The Food Safety(Northern Ireland) Order 1991

Enforcement of this Order

26.—(1) The provisions of this Order shall be enforced and executed—

(a) except as provided by sub-paragraphs (b) and (c) and by Article 12(8), in the case of all foods, by each district council within its district;

(b) in the case of imported milk or milk in liquid milk plants or dairy farms, by the Department of Agriculture;

(c) in the case of—

(i) the control on residues in meat or milk of veterinary drugs and such other substances as may be specified in an order;

(ii) the use of novel processes or treatments in the preparation of food;

(iii) novel foods, genetically modified food sources, food sources from which novel foods are intended to be derived or foods derived from genetically modified food sources;

by each district council within its district and the Department of Agriculture.

(2) The Department may direct, in relation to cases of a particular description or a particular case, that any duty imposed on district councils by paragraph (1) shall be discharged by the Department and not by those councils.

(3) Regulations or orders shall specify which authorities are to enforce and execute them, either generally or in relation to cases of a particular description or a particular area, and any such regulations or orders may provide for the giving of assistance and information, by any authority concerned in the administration of the regulations or orders, or of any provisions of this Order, to any other authority so concerned, for the purposes of their respective duties under them.

(4) The Department may take over the conduct of any such proceedings which have been instituted by a district council.

(5) Any environmental health officer appointed by a district council in exercise of its powers under section 41 of the Local Government Act (Northern Ireland) 1972(1) shall be deemed to be an authorised officer of that council for the purposes of this Order.

(1)

1972 c. 9 (N.I.)