The Food Additives Regulations (Northern Ireland) 2009

Application of various Articles of the Food Safety (Northern Ireland) Order 1991

16.—(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) Articles 2(4) (extended meaning of sale) and 3 (application to food offered as prizes etc.);

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

(c) Article 20 (defence of due diligence)(1) with the modification that—

(i) paragraphs (2) to (4) shall apply in relation to an offence under these Regulations as they apply in relation to an offence under Article 13 or 14, and

(ii) in paragraph (4)(b) the references to “sale” are deemed to include references to “placing on the market”;

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

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

(f) Article 36(1) (punishment of offences), in so far as it relates to offences under Article 34(1) as applied by paragraph (3)(b);

(g) Article 36(2) and (3)(2), in so far as it relates to offences under Article 34(2) as applied by paragraph (3)(c).

(2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the references in Article 33(1) to the Order are to be construed as including references to Regulation 1333/2008.

(3) 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 is to be construed as including a reference to Regulation 1333/2008 and these Regulations—

(a) Article 4 (presumptions that food intended for human consumption) with the modification that the references to “sold” and “sale” are deemed to include references to “placed on the market” and “placing on the market” respectively;

(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)” is deemed to be a reference to any such requirement as is mentioned in Article 34(1)(b) as applied by sub-paragraph (b).

(4) Article 35 of the Order (time limit for prosecutions) shall apply to offences under these Regulations as it applies to offences punishable under Article 36(2) of the Order.

(1)

Article 20 was amended by S.R. 2004 No. 505

(2)

Article 36(3) was amended by S.R. 2004 No. 505