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The Novel Foods Regulations (Northern Ireland) 2017

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PART 3N.I.Application and modification of other provisions of the Order

Commencement Information

I1Sch. 2 Pt. 3 in operation at 1.1.2018, see reg. 1

Column 1

Provision of the Order

Column 2

Modifications

Article 2(4) (extended meaning of “sale” etc.)For “this Order” substitute “the Novel Foods Regulations (Northern Ireland) 2017,”
Article 3 (application to food offered as prizes, etc.)For “this Order” substitute “the Novel Foods Regulations (Northern Ireland) 2017,”.
Article 4 (presumptions that food intended for human consumption)For “this Order” substitute “the Novel Foods Regulations (Northern Ireland) 2017,”.
Article 19 (offences due to fault of another person)For “any of the preceding provisions of this Part” substitute “Article 9(2) as applied by regulation 5(1) of the Novel Foods Regulations (Northern Ireland) 2017 or regulation 4 of those regulations,”
Article 20(1) and (5) (defence of due diligence)In paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 5(1) of the Novel Foods Regulations (Northern Ireland) 2017 or regulation 4 of those regulations,”.
Article 30(8) (which relates to documentary evidence)For “this Order” substitute “ the Novel Foods Regulations (Northern Ireland) 2017,”
Article 33 (powers of entry)In paragraph (1) for subparagraphs (a) to (c) substitute “(a) to enter any premises within the council’s district for the purpose of ascertaining whether there is or has been on the premises any contravention of any of the provisions of Schedule 1 of the Novel Foods Regulations (Northern Ireland) 2017 (except the first provision specified in the table in Schedule 1 “Article 4(1)”).”
Article 34 (obstruction etc. of officers)In each place occurring in paragraph (1), for “this Order” substitute “the Novel Foods Regulations (Northern Ireland) 2017”.
Article 37 (appeals)

For paragraph (1) substitute “(1) Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by regulation 5(1) and Schedule 2 of the Novel Foods Regulations (Northern Ireland) 2017 may appeal to a court of summary jurisdiction”.

In paragraph (2A)(b) for “(1)(a)” substitute “(1) as applied by regulation 5(2) of the Novel Food Regulations (Northern Ireland) 2017

Article 38 (appeals against improvement notices)In both paragraphs (1) and (2) insert “as applied and modified by regulation 5(1) and Schedule 2 of the Novel Foods Regulations (Northern Ireland) 2017,” after “improvement notice”.

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