Citation and commencementN.I.

1.  These Regulations may be cited as the Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 2016 and come into operation on 20th July 2016.

InterpretationN.I.

2.—(1) In these Regulations—

[F1“Delegated Regulation 127” means Commission Delegated Regulation (EU) 2016/127 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for infant formula and follow-on formula and as regards requirements on information relating to infant and young child feeding;

Delegated Regulation 128” means Commission Delegated Regulation (EU) 2016/128 of 25 September 2015 supplementing Regulation (EU) No 609/2013 of the European Parliament and of the Council as regards the specific compositional and information requirements for food for special medical purposes;]

[F2“the EU Regulation” means, subject to regulation to 2(2), Regulation (EU) No 609/2013 of the European Parliament and of the Council, on food intended for infants and young children, food for special medical purposes, and total diet replacement for weight control and repealing Council Directive 92/52/EEC, Commission Directives 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and of the Council and Commission Regulations (EC) No 41/2009 and (EC) No 953/2009 as last amended by Commission Delegated Regulation 2017/1091;]

[F3“food for special medical purposes” has the same meaning in these Regulations as in the EU Regulation;

“infant” means a child under the age of 12 months;]

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

[F4“specified EU requirement” means any provision of the EU Regulation or Delegated Regulation 127 or Delegated Regulation 128 specified in column 1 of Schedule 1, as read with the provisions specified in the corresponding entry in column 2.]

(2) Any reference to Article 2(2) or to a specified EU requirement is a reference to that provision as amended from time to time.

(3) The Interpretation Act (Northern Ireland) 1954 M1 applies to these Regulations as it applies to an Act of the Assembly

[F5(4) Any reference to a provision of Delegated Regulation 127 or Delegated Regulation 128 contained in the table in Schedule 1 is a reference to that provision as amended from time to time.]

[F6(5) Any expression used in both these Regulations and in Delegated Regulation 127 or Delegated Regulation 128 has the same meaning it bears in Delegated Regulation 127 or Delegated Regulation 128, as the case may be.]

Textual Amendments

Marginal Citations

EnforcementN.I.

3.  It is the duty of each district council within its district to enforce these Regulations.

Offence and penaltyN.I.

4.  A person who fails to comply with Article 9(2) of the EU Regulation (substances in dangerous quantities) as read with Articles 1(1) and 4(1) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Application of provisions of the OrderN.I.

5.—(1) Articles 9(1) and (2) of the Order (improvement notices) apply, with the modification (in the case of Article 9(1)) specified in Part 1 of Schedule 2, for the purposes of enabling an improvement notice to be served on a person requiring that person to comply with a specified EU requirement and making the failure to comply with an improvement notice an offence.

(2) Article 33 of the Order (powers of entry) applies, with the modifications (in the case of Article 33(1)) specified in Part 1 of Schedule 2, for the purposes of enabling an authorised officer—

(a)to exercise a power of entry to ascertain whether there is, or has been, any contravention of a specified EU requirement;

(b)to exercise a power of entry to ascertain whether there is any evidence of any contravention of a specified EU requirement; and

(c)when exercising a power of entry under the provisions of Article 33 as applied by this paragraph, to exercise the powers in paragraphs (6) and (7) relating to records.

(3) Article 37 (appeals) and Article 38 (appeals against improvement notices) of the Order apply, with the modifications specified in Part 1 of Schedule 2, for the purpose of enabling a decision to serve a notice referred to in paragraph (1) to be appealed.

(4) The provisions of the Order specified in column 1 of the table in Part 2 of Schedule 2 apply, with the modifications specified in column 2 of that Part.

(5) Paragraphs (1) to (4) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in those paragraphs.

(6) In this regulation “authorised officer” has the same meaning as in Article 2(2)(a) of the Order.

Amendments to Statutory RulesN.I.

6.  Schedule 3 has effect.

RevocationN.I.

7.  The following Regulations are revoked—

(a)the Notification of Marketing of Food for Particular Nutritional Uses Regulations (Northern Ireland) 2007 M2;

(b)Regulations 26 and 27 of the Infant Formula and Follow on Formula Regulations (Northern Ireland) 2007 M3; and

(c)The Food for Particular Nutritional Uses (Miscellaneous Amendments) Regulations (Northern Ireland) 2010 M4.

Marginal Citations

Transitional ArrangementsN.I.

[F78.—(1) Infant Formula and Follow on Formula that does not comply with any specified provision of Delegated Regulation 127 specified in Schedule 1 may continue to be marketed until stocks of such food are exhausted provided that—

(a)it complies with the provisions of the EU Regulation specified in Schedule 1;

(b)it was placed on the market or labelled—

(i)before 22nd February 2020; or

(ii)before 22nd February 2021 in the case of infant formula and follow-on formula manufactured from protein hydrolysates, and

(c)the requirements specified in the following provisions of the Infant Formula and Follow on Formula Regulations (Northern Ireland) 2007 are met —

(i)regulation 3(1) (prohibition on the marketing of infant formula unless certain conditions are met) in the case of infant formula; or

(ii)regulation 3(2) (prohibition on the marketing of follow-on formula unless certain conditions are met) in the case of follow on formula.

(2) Food for special medical purposes that does not comply with any specified provision of Delegated Regulation 128 specified in Schedule 1 may continue to be marketed until stocks of such food are exhausted provided that—

(a)it complies with the provisions of the EU Regulation specified in Schedule 1;

(b)it was placed on the market or labelled—

(i)before 22nd February 2019; or

(ii)before 22nd February 2020 in the case of food for special medical purposes developed to satisfy the nutritional requirements of infants, and

(c)the requirements specified in the following provisions of the Medical Food Regulations (Northern Ireland) 2000 are met-

(i)regulation 3(1) (restrictions on sale of a medical food);

(ii)regulation 3(2) (restrictions on sale of a medical food of a particular type).]

Textual Amendments

Sealed with the official seal of the Department of Health on 27th June 2016.

L.S.

Julie Thompson

A senior officer of the

Department of Health