The Official Feed and Food Controls Regulations (Northern Ireland) 2005

Regulation 2(1)

SCHEDULE 1 DEFINITIONS OF COMMUNITY LEGISLATION

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(1);

“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 as last amended by Regulation (EC) No. 1642/2003;

“Regulation 1642/2003” means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs(2) as read with Regulation 1688/2005;

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(3) as read with Directive 2004/41 and Regulation 1688/2005;

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(4); and

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs(5).

Regulation 2(1)

SCHEDULE 2 DEFINITION OF RELEVANT FEED LAW

“relevant feed law” means—

(a)

Part IV of the Agriculture Act 1970(6) in so far as it applies in relation to feeding stuffs;

(b)

the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999(7);

(c)

the Feeding Stuffs Regulations (Northern Ireland) 2001(8);

(d)

the Genetically Modified Animal Feed Regulations (Northern Ireland) 2004(9);

(e)

the Food Hygiene Regulations (Northern Ireland) 2005 in so far as they apply in relation to feed;

(f)

the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) Regulations (Northern Ireland) 2005(10);

(g)

the Feeding Stuffs Regulations (Northern Ireland) 2005(11); and

(h)

the Feed (Hygiene and Enforcement) Regulations (Northern Ireland)(12) 2005.

Regulation 2(1)

SCHEDULE 3 DEFINITION OF RELEVANT FOOD LAW

“relevant food law” means—

(a)

food law in so far as it applies in relation to food, except in so far as it involves—

(i)

the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 1998(13),

(ii)

the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002(14),

(iii)

the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(15) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(16),

(iv)

the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs as rules are laid down for them in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs(17) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

(v)

the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 2003(18) and the Organic Products Regulations 2004(19),

(vi)

the regulation of beef labelling under the Beef Labelling (Enforcement) (Northern Ireland) Regulations 2001(20), and

(vii)

the regulation of the import of and trade in products of animal origin—

(aa)

under the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998(21) with the exception of the execution and enforcement of regulation 3 thereof by the Agency; and

(bb)

under the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2004(22) with the exception of the execution and enforcement of regulation 4 of those Regulations by the Agency,

(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(23); 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(24).

Regulation 3(1)

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

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

Regulation 3(2)

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

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

Regulation 46

SCHEDULE 6 REVOCATIONS

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)

(1)

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)

(2)

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)

(3)

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)

(4)

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)

(5)

O.J. No. L271, 15.10.2005, p. 17

(6)

1970 c. 40

(7)

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 443

(8)

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. 215

(9)

S.R. 2004 No. 386

(10)

S.R. 2005 No. 233

(11)

S.R. 2005 No. 545

(12)

S.R. 2005 No. 546

(13)

S.R. 1998 No. 237

(14)

S.R. 2002 No. 20 as last amended by S.R. 2005 No. 401

(15)

O.J. No. L208, 24.7.92, p. 1

(16)

O.J. No. L236, 23.9.2003, p. 33

(17)

O.J. No. L208, 24.7.92, p. 9

(18)

S.I. 2003/2821

(19)

S.I. 2004/1604

(20)

S.R. 2001 No. 271

(21)

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. 464

(22)

S.R. 2004 No. 464

(23)

S.I. 1988/1647

(24)

S.R. 2005 No. 356