Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004

Citation and commencement

1.  These Regulations may be cited as the Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004 and shall come into operation on 15th March 2004.

Interpretation

2.—(1) In these Regulations –

“the Agency” means the Food Standards Agency;

“novel food” and “novel food ingredients” have the meaning given in Article 1(2) of Regulation (EC) No. 258/97(1);

“the Order” means the Food Safety (Northern Ireland) Order 1991;

“Regulation (EC) No. 258/97” means Regulation (EC) No. 258/97 of the European Parliament and of the Council concerning novel foods and novel food ingredients;

“specified Community provision” means a provision of Regulation (EC) No. 258/97 specified in column 1, and described in column 2, of the Schedule.

(2) Other expressions used in these Regulations have the same meanings as in Regulation (EC) No. 258/97, and in these Regulations any reference to a numbered article is a reference to the article so numbered in Regulation (EC) No. 258/97.

Requests relating to novel foods and novel food ingredients

3.  Any request made pursuant to Article 4.1 of Regulation (EC) No. 258/97 shall be submitted for processing to the Agency which shall be the food assessment body for the purposes of that Regulation.

Enforcement

4.  Each district council shall, within its district, enforce and execute the provisons of Regulation (EC) No. 258/97 and these Regulations.

Offences and penalties

5.  Any person who contravenes any of the specified Community provisions shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of various provisions of the Order

6.  The following provisions of the Order shall apply for the purposes of these Regulations and any reference in those provisions to the Order shall be construed for the purposes of these Regulations as a reference to these Regulations –

(a) Articles 2(4) and 3 (extended meaning of sale etc.);

(b) Article 4 (presumptions that food intended for human consumption);

(c) Article 19 (offences due to fault of another person);

(d) Article 20 (defence of due diligence) as it applies for the purposes of Article 7, 13 or 14 of the Order;

(e) Article 30(8) (which relates to documentary evidence);

(f) Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2).

Application of Articles 33 and 34 of the Order

7.  Articles 33 (powers of entry) and 34 (obstruction, etc., of officers) of the Order shall apply for the purposes of these Regulations as they apply for the purposes of the Order, and any reference in paragraph (1) of each of those Articles to the Order shall be construed for the purposes of these Regualtions as including a reference to the specified Community provision.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th February 2004.

L.S.

Deirdre Kenny

A Senior Officer of the

Department of Health, Social Services and Public Safety