The Food Safety(Northern Ireland) Order 1991

Article 51(1).

SCHEDULE 2AMENDMENTS

The Interpretation Act (Northern Ireland) 1954 (c. 33)

1.  In section 43(2) (definitions for official purposes), in the definition of “public analyst” for “the Food (Northern Ireland) Order 1989” substitute “Article 27(1) of the Food Safety (Northern Ireland) Order 1991”.

The Marketing of Milk Products Act (Northern Ireland) 1958 (c. 31)

2.  In section 7 (substance permitted for use in cream by regulations)—

(a)in subsection (3) for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”;

(b)subsection (5) shall be omitted.

3.  Section 15(1A) (regulations) shall be omitted.

The Agricultural Produce (Meat Regulation and Pig Industry)Act (Northern Ireland) 1962 (c. 13)

4.  In section 19 (savings) for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.

5.  In section 20 (regulations) for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.

The Horticulture Act (Northern Ireland) 1966 (c. 15)

6.  In section 33(3) (regulations) for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.

7.  In section 36 (savings) for paragraph (b) substitute—

(b)the Food Safety (Northern Ireland) Order 1991..

The Trade Descriptions Act 1968 (c. 29)

8.  In section 2(5)(a) (certain descriptions to be deemed not to be trade descriptions) for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.

9.  In section 22(2A) (admissibility of evidence in proceedings for offences under the Act)—

(a)in the definition of “the food and drugs laws” for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”;

(b)in the definition of “the relevant provisions”—

(i)in paragraph (iii) for “Articles 40 and 44” substitute “Article 31 and regulations made thereunder”;

(ii)for “Article 72 or 73” substitute “Article 16”.

The Medicines Act 1968 (c. 67)

10.  In paragraph 1(2) of Schedule 3 (sampling), for “Article 36 of the Food (Northern Ireland) Order 1989” substitute “Article 27(1) of the Food Safety (Northern Ireland) Order 1991”.

The Weights and Measures, &c. Act 1976 (c. 77)

11.  In section 12 (shortages of food or other goods)—

(a)in subsection (1) for paragraph (c) substitute—

(c)Article 15 of the Food Safety (Northern Ireland) Order 1991 (the “1991 Order”); or;

(b)in subsection (9)(b) for “1989 Order” substitute “1991 Order”.

12.  For paragraph 4 of Schedule 6 (temporary requirements imposed by emergency orders) substitute—

Food Safety (Northern Ireland) Order 1991 (NI 7)

4.(1) This paragraph applies where the relevant requirement took effect under or by virtue of the Food Safety (Northern Ireland) Order 1991.

(2) The following provisions of that Order—

(a)Part I (introductory);

(b)Part III (administration and enforcement); and

(c)Articles 38 to 46 (default powers and other supplemental provisions),

shall apply as if the substituted requirement were imposed by regulations under Article 15 of that Order..

The Hydrocarbon Oil Duties Act 1979 (c. 5)

13.  In paragraph 5(d) of Schedule 5 (sampling) for “Article 36 of the Food (Northern Ireland) Order 1989” substitute “Article 27(1) of the Food Safety (Northern Ireland) Order 1991”.

The Weights and Measures (Northern Ireland) Order 1981 (NI 10)

14.  In Article 2(2) in the definition of “drugs” and “food” for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.

The Food and Environment Protection Act 1985 (c. 48)

15.  In section 25(4A) (Northern Ireland) for the definition of “food” substitute—

  • “food” has the same meaning as in the Food Safety (Northern Ireland) Order 1991.

The Health and Personal Social Services (Amendment)(Northern Ireland) Order 1986 (NI 20)

16.  In Article 2(2), for the definition of “the food legislation” substitute—

“the food legislation” means the Food Safety (Northern Ireland) Order 1991 and any regulations or order made (or having effect as if made) under it;.

The Consumer Protection Act 1987 (c. 43)

17.  In section 19(1) (interpretation of Part II), in the definition of “food” for “Food (Northern Ireland) Order 1989” substitute “Food Safety (Northern Ireland) Order 1991”.