The Food Hygiene Regulations (Northern Ireland) 2006

Regulation 2(1)

[F1 SCHEDULE 1 N.I. DEFINITIONS OF COMMUNITY LEGISLATION

Textual Amendments

F1 Sch. 1 substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), reg. 1(1), Sch. 1

“Decision 2006/766” means Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted;

“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;

“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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffsas last amended by Regulation 219/2009, as read with Regulation 2073/2005 and with Commission Regulation (EU) No 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council and with Commission Regulation (EU) No 2017/2158 establishing mitigation measures and benchmark levels for the reduction of the presence of acrylamide in food;

“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;

“Regulation 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption;

“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;

“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;

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs;

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004;

“Regulation 1020/2008” means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products;

“Regulation 1021/2008” means Commission Regulation (EC) No. 1021/2008 amending Annexes I, II and III to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) No. 2076/2005 as regards live bivalve molluscs, certain fishery products and staff assisting with official controls in slaughterhouses;

“Regulation 219/2009” means Regulation (EC) No. 219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Two;

“Regulation 669/2009” means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC;

“Regulation 739/2011” means Commission Implementing Regulation (EU) No. 739/2011 amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption;

“Regulation 809/2011” means Commission Implementing Regulation (EU) No. 809/2011 amending Regulation (EC) No. 2074/2005 as regards documentation accompanying imports of frozen fishery products directly from a freezer vessel;

“Regulation 880/2011” means Commission Regulation (EU) No. 880/2011 correcting Regulation (EU) No. 208/2011 amending Annex VII to Regulation (EC) No. 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No. 180/2008 and (EC) No. 737/2008 as regards lists and names of EU reference laboratories;

“Regulation 1086/2011” means Commission Regulation (EU) No. 1086/2011 amending Annex II to Regulation (EC) No. 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No. 2073/2005 as regards salmonella in fresh poultry meat;

“Regulation 1169/2011” means Regulation (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers, amending Regulations (EC) No. 1924/2006 and (EC) No. 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No. 608/2004;

“Regulation 1223/2011” means Commission Implementing Regulation (EU) No. 1223/2011 amending Regulation (EC) No. 1688/2005 as regards sampling of flocks of origin of eggs and the microbiological examination of such samples and samples of certain meat intended for Finland and Sweden;

“Regulation 1277/2011” means Commission Implementing Regulation (EU) No. 1277/2011 amending Annex I to Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin;

“Regulation 16/2012” means Commission Regulation (EU) No. 16/2012 amending Annex II to Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards the requirements concerning frozen food of animal origin intended for human consumption;

“Regulation 28/2012” means Commission Regulation (EU) No. 28/2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No. 1162/2009;

“Regulation 579/2014” means Commission Regulation (EU) No. 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and the Council as regards the transport of liquid oils and fats by sea;

“Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat.]

Regulations 2(1) and 17

SCHEDULE 2 N.I. SPECIFIED COMMUNITY PROVISIONS

Commencement Information

I1 Sch. 2 in operation at 11.1.2006, see reg. 1

1. Provision of Community Regulations	2. Subject matter
Article 3 of Regulation 852/2004	Requirement that food business operators ensure that all stages of production, processing and distribution of food under their control satisfy the relevant hygiene requirements laid down in Regulation 852/2004.
Article 4(1) of Regulation 852/2004	Requirement that food business operators carrying out primary production and specified associated operations comply with the general hygiene provisions laid down in Part A of Annex I to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004.
Article 4(2) of Regulation 852/2004	Requirement that food business operators carrying out any stage of production, processing and distribution of food after those stages to which Article 4(1) applies comply with the general hygiene requirements laid down in Annex II to Regulation 852/2004 and any specific requirements provided for in Regulation 853/2004F2 ... [F3 and Regulation 579/2014.]
Article 4(3) of Regulation 852/2004	Requirement that food business operators, as appropriate, adopt certain specific hygiene measures.
Article 5(1) of Regulation 852/2004	Requirement that food business operators put in place, implement and maintain a permanent procedure or procedures based on the HACCP principles.
Article 5(2) of Regulation 852/2004	Requirement that when any modification is made in the product, process, or any step, food business operators review the procedure referred to in Article 5(1) and make the necessary changes to it.
Article 5(4)(a) of Regulation 852/2004	Requirement that food business operators provide the competent authority with evidence of their compliance with Article 5(1).
Article 5(4)(b) of Regulation 852/2004	Requirement that food business operators ensure that any documents describing the procedures developed in accordance with Article 5 are up to date.
Article 5(4)(c) of Regulation 852/2004	Requirement that food business operators retain documents and records for an appropriate period.
Article 6(1) of Regulation 852/2004	Requirement that food business operators co-operate with the competent authorities in accordance with other applicable [F4 EU] legislation or national law.
Article 6(2), first paragraph of Regulation 852/2004	Requirement that a food business operator notify the competent authority of each establishment under its control that carries out any of the stages of production, processing and distribution of food.
Article 6(2), second paragraph of Regulation 852/200	Requirement that food business operators ensure that the competent authority has up to date information on establishments.
Article 6(3) of Regulation 852/2004	Requirement that food business operators ensure that establishments are approved by the competent authority when approval is required.
Article 3(1) of Regulation 853/2004	Requirement that food business operators comply with the relevant provisions of Annexes II and III to Regulation 853/2004.
Article 3(2) of Regulation 853/2004	Requirement that food business operators do not use any substance other than potable water or, when Regulation 852/2004 or Regulation 853/2004 permits its use, clean water, to remove surface contamination from products of animal origin.
Article 4(1) of Regulation 853/2004	Requirement that food business operators place products of animal origin manufactured in [F4 the European Union] on the market only if they have been prepared and handled exclusively in establishments— (a) that meet the relevant requirements of Regulation 852/2004, those of Annexes II and III of Regulation 853/2004 and other relevant requirements of food law; and (b) that the competent authority has registered or, where required in accordance with Article 4(2), approved.
Article 4(2) of Regulation 853/2004	Requirement that establishments handling those products of animal origin for which Annex III to Regulation 853/2004 lays down requirements do not operate unless the competent authority has approved them in accordance with Article 4(3).
Article 4(3) of Regulation 853/2004	Requirement that establishments subject to approval in accordance with Article 4(2) do not operate unless the competent authority has, in accordance with Regulation 854/2004— (a) granted the establishment approval to operate following an on-site visit; or (b) provided the establishment with conditional approval.
Article 4(4) of Regulation 853/2004	Requirement that food business operators co-operate with the competent authorities in accordance with Regulation 854/2004 including ensuring that an establishment ceases to operate if it is no longer approved.
Article 5(1) of Regulation 853/2004	Requirement that food business operators do not place on the market a product of animal origin handled in an establishment subject to approval in accordance with Article 4(2) unless it has— (a) a health mark applied in accordance with Regulation 854/2004; or (b) when Regulation 854/2004 does not provide for the application of a health mark, an identification mark applied in accordance with Section 1 of Annex II to Regulation 853/2004.
Article 5(2) of Regulation 853/2004	Requirement that food business operators apply an identification mark to a product of animal origin only if the product has been manufactured in accordance with Regulation 853/2004 in establishments meeting the requirements of Article 4.
Article 5(3) of Regulation 853/2004	Requirement that food business operators do not remove a health mark applied in accordance with Regulation 854/2004 from meat unless they cut or process it or work upon it in another manner.
Article 6(1) and (2) of Regulation 853/2004	Requirement that food business operators ensure that importation of products of animal origin only takes place where certain conditions are met.
Article 6(3) of Regulation 853/2004	Requirement that food business operators importing products of animal origin shall ensure that— (a) products are made available for control upon importation in accordance with Council Directive 97/78/EC(1); (b) importation complies with the requirements of Council Directive 2002/99/EC(2); and (c) operations under their control that take place after importation are carried out in accordance with the requirements of Annex III to Regulation 853/2004.
Article 6(4) of Regulation 853/2004	Requirement that food business operators importing food containing both products of plant origin and processed products of animal origin ensure that the processed products of animal origin satisfy the requirements of Article 6(1) to (3).
Article 7 of Regulation 853/2004	Requirement that food business operators ensure that certificates or other documents accompany consignments of products of animal origin when required in accordance with Annex II or III to Regulation 853/2004.
Article 8 of Regulation 853/2004	Requirement that food business operators intending to place specified foods of animal origin on the market in Sweden or Finland comply with the rules set out in Article 8(2).
Article 7(1) of Regulation 2073/2005	Requirement that food business operators shall take the measures laid down in paragraphs (2) to (4) of Article 7 when the results of testing against the criteria set out in Annex 1 to Regulation 2073/2005 (microbiological criteria for foodstuffs) are unsatisfactory.
Article 9 of [F5 Regulation 2015/1375]	[F6 Requirement that food business operators of holdings officially recognised as applying controlled housing conditions must inform the competent authority of any requirement of Annex IV to Regulation 2015/1375 that is no longer fulfilled or of any other change that might affect the holdings’ Trichinella status.]

Textual Amendments

F2 Full stop in Sch. 2 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(5)

F3 Words in Sch. 2 inserted (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(5)

F4 Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F5 Words in Sch. 2 substituted (15.10.2016) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/345), regs. 1, 2(4)(a)

F6 Words in Sch. 2 substituted (15.10.2016) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/345), regs. 1, 2(4)(b)

Regulation 26

SCHEDULE 3 N.I. BULK TRANSPORT IN SEA-GOING VESSELS OF LIQUID OILS OR FATS AND THE BULK TRANSPORT BY SEA OF RAW SUGAR

Offence N.I.

1.  A person who contravenes any of the requirements of this Schedule shall be guilty of an offence.

Commencement Information

I2 Sch. 3 para. 1 in operation at 11.1.2006, see reg. 1

Liquid oils or fats N.I.

F7 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

F7 3.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

F7 4.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

F7 5.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

F7 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

Raw sugar N.I.

7.  The bulk transport by sea of raw sugar which is not intended for use as food or as a food ingredient without a full and effective refining process is permitted in receptacles, containers or tankers that are not exclusively used for the transport of foodstuffs.

Commencement Information

I3 Sch. 3 para. 7 in operation at 11.1.2006, see reg. 1

8.  The receptacles, containers or tankers referred to in paragraph 7 shall be subject to the following conditions—

(a) prior to loading the raw sugar, the receptacle, container or tanker shall be effectively cleaned to remove residues of the previous cargo and other soiling and inspected to establish that such residues have been removed effectively; and

(b) the immediate previous cargo prior to the raw sugar shall not have been a bulk liquid.

Commencement Information

I4 Sch. 3 para. 8 in operation at 11.1.2006, see reg. 1

9.  A food business operator who is responsible for the transport of raw sugar by sea under paragraph 7 shall keep documentary evidence, accurately describing in detail the immediate previous cargo carried in the receptacle, container or tanker concerned, and the type and effectiveness of the cleaning process applied prior to the transport of the raw sugar.

Commencement Information

I5 Sch. 3 para. 9 in operation at 11.1.2006, see reg. 1

10.  The documentary evidence shall accompany the consignment of raw sugar during all stages of transport to the refinery and a copy shall be retained by the refinery. The documentary evidence shall be marked as follows in a clearly visible and indelible fashion, in one or more Community languages: “This product must be refined before being used for human consumption”.

Commencement Information

I6 Sch. 3 para. 10 in operation at 11.1.2006, see reg. 1

11.  On request, a food business operator responsible for the transport of the raw sugar or the refining process shall provide the district council with the documentary evidence referred to in paragraphs 9 and 10.

Commencement Information

I7 Sch. 3 para. 11 in operation at 11.1.2006, see reg. 1

12.  Raw sugar which has been transported by sea in receptacles, containers or tankers which are not exclusively reserved for the transport of foodstuffs shall be subjected to a full and effective refining process before being considered suitable for use as food or as a food ingredient.

Commencement Information

I8 Sch. 3 para. 12 in operation at 11.1.2006, see reg. 1

13.  In fulfilling his obligations under Article 5(1) of Regulation 852/2004 (hazard analysis and critical control points) in relation to the bulk transport of raw sugar by sea under paragraph 7, a food business operator who is responsible for the transport or refining of raw sugar shall—

(a) consider the cleaning process undertaken prior to the loading of the sugar for transport by sea to be a critical control point as referred to in Article 5(2)(b) of Regulation 852/2004; and

(b) take into account the nature of the previous cargo which has been transported in any receptacle, container or tanker used for the transport of the sugar.

Commencement Information

I9 Sch. 3 para. 13 in operation at 11.1.2006, see reg. 1

Interpretation N.I.

14.—(1) For the purposes of this Schedule any words or expressions used both in this Schedule and in F8 ... Commission Directive 98/28/EC granting a derogation from certain provisions of Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport by sea of bulk raw sugar(3) shall bear the same meanings as they respectively have in those Directives.

F9 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in Sch. 3 para. 14(1) omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(b)

F9 Sch. 3 para. 14(2) omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(c)

Commencement Information

I10 Sch. 3 para. 14 in operation at 11.1.2006, see reg. 1

Regulation 27

SCHEDULE 4 N.I. TEMPERATURE CONTROL REQUIREMENTS

Scope N.I.

1.  This Schedule does not apply in relation to—

(a) any food business operation to which Regulation 853/2004 applies; or

(b) any food business operation carried out on a ship or aircraft.

Commencement Information

I11 Sch. 4 para. 1 in operation at 11.1.2006, see reg. 1

Chill holding requirements N.I.

2.—(1) Subject to paragraph 2(2) and paragraph 3, any person who keeps any food—

(a) which is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

(b) with respect to which any commercial operation is being carried out,

at or in food premises at a temperature above 8°C shall be guilty of an offence.

(2) Sub-paragraph (1) shall not apply in relation to any food which, as part of a mail order transaction, is being conveyed to an ultimate consumer.

(3) Subject to paragraph 3, no person shall supply by mail order any food which—

(a) is likely to support the growth of pathogenic micro-organisms or the formation of toxins; and

(b) is being or has been conveyed by post or by a private or common carrier to an ultimate consumer,

at a temperature which has given rise to or is likely to give rise to a risk to health.

Commencement Information

I12 Sch. 4 para. 2 in operation at 11.1.2006, see reg. 1

General exemptions from the chill holding requirements N.I.

3.  Paragraph 2(1) and (3) shall not apply in relation to—

(a) food which—

(i) has been cooked or reheated,

(ii) is for service or on display for sale, and

(iii) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins;

(b) food which, for the duration of its shelf life may be kept at ambient temperatures with no risk to health;

(c) food which is being or has been subjected to a process such as dehydration or canning intended to prevent the growth of pathogenic micro-organisms at ambient temperatures, but not where—

(i) after or by virtue of that process the food was contained in a hermetically sealed container, and

(ii) that container has been opened;

(d) food which must be ripened or matured at ambient temperatures, but not when the process of ripening or maturation is completed;

(e) raw food intended for further processing (including cooking) before human consumption, but only if that processing, if undertaken correctly, will render that food fit for human consumption;

(f) food to which [F10 Commission Regulation 543/2008 and Regulation 1308/2013 apply]; and

(g) food to which [F11 Commission Regulation 589/2008 and Regulation 1308/2013 apply].

Textual Amendments

F10 Words in Sch. 4 para. 3(f) substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(a)(i)

F11 Words in Sch. 4 para. 3(g) substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(a)(ii)

Commencement Information

I13 Sch. 4 para. 3 in operation at 11.1.2006, see reg. 1

Upward variation of the 8°C temperature by manufacturers etc. N.I.

4.—(1) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that—

(a) a food business responsible for manufacturing, preparing or processing the food, including, where relevant, the accused, has recommended that it is kept—

(i) at or below a specified temperature between 8°C and ambient temperatures, and

(ii) for a period not exceeding a specified shelf life;

(b) that recommendation has, unless the accused is that food business, been communicated to the accused either by means of a label on the packaging of the food or by means of some other appropriate form of written instruction;

(c) the food was not kept by the accused at a temperature above the specified temperature; and

(d) at the time of the commission of the alleged offence, the specified shelf life had not been exceeded.

(2) A food business responsible for manufacturing, preparing or processing food shall not recommend that any food is kept—

(a) at or below a specified temperature between 8°C and ambient temperatures; and

(b) for a period not exceeding a specified shelf life,

unless that recommendation is supported by a well-founded scientific assessment of the safety of the food at the specified temperature.

Commencement Information

I14 Sch. 4 para. 4 in operation at 11.1.2006, see reg. 1

Chill holding tolerance periods N.I.

5.—(1) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—

(a) was for service or on display for sale;

(b) had not previously been kept for service or on display for sale at a temperature above 8°C or, where a recommendation has been made pursuant to paragraph 4(1), the recommended temperature; and

(c) had been kept for service or on display for sale for a period of less than four hours.

(2) In any proceedings for an offence consisting of a contravention of paragraph 2(1), it shall be a defence for the accused to prove that the food—

(a) was being transferred—

(i) from premises at which the food was going to be kept at or below 8°C or in appropriate circumstances the recommended temperature to a vehicle used for the purposes of a food business, or

(ii) to such premises from such a vehicle; or

(b) was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for an unavoidable reason, such as—

(i) to accommodate the practicalities of handling during and after processing or preparation,

(ii) the defrosting of equipment, or

(iii) temporary breakdown of equipment,

and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.

Commencement Information

I15 Sch. 4 para. 5 in operation at 11.1.2006, see reg. 1

Hot holding requirements N.I.

6.  Any person who in the course of the activities of a food business keeps at or in food premises at a temperature below 63°C any food which—

(a) has been cooked or reheated;

(b) is for service or on display for sale; and

(c) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins,

shall be guilty of an offence.

Commencement Information

I16 Sch. 4 para. 6 in operation at 11.1.2006, see reg. 1

Hot holding defences N.I.

7.  In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that—

(a) a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or re-heating, the food is held for service or on display for sale—

(i) at a holding temperature which is below 63°C, and

(ii) for a period not exceeding any period of time specified in that scientific assessment; and

(b) at the time of the commission of the alleged offence, the food was held in a manner which was justified in the light of that scientific assessment.

(2) In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that the food—

(a) had been kept for service or on display for sale for a period of less than two hours; and

(b) had not previously been kept for service or on display for sale by that person.

Commencement Information

I17 Sch. 4 para. 7 in operation at 11.1.2006, see reg. 1

Interpretation N.I.

8.  In this Schedule—

[F12 “Commission Regulation 543/2008” means Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat;

“Commission Regulation 589/2008” means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs;

“Regulation 1308/2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007);]

“recommended temperature” means a specified temperature which has been recommended in accordance with paragraph 4(1)(a)(i); and

“shelf life” means—

(a)

[F13 in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability;

(b)

in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; and]

(c)

in relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety.

Textual Amendments

F12 Words in Sch. 4 para. 8 substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(b)

F13 Words in Sch. 4 para. 8 substituted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 12

Commencement Information

I18 Sch. 4 para. 8 in operation at 11.1.2006, see reg. 1

Regulation 28

SCHEDULE 5 N.I. DIRECT SUPPLY BY THE PRODUCER OF SMALL QUANTITIES OF MEAT FROM POULTRY OR LAGOMORPHS SLAUGHTERED ON THE FARM

Scope N.I.

1.  The requirements of this Schedule apply in relation to the direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm to the final consumer or to local retail establishments directly supplying such meat to the final consumer.

Commencement Information

I19 Sch. 5 para. 1 in operation at 11.1.2006, see reg. 1

Requirements N.I.

2.—(1) Where a producer supplies meat in the manner described in paragraph 1, he shall ensure that it bears a label or other marking clearly indicating the name and address of the farm where the animal from which it is derived was slaughtered.

(2) The producer shall—

(a) keep a record in adequate form to show the number of birds and the number of lagomorphs received into, and the amounts of fresh meat despatched from, his premises during each week;

(b) retain the record for a period of one year; and

(c) make the record available to an authorised officer on request.

Commencement Information

I20 Sch. 5 para. 2 in operation at 11.1.2006, see reg. 1

Offence N.I.

3.  A producer who fails to comply with any of the requirements of paragraph 2 shall be guilty of an offence.

Commencement Information

I21 Sch. 5 para. 3 in operation at 11.1.2006, see reg. 1

Regulation 29

SCHEDULE 6 N.I. RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION

[F14 1.   Any person who sells raw milk intended for direct human consumption in contravention of— N.I.

(1) paragraph 5, or

(2) paragraph 7A (1) or (2), shall be guilty of an offence]

Textual Amendments

F14 Sch. 6 para. 1 substituted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(a)

2.—(1) If any person other than the occupier of a production holding or a distributor sells raw cows' milk intended for direct human consumption he shall be guilty of an offence. N.I.

(2) If the occupier of a production holding sells raw cows' milk intended for direct human consumption in contravention of paragraph 3 he shall be guilty of an offence.

(3) If a distributor sells raw cows' milk intended for direct human consumption in contravention of paragraph 4 he shall be guilty of an offence.

Commencement Information

I22 Sch. 6 para. 2 in operation at 11.1.2006, see reg. 1

3.  The occupier of a production holding may only sell raw cows' milk intended for direct human consumption— N.I.

(a) at or from the farm premises where the animals from which the milk has been obtained are maintained; and

(b) to—

(i) the final consumer for consumption other than at those farm premises,

(ii) a temporary guest or visitor to those farm premises as or as part of a meal or refreshment, or

(iii) a distributor.

Commencement Information

I23 Sch. 6 para. 3 in operation at 11.1.2006, see reg. 1

4.  A distributor may only sell raw cows' milk intended for direct human consumption— N.I.

(a) which he has bought pursuant to paragraph 3(b)(iii);

(b) in the containers in which he receives the milk, with the fastenings of the containers unbroken;

(c) from a vehicle which is lawfully used as a shop premises; and

(d) direct to the ultimate consumer.

Commencement Information

I24 Sch. 6 para. 4 in operation at 11.1.2006, see reg. 1

5.  The raw milk shall meet the following standards: N.I.

Plate count at 30°C (cfu per ml)	≤ 20,000
Coliforms (cfu per ml)	< 100

Commencement Information

I25 Sch. 6 para. 5 in operation at 11.1.2006, see reg. 1

6.  In the case where farm premises are being used for the sale of raw cows' milk intended for direct human consumption pursuant to paragraph 3(a), the Agency shall carry out such sampling, analysis and examination of the milk as it considers necessary to ensure that it meets the standards specified in paragraph 5. N.I.

Commencement Information

I26 Sch. 6 para. 6 in operation at 11.1.2006, see reg. 1

7.  In any case where the Agency carries out sampling, analysis and examination of raw cows' milk in accordance with paragraph 6, there shall be due to the Agency from the occupier of the production holding who is selling the milk a fee of £63, which is payable by the occupier to the Agency on demand. N.I.

Commencement Information

I27 Sch. 6 para. 7 in operation at 11.1.2006, see reg. 1

[F15 7A.— (1) Subject to sub-paragraph (3) and except in cases to which sub-paragraph (2) applies the container in which any raw milk is sold shall be marked or labelled “This milk has not been heat-treated and may therefore contain organisms harmful to health”. N.I.

(2) Subject to sub-paragraph (3), in the case of any raw milk which is not prepacked and is sold at a catering establishment, the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health” must appear—

(a) on a label attached to the container in which that milk is sold, or

(b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk.

(3) The provisions of sub-paragraphs (1) and (2) do not apply to raw milk from buffaloes.]

Textual Amendments

F15 Sch. 6 para. 7A inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(b)

8.  In this Schedule— N.I.

[F16 “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;]

“distributor” means a person who sells raw cows' milk that has been produced on a production holding of which he is not the occupier;

“farm premises” means a farm occupied by the occupier of a production holding as a single farm and includes the production holding and any other building situated on that farm and occupied by the same occupier;

[F17 “labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;]

“occupier” means any person carrying on the business of producing or handling raw cows' milk or his duly authorised representative;

[F18 “prepacked”, in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the final consumer or to a catering establishment;]

“production holding” means premises at which milk-producing cows are kept; and

“shop premises” means premises from which any food is sold to the final consumer.

Textual Amendments

F16 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(i)

F17 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(ii)

F18 Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(iii)

Commencement Information

I28 Sch. 6 para. 8 in operation at 11.1.2006, see reg. 1

Regulation 29A

F19 SCHEDULE 6A N.I. THE SPECIAL HEALTH MARK

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 Sch. 6A revoked (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(7)

Regulation 30

F20 SCHEDULE 7 N.I. CONSEQUENTIAL AMENDMENTS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F20 Sch. 7 omitted (11.2.2019) by virtue of The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(6)

(1)

O.J. No. L24, 30.1.1998, p. 9

(2)

O.J. No. L18, 23.1.2003, p. 11

(3)

O.J. No. L140, 12.5.98, p. 10