The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 345

Food

The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016

Made

22nd September 2016

Coming into operation

15th October 2016

The Department of Health(1) being a department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to measures relating to food (including drink) including the primary production of food makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 Act and it appears to the Secretary of State that it is expedient for references to an Annex to Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat to be construed as references to that Annex as amended from time to time.

As required by Article 9 of 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(4) there has been open and transparent public consultation during the preparation of these Regulations.

Title and commencement

1.  These Regulations may be cited as the Food Hygiene (Amendment) Regulations (Northern Ireland) 2016 and come into operation on 15th October 2016.

Amendments to the Food Hygiene Regulations (Northern Ireland) 2006

2.—(1) The Food Hygiene Regulations (Northern Ireland) 2006(5) are amended in accordance with paragraphs (2) to (5).

(2) In regulation 2(1) (interpretation), in the definition of “the Community Regulations” and in the definition beginning “Decision 2006/766”, for “Regulation 2075/2005” in each case substitute “Regulation 2015/1375”.

(3) In Schedule 1 (definitions of EU legislation) —

(a) in the definition of “Regulation 854/2004”, for “Regulation 2075/2005” substitute “Regulation 2015/1375”;

(b) omit the definition of “Regulation 2075/2005”; and

(c) at the end of the Schedule add the following definition —

““Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat.”(6).

(4) In Schedule 2 (specified Community provisions) —

(a) in the first column of the final entry, for “Regulation 2075/2005” substitute “Regulation 2015/1375”; and

(b) in the second column of the final entry, for the existing text substitute the following —

“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.”.

Sealed with the Official Seal of the Department of Health on 22nd September 2016.

Anne Kilgallen

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Order)

These Regulations make various amendments to the Food Safety and Hygiene Regulations (Northern Ireland) 2016 (S.R. 2006 No.3) to provide for the execution and enforcement in Northern Ireland of Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat (OJ No. L212, 11.8.2015, p.7).

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c.5 (N.I.), section 1

(2)

S.I.2003/2901

(3)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and has been amended by section 3(3) of and the Schedule to the European Union (Amendment) Act 2008 (2008 c.7)

(4)

OJ No. L31, 1.2.2002, p.1, last amended by Regulation (EU) No 652/2014 of the European Parliament and of the Council (OJ No. L189, 27.6.2014, p.1)

(5)

S.R. 2006 No.3

(6)

OJ No. L212, 11.8.2015, p.7