstuff for human consumption to contravene these Regulations.

Sampling and method of measuring temperatures
     7. Where, further to an inspection, an authorised officer of an enforcement authority has reasonable grounds to believe that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraph 1(e) and (f) of Schedule 2, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Directive 92/2.

Records
     8. Each food operator handling a quick-frozen foodstuff shall at the request of an authorised officer of an enforcement authority make records required to be kept under Article 2 of Regulation 37/2005 available to that or another authorised officer of that authority.

Offences, penalties and enforcement
     9. —(1) If any person contravenes or fails to comply with regulation 3, 4, 5(1), 6 or 8 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) Subject to paragraphs (3) and (4), if any person contravenes or fails to comply with a specified Community provision 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.

    (3) A person shall be considered not to have contravened or failed to comply with the first paragraph of Article 2.2 of Regulation 37/2005 if the requirements of Schedule 3 are complied with.

    (4) A person shall be considered not to have contravened or failed to comply with any provision of Article 2 of Regulation 37/2005 if—

(a) the offence which would otherwise have been committed was in respect of a cold store facility with a capacity of less than 10m³ used for storing stock in retail outlets; and

(b) the air temperature in the cold store is measured by an easily visible thermometer.

(5) Each food authority shall execute and enforce these Regulations within its area.

Application of various provisions of the Food Safety Act 1990
10. The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or a Part of it shall be construed as a reference to these Regulations—

(a) section 3 (presumptions that food intended for human consumption);

(b) section 20 (offences due to fault of another person);

(c) section 21 (defence of due diligence)[

Revocation
11. In so far as they apply in relation to England, the Quick-frozen Foodstuffs Regulations 1990[16] are revoked.

Signed by authority of the Secretary of State for Health

Caroline Flint
Minister of State, Department of Health

20th January 2007

SCHEDULE 1Regulations 2 and 9(2)

SPECIFIED COMMUNITY PROVISIONS

1. Provision of Regulation 37/2005	2. Subject-matter

Article 2.1	Requirement that the means of transport, warehousing and storage of quick-frozen foodstuffs shall be fitted with suitable recording instruments to monitor, at frequent and regular intervals, the air temperature to which the quick-frozen foodstuffs are subjected.
Article 2.2 - first sentence of first paragraph	Requirement that all measuring instruments described in Article 2.1 of Regulation 37/2005 shall comply with EN 12830, EN 13485 and EN 13486 standards.
Article 2.2 – second sentence of first paragraph	Requirement that food operators keep all relevant documents verifying that the measuring instruments conform to the relevant EN standard.
Article 2.3	Requirement that temperature recording shall be dated and stored by the food operator for a period of at least a year, or for longer taking into account the nature and shelf life of the quick-frozen foodstuffs.
Article 3.1 – first paragraph	Requirement that during storage in retail display cabinets, or in the course of local distribution, the air temperature shall only be measured by at least one easily visible thermometer.
Article 3.1 – second paragraph (a) and (b)	Requirement that in open retail cabinets the maximum load line of the cabinet shall be clearly marked and the thermometer shall indicate the temperature at the air return side at the level of that mark.

SCHEDULE 2Regulations 3 and 7

Conditions that have to be satisfied in relation to a quick-frozen foodstuff if it is to be placed on the market for human consumption

1. The conditions are that—

2. For the purposes of paragraph 1—

(b) a permitted exception relating to the temperature of a food applies when—

SCHEDULE 3Regulation 9(3)

TRANSITITONAL REQUIREMENTS FOR MEASURING INSTRUMENTS INSTALLED BEFORE 1st JANUARY 2006

Application
     1. This Schedule applies only in respect of measuring instruments used for the purpose of monitoring the temperature as provided for in Article 2.1 of Regulation 37/2005 that were installed before 1st January 2006.

     2. This Schedule will cease to have effect on 1st January 2010.

Requirements
     3. The requirements are that —

the instrument shall be a system for monitoring air temperatures that-

(f) in respect of a vehicle registered outside the United Kingdom, the instrument shall be an instrument which has been approved by the competent authority in the country in which the vehicle is registered; and

(g) in respect of means of transport when being used in the course of local distribution, the instrument shall be one or more thermometers so placed as to be easily visible.

EXPLANATORY NOTE

(This note is not part of the Order)

1. These Regulations apply in relation to England only. They revoke and re-enact in relation to England the Quick-frozen Foodstuffs Regulations 1990 (S.I. 1990/2615, as amended), which extend to the whole of Great Britain. In addition to continuing the implementation of the Directives specified in paragraph 3 below, these Regulations now also provide for the execution and enforcement of Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption (OJ No. L10, 13.1.2005, p.18).

2. These Regulations-

9(1));

(regulation 9(2), (3) and (4));

(regulation 9(5));

(regulation 10).

3. The Directives implemented by S.I. 1990/2615 that these Regulations continue to implement are—

(a) Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption[

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4. A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Labelling, Standards and Allergy Division, Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH, and is annexed to the Explanatory Memorandum which is available alongside the instrument on the OSPI website.

Notes:

[1] 1972 c.68.back

[2] S.I. 2003/2901.back

[3] OJ No. L31, 1.2.2002, p.1, as last amended as at the making of this instrument by Commission Regulation (EC) No. 575/2006 amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3).back

[4] 1990 c.16.back

[5] S.I. 1996/1499, to which there are amendments not relevant to these Regulations.back

[6] OJ No. L40, 11.2.89, p.34, as last amended as at the making of this instrument by Council Directive 2006/107/EC adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania (OJ No. L363, 20.12.2006, p.411).back

[7] OJ No. L34, 11.2.92, p.30.back

[8] OJ No. L10, 13.1.2005, p.18.back

[9] 1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c.16).back

[10] 1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.back

[11] 1985 c.51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.back

[12] Section 21 was amended by S.I. 2004/3279.back