The Quick-Frozen Foodstuffs (No.2) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and remake with amendments the Quick-frozen Foodstuffs Regulations (NI) 2007 (S.R. 2007 No. 65). These Regulations continue the implementation of the Directives specified in paragraph 3 below, and to 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).

These Regulations-

(a) prohibit the placing on the market of a quick-frozen foodstuff unless certain conditions are satisfied (regulation 3);

(b) prohibit the placing on the market of a quick-frozen foodstuff intended for the ultimate consumer unless certain conditions regarding packaging are satisfied (regulation 4);

(c) impose requirements relating to the labelling of quick-frozen foodstuffs (regulation 5);

(d) impose requirements in relation to the equipment used in respect of quick-frozen foodstuffs intended for placing on the market for human consumption (regulation 6);

(e) provide for additional inspections of quick-frozen foodstuffs and of the temperatures maintained in respect of them (regulation 7);

(f) require a food operator to make records available in certain circumstances (regulation 8);

(g) provide that a person who contravenes regulation 3, 4, 5(4), 6 or 8 is guilty of an offence and create a penalty for that offence (regulation 9(1));

(h) provide that (subject to certain exceptions, namely compliance with transitional requirements for measuring instruments installed before 1st January 2006 in the case of a contravention of the first paragraph of Article 2.2 of Commission Regulation (EC) No. 37/2005, and a contravention of Article 2 of Commission Regulation (EC) No. 37/2005 in respect of small cold stores in retail outlets where the air temperature is measured by an easily visible thermometer, a person who contravenes specified provisions of that Regulation is guilty of an offence and create a penalty for that offence (regulation 9(2), (3) and (4));

(i) provide for the execution and enforcement of these Regulations (regulation 9(5)); and

(j) apply with modifications certain provisions of the Food Safety (NI) Order 1991 (1991 c.16) for the purposes of these Regulations (regulation 10);

(k) revoke The Quick-frozen Foodstuffs Regulations (Northern Ireland) 2007 (S.R. 2007 No. 65)

The Directives implemented by the Quick-frozen Foodstuffs Regulations (Northern Ireland) 1990 (S.R. 1990 No.455) 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(1); and

(b) Commission Directive 92/2/EEC laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption (OJ No. L34, 11.2.92, p.30).

(1)

OJ No. L40, 11.12.89, p.34 as last amended as at the making of this instrument 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 (OJ No. L236, 23.9.2003, p.33).