The Caseins and Caseinates Regulations (Northern Ireland) 2016

Citation and commencement N.I.

1.  These Regulations may be cited as the Caseins and Caseinates Regulations (Northern Ireland) 2016 and come into operation on 22nd December 2016.

Interpretation N.I.

2.  In these Regulations—

“casein product” means edible acid casein, edible caseinate or edible rennet casein;

“edible acid casein” means a milk product obtained by separating, washing and drying the acid-precipitated coagulum of skimmed milk and/or of other products obtained from milk and complying with the standards set out in Schedule 1;

“edible caseinate” means a milk product obtained by action of edible casein or edible casein curd coagulum with neutralizing agents, followed by drying and complying with the standards set out in Schedule 2;

“edible rennet casein” means a milk product obtained by separating, washing and drying the coagulum of skimmed milk and/or of other products obtained from milk; the coagulum is obtained through the reaction of rennet or other coagulating enzymes and complying with the standards set out in Schedule 3;

“FIC” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004 [F1 as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council] M1 ;

“food business operator” has the meaning given in Article 3 of Regulation (EC) No 178/2002 of the European Parliament and of the Council;

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

“Regulation (EC) No 1332/2008” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes and amending Council Directive 83/417/EEC, Council Regulation (EC) No 1493/1999, Directive 2000/13/EC, Council Directive 2001/112/EC and Regulation (EC) No 258/97 [F2 as last amended by Commission Regulation (EU) No 1056/2012] M2 ; and

“sell” includes possess for sale and offer, expose or advertise for sale.

Textual Amendments

F1 Words in reg. 2 inserted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 34(a)

F2 Words in reg. 2 inserted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 34(b)

Marginal Citations

M1 OJ. No. L304, 22.11.2011, p18 as last amended by Commission Delegated Regulation (EU) No 78/2014 (OJ No. L27, 30.1.2014 p.7)

M2 OJ No L 354, 3.12.2008, p 7, last amended by Commission Regulation (EU) No 1056/2012 (OJ No L 313, 13.11.2012, p 9)

Scope N.I.

3.  These Regulations apply to caseins and caseinates intended for sale for human consumption.

Restriction on use of caseins and caseinates in the preparation of food N.I.

4.—(1) A person must not use any casein or caseinate in the preparation of food unless it complies with the standards set out in Schedule 4.

(2) A person marketing caseins or caseinates which do not comply with paragraph (1) for a purpose other than the caseins or caseinates being used in the preparation of food, must indicate explicitly or by clear implication the nature, quality or intended use of the product.

General restriction on marketing and use of casein products N.I.

5.—(1) A person must not sell any food with a label, whether or not attached to or printed on the package or container, which includes the name of any casein product unless the requirements set out in paragraph (4) are complied with.

(2) A person must not display any ticket or notice with any food offered or exposed for sale which includes the name of any casein product unless the requirements set out in paragraph (4) are complied with.

(3) A person must not publish, or be a party to the publication of, any advertisement for food which includes the name of a casein product unless the requirements set out in paragraph (4) are complied with.

(4) The requirements are that —

(a) the food is or contains a casein product; or

(b) the name is used in such a context as to indicate explicitly or by clear implication that the food is not a casein product and does not contain one.

Labelling of casein products N.I.

6.—(1) Without prejudice to the provisions of FIC, a person must not sell any casein product unless it is marked or labelled with–

(a) the name of that casein product as defined in regulation 2 and in the case of edible caseinate with an indication of the cation or cations listed in Schedule 2, paragraph 4 (food additives);

(b) in the case of casein products sold as mixtures—

(i) the words “mixture of” followed by the names of the casein products which make up the mixture, in descending order of weight;

(ii) an indication of the cation or cations listed in Schedule 2 paragraph 4 (food additives) in the case of edible caseinates;

(iii) in the case of mixtures containing edible caseinates, the protein content;

(c) the net quantity of the casein product, expressed in kilograms or grams;

(d) the name or business name and address of the food business operator under whose name or business name the product is marketed or, if that food business operator is not established in the European Union, the importer into the European Union market;

(e) in the case of a casein product imported from countries outside the European Union, the name of the country of origin; and

(f) the lot identification of the casein product or the date of production.

(2) The particulars required by paragraph (1) must be easily visible, clearly legible, indelible and given in English, either exclusively or in addition to any other language.

(3) The particulars required by paragraph (1)(b)(iii), (c), (d) and (e) may be given in a document accompanying the product.

(4) Without prejudice to the provisions of FIC, where any casein product exceeds the minimum milk protein content set out for that product in—

(a) entry 2 of the table in paragraph 1 of Schedule 1 in relation to edible acid caseins

(b) entry 2 of the table in paragraph 1 of Schedule 2 in relation to edible caseinates; or

(c) entry 2 of the table in paragraph 1 of Schedule 3 in relation to edible rennet casein;

a person may mark that fact on the package, label or container of that product.

Enforcement N.I.

7.  It is the duty of each district council within its district to enforce and execute these Regulations.

Application and modification of provisions of the Order N.I.

8.—(1) Article 9(1) and (2) of the Order (improvement notices) apply for the purposes of these Regulations with the modification (in the case of Article 9(1) set out in Schedule 5 Part 1 for the purposes of;

(a) enabling an improvement notice to be served on a person requiring that person to comply with any of the provisions of regulations 4, 5 or 6; and

(b) making the failure to comply with a notice referred to in subparagraph (a) an offence.

(2) The provisions of the Order specified in column 1 of the table in Part 2 of Schedule 5 apply, with the modifications (if any) specified in column 2 of that table for the purpose of these Regulations.

(3) Paragraphs (1) and (2) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in paragraph (1).

Revocations N.I.

9.  The Caseins and Caseinates Regulations (Northern Ireland) 1986 M3 and the Caseins and Caseinates (Amendment) Regulations (Northern Ireland) 1990 M4 are revoked.

Marginal Citations

M3 S.R. 1986 No. 40

M4 S.R. 1990 No. 37

Sealed with the official seal of the Department of Health on 23rd November 2016.

L.S.

Dr Paddy Woods

A senior officer of the

Department of Health