The Food Safety (Northern Ireland) Order 1991 No. 762 (NI. 7)

PART I N.I. INTRODUCTORY

Title and commencement N.I.

1.—(1) This Order may be cited as the Food Safety (Northern Ireland) Order 1991.

(2) Subject to paragraph (3), this Order shall come into operation on such day or days as the Head of the Department may by order appointF1 .

(3) This Article and Articles 2 and 12 shall come into operation on the expiration of 2 months from the day on which the Order is made.

(4) An order under paragraph (2) may contain such transitional and supplementary provisions as appear to the Head of the Department to be necessary or expedient.

F1 fully exercised by SR 1991/175

Interpretation N.I.

2.—(1) The Interpretation Act (Northern Ireland) 1954F2 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

(2) In this Order—

• “advertisement” includes any notice, circular, label, wrapper, invoice or other document, and any public announcement made orally or by any means of producing or transmitting light or sound;

• “analysis” includes microbiological assay and any technique for establishing the composition of food;

• “animal” means any creature other than a bird or fish;

• “article” does not include a live animal or bird, or a live fish which is not used for human consumption while it is alive;

• “authorised officer” means—

  (a)

  in the case of functions conferred on a district council,F3 . . . a person who is generally or specially authorised in writing by that council for the purposes of this Order;

  (b)

  in the case of functions conferred on the Department of Agriculture, a person who is generally or specially authorised in writing by that Department for the purposes of this Order;

  (bb)

  [F4 in the case of functions conferred on the Food Standards Agency, a person who is generally or is specially authorised in writing by the Food Standards Agency for the purpose of this Order;]

  (c)

  [F3 in the case of duties imposed on[F4 the Department, the Department of Agriculture or the Food Standards Agency] by virtue of a direction under Article 26(2), a person who is generally or specially authorised in writing by[F4 the Department, the Department of Agriculture or the Food Standards Agency] for the purposes of that direction;]

• “business” includes the undertaking of a canteen, club, school, hospital or institution, whether carried on for profit or not, and any undertaking or activity carried on by a district council or other public authority;

• “commercial operation”, in relation to any food or contact material, means any of the following, namely—

  (a)

  selling, possessing for sale and offering, exposing or advertising for sale;

  (b)

  consigning, delivering or serving by way of sale;

  (c)

  preparing for sale or presenting, labelling or wrapping for the purpose of sale;

  (d)

  storing or transporting for the purpose of sale;

  (e)

  importing and exporting;

  and, in relation to any food source, means deriving food from it for the purpose of sale or for purposes connected with sale;

• “contact material” means any article or substance which is intended to come into contact with food;

• “container” includes any basket, pail, tray, package or receptacle of any kind, whether open or closed;

• “cream” means that part of milk rich in fat which has been separated by skimming or otherwise;

• Definition rep. by 1996 NI 12

• “the Department ” means the Department of Health and Social Services;

• Definition rep. by 1999 c.28

• “description”, in relation to food, includes any description of its origin or of the manner in which it is packed;

• “equipment” includes any apparatus;

• “examination” means microbiological examination;

• “exportation” and “importation” have the same meanings as they have for the purposes of the Customs and Excise Management Act 1979F5 ;

• “fish” includes crustaceans and molluscs;

• [F6 “food” has the same meaning as it has in Regulation (EC) No. 178/2002.]

• “food business” means any business in the course of which commercial operations with respect to food or food sources are carried out;

• “food premises” means any premises used for the purposes of a food business;

• “food source” means any growing crop or live animal, bird or fish from which food is intended to be derived (whether by harvesting, slaughtering, milking, collecting eggs or otherwise);

• “human consumption” includes use in the preparation of food for human consumption;

• Definition rep. by 1996 NI 12

• “milk” includes cream and skimmed or separated milk;

• Definition rep. by 1996 NI 12

• “occupier”, in relation to any ship or aircraft of a description specified in an order or any vehicle, stall or place, means the master, commander or other person in charge of the ship, aircraft, vehicle, stall or place;

• “officer” includes servant;

• “order”, except in Article 1(2), means an order made by[F4 the Department] subject to negative resolution;

• “premises” includes any place, any vehicle, stall or moveable structure and, for such purposes as may be specified in an order, any ship or aircraft of a description so specified;

• “preparation”, in relation to food, includes manufacture and any form of processing or treatment, and “preparation for sale” includes, subject to paragraph (3), packaging;

• “presentation”, in relation to food, includes the shape, appearance and packaging of the food, the way in which the food is arranged when it is exposed for sale and the setting in which the food is displayed with a view to sale, but does not include any form of labelling or advertising;

• “proprietor”, in relation to a food business, means the person by whom that business is carried on;

• “public analyst” means a person appointed under Article 27(1);

• [F7 “Regulation 178/2002” means 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.]

• “regulations”F3 . . . means regulations made by[F4 the Department] subject to negative resolution;

• “ship” includes any vessel, boat or craft, and a hovercraft within the meaning of the Hovercraft Act 1968F8 , and “master” shall be construed accordingly;

• “slaughter‐house” means any premises used for the slaughtering of animals, the flesh of which is intended for human consumption;

• “statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954F9 ;

• “substance” includes any natural or artificial substance or other matter, whether it is in solid or liquid form or in the form of a gas or vapour;

• “treatment”, in relation to any food, includes subjecting it to heat or cold;

• “veterinary drugs” has the same meaning as in section 132(1) of the Medicines Act 1968F10 .

(3) The reference in paragraph (2) to preparing for sale shall be construed, in relation to any contact material, as a reference to manufacturing or producing for the purpose of sale.

(4) For the purposes of this Order—

(a) the supply of food, otherwise than on sale, in the course of a business; and

(b) any other thing which is done with respect to food and is specified in an order,

shall be deemed to be a sale of the food, and references to purchasers and purchasing shall be construed accordingly.

(5) For the purposes of this Order, any class or description may be framed by reference to any matters or circumstances whatever, including in particular, in the case of a description of food, the brand name under which it is commonly sold.

(6) The district of a district council which is bounded by or to seaward of the high‐water mark of mean tides shall also include, for the purposes of this Order, the territorial waters of the United Kingdom which are outside that district adjacent to any place where that high‐water mark is within or on the boundary of that district.

(7) The following Table shows provisions defining or otherwise explaining expressions used in this Order (other than provisions defining or explaining an expression used only in the same Article)—

emergency control order	Article 12(1)
emergency prohibition notice	Article 11(1)
emergency prohibition order	Article 11(2)
[F7 food safety requirements Article 5]	Article 5(2)
improvement notice	Article 9
F7 . . .	F7 . . .
prohibition order	Article 10(5)
sale and related expressions	Articles 2(4) and 3
unfit for human consumption	Article 5(4)

F2 1954 c. 33 (NI)

F3 1996 NI 12

F4 1999 c. 28

F5 1979 c. 2

F6 SR 2004/482

F7 SR 2004/505

F8 1968 c. 59

F9 1954 c. 33 (NI)

F10 1968 c. 67

Modifications etc. (not altering text)

C1 Art. 2(4) applied (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007 (S.R. 2007/60), reg. 7(a)

C2 Art. 2(4) applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 (S.R. 2007/301), reg. 5(a)

C3 Art. 2(4) applied (with modifications) (1.10.2007) by Nutrition and Health Claims Regulations (Northern Ireland) 2007 (S.R. 2007/349), reg. 6(a)

C4 Art. 2(4) applied (31.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 (S.R. 2007/420), reg. 22(1)(a) (with reg. 3)

C5 Art. 2(4) applied (with modifications) (5.11.2007) by Materials and Articles in Contact with Food Regulations (Northern Ireland) 2007 (S.R. 2007/434), regs. 1(2), 20(1)(a)

C6 Art. 2(4) applied (with modifications) (1.7.2008) by Drinking Milk Regulations (Northern Ireland) 2008 (S.R. 2008/237), reg. 7(a)

C7 Art. 2(4) applied (with modifications) (1.7.2008) by Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008 (S.R. 2008/239), regs. 3, 7(a)

C8 Art. 2(4) applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(a)

C9 Art. 2(4) applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(1)(a)

C10 Art. 2(4) applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(1)(a)

C11 Art. 2(4) applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(4) (with reg. 5(2))

C12 Art. 2(4) applied (with modifications) (20.10.2010) by Materials and Articles in Contact with Food Regulations (Northern Ireland) 2010 (S.R. 2010/321), reg. 20(1)(a) (with reg. 3)

C13 Art. 2(6) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(a)

C14 Art. 2(6) applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(a)

C15 Art. 2(6) applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(b)

Application to food offered as prizes, etc. N.I.

3.  This Order shall apply—

(a) in relation to any food which is offered as a prize or reward or given away in connection with any entertainment to which the public are admitted, whether on payment of money or not, as if the food were, or had been, exposed for sale by each person concerned in the organisation of the entertainment;

(b) in relation to any food which, for the purpose of advertisement or in furtherance of any trade or business, is offered as a prize or reward or given away, as if the food were, or had been, exposed for sale by the person offering or giving away the food; and

(c) in relation to any food which is exposed or deposited in any premises for the purpose of being so offered or given away as mentioned in sub‐paragraph (a) or (b), as if the food were, or had been, exposed for sale by the occupier of the premises;

and in this Article “entertainment” includes any social gathering, amusement, exhibition, performance, game, sport or trial of skill.

Modifications etc. (not altering text)

C16 Art. 3 applied (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007 (S.R. 2007/60), reg. 7(a)

C17 Art. 3 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 (S.R. 2007/301), reg. 5(a)

C18 Art. 3 applied (31.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 (S.R. 2007/420), reg. 22(1)(a) (with reg. 3)

C19 Art. 3 applied (with modifications) (5.11.2007) by Materials and Articles in Contact with Food Regulations (Northern Ireland) 2007 (S.R. 2007/434), regs. 1(2), 20(1)(b)

C20 Art. 3 applied (with modifications) (1.7.2008) by Drinking Milk Regulations (Northern Ireland) 2008 (S.R. 2008/237), reg. 7(b)

C21 Art. 3 applied (with modifications) (1.7.2008) by Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008 (S.R. 2008/239), regs. 3, 7(b)

C22 Art. 3 applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(a)

C23 Art. 3 applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(1)(a)

C24 Art. 3 applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(1)(a)

C25 Art. 3 applied (with modifications) (20.1.2010) by Food (Jelly Mini-Cups) (Emergency Control) Regulations (Northern Ireland) 2009 (S.R. 2009/417), reg. 5(4) (with reg. 5(2))

Presumptions that food intended for human consumption N.I.

4.  For the purposes of this Order—

(a) any food commonly used for human consumption shall, if sold or offered, exposed or kept for sale, be presumed, until the contrary is proved, to have been sold or, as the case may be, to have been or to be intended for sale for human consumption;

(b) any food commonly used for human consumption which is found on premises used for the preparation, storage, or sale of that food shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption;

(c) any article or substance commonly used in the manufacture of food for human consumption which is found on premises used for the preparation, storage or sale of that food shall be presumed, until the contrary is proved, to be intended for sale, or for manufacturing food for sale, for human consumption;

(d) any article or substance capable of being used in the composition or preparation of any food commonly used for human consumption which is found on premises on which that food is prepared shall, until the contrary is proved, be presumed to be intended for such use.

Modifications etc. (not altering text)

C26 mod. by SR 2004/487

C27 Art. 4 applied (30.6.2006) by Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2006 (S.R. 2006/251), reg. 21(1)(a)

C28 Art. 4 applied (with modifications) (1.7.2006) by Contaminants in Food Regulations (Northern Ireland) 2006 (S.R. 2006/256), reg. 5(1)(a)

C29 Art. 4 applied (19.11.2006) by Plastic Materials and Articles in Contact with Food (No 2) Regulations (Northern Ireland) 2006 (S.R. 2006/420), reg. 22(1)(a)

C30 Art. 4 applied (1.3.2007) by Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007 (S.R. 2007/60), reg. 7(b)

C31 Art. 4 applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007/65), reg. 10(b)

C32 Art. 4 applied (with modifications) (1.3.2007) by Contaminants in Food Regulations (Northern Ireland) 2007 (S.R. 2007/66), reg. 5(1)(a)

C33 Art. 4 applied (with modifications) (1.3.2007) by Quick-frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007 (S.R. 2007/110), reg. 10(b)

C34 Art. 4 applied (with modifications) (7.8.2007) by Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 (S.R. 2007/301), reg. 5(b)

C35 Art. 4 applied (with modifications) (1.10.2007) by Nutrition and Health Claims Regulations (Northern Ireland) 2007 (S.R. 2007/349), reg. 6(b)

C36 Art. 4 applied (with modifications) (5.11.2007) by Plastic Materials and Articles in Contact with Food (Lid Gaskets) Regulations (Northern Ireland) 2007 (S.R. 2007/419), reg. 10(a)

C37 Art. 4 applied (31.10.2007) by Natural Mineral Water, Spring Water and Bottled Drinking Water Regulations (Northern Ireland) 2007 (S.R. 2007/420), reg. 22(1)(b) (with reg. 3)

C38 Art. 4 applied (with modifications) (5.11.2007) by Materials and Articles in Contact with Food Regulations (Northern Ireland) 2007 (S.R. 2007/434), regs. 1(2), 20(3)

C39 Art. 4 applied (with modifications) (11.1.2008) by Infant Formula and Follow-on Formula Regulations (Northern Ireland) 2007 (S.R. 2007/506), reg. 29(a)

C40 Art. 4 applied (with modifications) (14.4.2008) by Eggs and Chicks Regulations (Northern Ireland) 2008 (S.R. 2008/98), reg. 20

C41 Art. 4 applied (5.5.2008) by Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008 (S.R. 2008/167), reg. 25(a)

C42 Art. 4 applied (with modifications) (1.7.2008) by Drinking Milk Regulations (Northern Ireland) 2008 (S.R. 2008/237), reg. 7(c)

C43 Art. 4 applied (with modifications) (1.7.2008) by Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008 (S.R. 2008/239), regs. 3, 7(c)

C44 Art. 4 applied (with modifications) (22.12.2008) by Eggs and Chicks (No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/451), reg. 20

C45 Art. 4 applied (with modifications) (1.7.2009) by Contaminants in Food Regulations (Northern Ireland) 2009 (S.R. 2009/220), reg. 5(1)(a)

C46 Art. 4 applied (with modifications) (31.7.2009) by Food Irradiation Regulations (Northern Ireland) 2009 (S.R. 2009/258), reg. 11(1)(c)

C47 Art. 4 applied (with modifications) (1.1.2010) by Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) Regulations (Northern Ireland) 2009 (S.R. 2009/398), reg. 4(a)

C48 Art. 4 applied (with modifications) (20.1.2010) by Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009/415), reg. 5(3)(a)

C49 Art. 4 applied (with modifications) (20.1.2010) by Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009/416), reg. 16(3)(a)

C50 Art. 4 applied (with modifications) (6.4.2010) by Fish Labelling Regulations (Northern Ireland) 2010 (S.R. 2010/54), reg. 10(a)

C51 Art. 4 applied (with modifications) (28.4.2010) by Eggs and Chicks Regulations (Northern Ireland) 2010 (S.R. 2010/125), reg. 29

C52 Art. 4 applied (with modifications) (20.10.2010) by Materials and Articles in Contact with Food Regulations (Northern Ireland) 2010 (S.R. 2010/321), reg. 20(3) (with reg. 3)

C53 Art. 4 applied (with modifications) (20.10.2010) by Contaminants in Food Regulations (Northern Ireland) 2010 (S.R. 2010/335), reg. 5(1)(a)

C54 Art. 4 applied (with modifications) (20.1.2011) by Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010/414), reg. 5(3)(a)

C55 Art. 4 applied (with modifications) (1.1.2012) by Foodstuffs Suitable for People Intolerant to Gluten Regulations (Northern Ireland) 2010 (S.R. 2010/338), reg. 5(a)

C56 Art. 4 applied (with modifications) (14.10.2011) by Poultrymeat Regulations (Northern Ireland) 2011 (S.R. 2011/315), reg. 26(1)(a)(2)