Statutory Rules of Northern Ireland

2007 No. 301

Food

The Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007

Made

14th June 2007

Coming into operation

7th August 2007

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a), (e) and (f), 16(2), 25(1)(a) and (3), and 47(2) of the Food Safety (Northern Ireland) Order 1991(2).

In accordance with section 47(3A) of that Order, it has had regard to relevant advice given by the Food Standards Agency.

As required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Citation and commencement N.I.

1.  These Regulations may be cited as the Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 2007 and shall come into operation on 7th August 2007.

Commencement Information

I1 Reg. 1 in operation at 7.8.2007, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations —

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

“the EC Regulation” means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods(4).

(2) Expressions used in these Regulations and in the EC Regulation have the same meaning in these Regulations as they do in that Regulation.

(3) Any reference to a numbered Article or Annex is a reference to the Article or Annex so numbered in the EC Regulation.

Commencement Information

I2 Reg. 2 in operation at 7.8.2007, see reg. 1

Enforcement N.I.

3.  Each district council within its district shall enforce and execute the provisions of these Regulations and of the EC Regulation.

Commencement Information

I3 Reg. 3 in operation at 7.8.2007, see reg. 1

Offences and penalties N.I.

4.—(1) Subject to the transitional measures contained in Article 18 (relating to foods placed on the market before 1 July 2007), any person who contravenes or fails to comply with the provisions of the EC Regulation specified in paragraph (2) is guilty of an offence and liable —

(a) on conviction on indictment to a term of imprisonment not exceeding two years or to a fine or both;

(b) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.

(2) The specified provisions referred to in paragraph (1) are —

(a) Article 3(1) (requirement that only vitamins or minerals listed in Annex I and in form listed in Annex II may be added to food) as read with Article 17(1) (transitional application of national rules);

(b) Article 4 (prohibition on addition of vitamins and minerals to certain foods);

(c) Article 5(2) (requirement to observe purity criteria);

(d) Article 6(6) (requirement for added vitamins and minerals to be in the food in at least a significant amount as defined); and

(e) Article 7(1), (2) and (3) (restrictions and conditions applying to labelling, presentation and advertising of foods to which vitamins or minerals have been added).

Commencement Information

I4 Reg. 4 in operation at 7.8.2007, see reg. 1

Application of various provisions of the Order N.I.

5.  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 of it is to be construed as a reference to these Regulations —

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

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

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

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

(e) Article 21 (defence of publication in the course of business);

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

(g) Article 35 (time limit for prosecution);

Commencement Information

I5 Reg. 5 in operation at 7.8.2007, see reg. 1

Obstruction of officers and provision of information etc N.I.

6.—(1) Any person who —

(a) intentionally obstructs any person acting in the execution of these Regulations; or

(b) without reasonable cause, fails to give to any person acting in the execution of these Regulations any assistance or information which that person may reasonably require of him;

is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding level 5 on the standard scale or both.

(2) Any person who in purported compliance with any requirement mentioned in paragraph (1)(b), knowingly or recklessly provides information that is false or misleading in any material particular, is guilty of an offence and liable —

(a) on conviction on indictment, to a term of imprisonment not exceeding two years or to a fine or both;

(b) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum or both.

(3) Nothing in paragraph (1)(b) shall be construed as requiring any person to answer any question or give any information if to do so might incriminate him.

Commencement Information

I6 Reg. 6 in operation at 7.8.2007, see reg. 1

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 14th Month 2007.

Don Hill

A senior officer of the Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision for the execution and enforcement of Regulation (EC) No 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods (OJ No. L404, 30.12.2006, p.26), “the EC Regulation”.

The Regulations —

(a) specify the enforcement authorities (regulation 3);

(b) provide that, subject where relevant to the transitional arrangements specified in the EC Regulation, it is an offence —

(i) to fortify foods with vitamins or minerals other than those permitted by the EC Regulation and in the forms specified therein;

(ii) to add vitamins or minerals to certain specified foods;

(iii) to fail to adhere to the relevant purity criteria in the manufacture of vitamin formulations or mineral substances;

(iv) to add a vitamin or mineral to foods in less than a significant amount, as that term is defined in Community legislation; and

(v) to fail to comply with certain requirements for the labelling and presentation of foods to which vitamins or minerals have been added (regulation 4);

(c) apply various provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of these Regulations (regulation 5); and

(d) provide that, subject to certain limitations, it is an offence to obstruct, fail to give information to or intentionally mislead anyone executing and enforcing these Regulations (regulation 6).

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R. 2004 No.482 and S.R. 2004 No.505

(3)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3)

(4)

OJ No. L404, 30.12.2006, p.26