2007 No. 498

food

The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007

Made

Coming into operation-

The Department of Health, Social Services and Public Safety1 makes the following Regulations in exercise of the powers conferred by Articles 15(1)(e), 16(1), 25(1)(a), and 47(2) of the Food Safety (Northern Ireland) Order 19912.

It has had regard to relevant advice given by the Food Standards Agency as required by Article 47(3A) of that Order.

There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council3 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.

Citation and commencement1

These Regulations may be cited as the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 and come into operation on 30th December 2007.

Amendment of the Food Labelling Regulations (Northern Ireland) 19962

1

The Food Labelling Regulations (Northern Ireland) 19964 are amended in accordance with paragraphs (2) and (3).

2

In regulation 50 (transitional provision), after paragraph (13) insert the following —

14

In any proceedings for an offence under regulation 44(a) it shall be a defence to prove that —

a

the food concerned was sold before 23 December 2008 or marked or labelled before that date; and

b

the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2(3) of the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 had not been in operation when the food was sold.

3

In Schedule AA1 (allergenic ingredients) —

a

after paragraph 2 insert “2(a). Molluscs and products thereof”;

b

after paragraph 6 insert “6(a). Lupin and products thereof”.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th December 2007.

seal_r00001Andrew McCormickA senior officer of the Department of Health, Social Services and Public Safety
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations further amend the Food Labelling Regulations (Northern Ireland) 1996 (“the principal Regulations”).

These Regulations implement Commission Directive No. 2006/142/EC (OJ No. L368, 23.12.2006, pp.110-111) amending Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs. Two new ingredients are added to that list.