Application of various provisions of the Food Safety (Northern Ireland) Order 1991 and sampling and analysis
5.—(1) The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part thereof shall be construed as a reference to these Regulations –
(a)Article 19 (offences due to fault of another person);
(b)Article 34(1) (obstruction etc. of officers);
(c)Article 34(2), with the modification that the reference to “any such requirement as is mentioned in paragraph (1)(b)” shall be deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub-paragraph (b);
(d)Article 36(1) (punishment of offences), in so far as it relates to offences under Article 34(1) as applied by sub-paragraph (b); and
(e)Article 36(2) and (3)(1), in so far as it relates to offences under Article 34(2) as applied by sub-paragraph (c).
(2) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations with the modifications that –
(a)for paragragh (b)(ii) there shall be substituted the following provision –
“(ii)is found by him at any premises which he is authorised to enter by virtue of regulation 4(2)(b) of the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005;”;
(b)paragraph (c) shall be omitted; and
(c)for “any of the provisions of this Order or of regulations or orders made under it” in paragraph (d) there shall be substituted “the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005”.
(3) Article 30 (analysis etc. of samples procured by authorised officer of a district council) shall apply for the purposes of these Regulations with the modification that in paragraph (1) for “An authorised officer of a district council who has procured a sample under Article 29 shall” there shall be substituted “An authorised officer of a district council who has procured a sample under Article 29 as applied for the purposes of the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005 by regulation 5(2) thereof shall”.
(4) Where a sample procured under Article 29 of the Order as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with the provisions of Article 30 of the Order as so applied by paragraph (3), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the district council.
Article 36(3) was amended by S.R. 2004 No. 505