Scope
3.—(1) Subject to paragraphs (2) and (3), these Regulations apply to food which is ready for delivery to the ultimate consumer or to a catering establishment.
(2) These Regulations shall not apply in respect of any food which is –
(a)not intended for sale for human consumption; or
(b)marked or labelled with a clear indication that the food is intended exclusively for consumption by babies or young children.
(3) Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is –
(a)brought into Northern Ireland from –
(i)an EEA State (other than the United Kingdom), or
(ii)another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in an EEA State; or
(b)brought into Northern Ireland from –
(i)a member State (other than the United Kingdom), or
(ii)another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in a member State, or in which it was in free circulation and lawfully sold.
(4) For the purposes of paragraph (3) –
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area(1) signed at Oporto on 2nd May 1992 as adjusted by the Protocol(2) signed at Brussels on 17th March 1993;
“free circulation” has the same meaning as in Article 24 of the Treaty establishing the European Community;
“member State” means a State which is a member of the European Community.
O.J. No. L1, 3.1.94, p. 1
O.J. No. L1, 3.1.94, p. 571