The Official Feed and Food Controls Regulations (Northern Ireland) 2009

PART 1 N.I. PRELIMINARY

Citation and commencement N.I.

1.  These Regulations may be cited as the Official Feed and Food Controls Regulations (Northern Ireland) 2009 and come into operation on 25th January 2010.

Commencement Information

I1 Reg. 1 in operation at 25.1.2010, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations —

“the Agency” means the Food Standards Agency;

“authorised officer” —

(a)

in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing for the purposes of regulation 13; and

(b)

in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to its enforcement responsibilities under regulation 16;

“competent authority” means, other than in regulations 22 and 23, an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;

[F1 “Directive 2004/41”, “Regulation 999/2001”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 1020/2008”, “Regulation 669/2009”; “Regulation 211/2013; F2 ... have the meanings respectively given to them in Schedule 1;]

“the Department” means the Department of Health, Social Services and Public Safety;

“feed authority” means the authority identified in section 86(3) of the Agriculture Act 1970(1) as having a duty to enforce that Act;

[F3 “the Import Provisions” means Part 3 of these Regulations, Article 14 of Regulation 882/2004 in so far as it applies to official controls to verify compliance with aspects of feed or food law not covered by Directive 97/78/EC(, Articles 15 to 24 of Regulation 882/2004, Regulation 669/2009, Regulation 211/2013 and Regulation 704/2014 amending Regulation 211/2013 on certification requirements for import into the Union of sprouts and seeds intended for the production of sprouts;]

“the Official Control Regulations” means these Regulations and Regulation 882/2004;

“the Order” means the Food Safety (Northern Ireland) Order 1991(2)

“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

“primary production” has the meaning it bears in Regulation 852/2004;

“relevant enforcement authority” means a body which, by virtue of regulation 16, is made responsible for executing and enforcing any provision of Part 2;

“relevant feed law” has the meaning given to it in Schedule 2;

“relevant food law” has the meaning given to it in Schedule 3.

(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Order has the meaning it bears in the Order.

(3) Any expression used both in these Regulations and in Regulation 178/2002, Regulation 882/2004 or Regulation 669/2009 has the meaning it bears in Regulation 178/2002, Regulation 882/2004, or Regulation 669/2009 as the case may be.

(4) The Interpretation Act 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

[F4 (5) In these Regulations, any reference to an EU instrument defined in Schedule 1 is a reference to that instrument as amended from time to time.]

Textual Amendments

F1 Words in reg. 2(1) substituted (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 3(2)(a)

F2 Words in reg. 2(1) omitted (11.2.2019) by virtue of The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 21(2)

F3 Words in reg. 2(1) substituted (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 3(2)(b)

F4 Reg. 2(5) substituted (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 3(3)

Commencement Information

I2 Reg. 2 in operation at 25.1.2010, see reg. 1

(1)

1970 c. 40

(2)

S.I. 1991/762 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 ,S.R. 2004 No. 482 and S.R. 2004 No.505

(3)

1954 c.33 (N.I.)