Explanatory Note
(This note is not part of the Regulations.)
These Regulations contain measures relating to the control of certain types of food imported into Northern Ireland which are not in free circulation within the European Community. They replace the general provisions of the Imported Food Regulations (Northern Ireland) 1991 with a new set of provisions for all food other than exempt products of animal origin. The Regulations also contain amendments to the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 which implement Commission Directive 96/3/EC which grants a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs (O.J. No. L.175, 19.7.93, p. 1).
Regulation 2 is an interpretation provision. Regulation 3 explains the scope of the Regulations. The Regulations apply to all imported food other than exempt products of animal origin — a term which is defined with reference to the list of exempt products in Schedule 1 to the Regulations — if that food is not in free circulation within the European Community or was not in free circulation in the European Community when it first arrived in the British Islands. Regulation 3(3) explains who may be considered an importer for the purposes of these Regulations.
Regulation 4 contains the prohibition on importation of food which comes within the scope of these Regulations and fails to comply with food safety requirements or is unsound or unwholesome.
Regulation 5 provides for enforcement of the Regulations, and includes provisions relating to deferred examinations.
Regulation 6 deals with the procedures relating to examination of imported food which comes within the scope of the Regulations. It includes a requirement that the importer must provide all such facilities as the authorised officer may reasonably require (regulation 6(1)), and a detention notice procedure where the authorised officer considers that he should procure a sample of the importer’s food (regulation 6(2) to (6)).
Regulation 7(1) to (4) contains a notice procedure for allowing the re-export of food which appears to fail to comply with regulation 4 or for enabling the district council to permit the import of such food for purposes other than human consumption. Alternatively, the district council may seek to have such food destroyed in accordance with established Food Safety (Northern Ireland) Order 1991 procedures (regulation 7(5) and (6)).
Regulation 8 deals with offences and penalties, and regulation 9 deals with the application, in some cases with modifications, of certain provisions of the Food Safety (Northern Ireland) Order 1991.
Regulation 10 and Schedule 2 cover amendments to the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995. The amendments implement a corrigendum (O.J. No. L208, 5.9.95, p. 20) to paragraph 2(2) of Chapter IV of the Annex to Council Directive 93/43/EEC on the hygiene of foodstuffs. As indicated above, Commission Directive 96/3/EC, which contains derogations from paragraph 2(2) of Chapter IV of the Annex to Council Directive 93/43/EEC, is also implemented by virtue of these Regulations. The derogations relate to the transportation in sea-going vessels of liquid oils and fats, and the implemented provisions of Commission Directive 96/3/EC also contain new documentary requirements which have to be met by the captains of such vessels.
Regulation 11 is a revocations provision.