PART 2Amendments to Food and Feed legislation
The Preserved Sardines (Marketing Standards) Regulations (Northern Ireland) 19902.
(1)
(2)
(3)
“8. Article 7a
Requirements relating to the marketing of preserved sardine-type products”
The Food (Lot Marking) Regulations (Northern Ireland) 19963.
(1)
(2)
(3)
In regulation 4 (Exceptions for particular types of sale and sales units) omit paragraph (f).
The Bread and Flour Regulations (Northern Ireland) 19984.
(a)
omit the definition of “flour treatment agent” and “flour additive”;
(b)
““food additive” has the meaning assigned to it by Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives as last amended by Commission Regulation (EU) 2018/1497”13; and
(c)
in the definition of “Regulation (EU) No 1169/2011” after “No 608/2004” insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.”
The Medical Food Regulations (Northern Ireland) 20005.
(1)
(2)
In regulation 2 (Interpretation) in the definition of “the Directive”—
(a)
after “Romania;” omit “and”; and
(b)
“; and
Commission Directive No. 2013/26/EU adapting certain directives in the field of food safety, veterinary and phytosanitary policy, by reason of the accession of Croatia, as amended by 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; and, Commission Delegated Regulation (EU) 2016/128 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.”15.
(3)
Omit regulation 8 (Transitional arrangements).
The Coffee Extracts and Chicory Extracts Regulations (Northern Ireland) 20016.
(1)
(2)
In regulation 2 (Interpretation) in the definition of “Regulation (EU) No 1169/2011” after “No 608/2004” insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.”.
(3)
(4)
Omit regulation 8 (Transitional provisions).
The Specified Sugar Products Regulations (Northern Ireland) 20037.
(1)
(2)
In regulation 2 (Interpretation) omit the definitions of “EEA Agreement” and “EEA State”.
(3)
In regulation 5(1) (Labelling and description of designated products) after “consumers” insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.”.
(4)
Omit regulation 11 (Transitional Provisions).
(5)
In Schedule 1 (Specified sugar products and their reserved descriptions),
(a)
in the table—
(i)
in entry 5, in column 2, in sub-paragraph (c), for “paragraph 4” substitute “paragraph 3”;
(ii)
in entry 11, in column 1 for “1. Fructose” substitute “11. Fructose”
(iii)
in entry 11, in column 2, for “paragraph (2)” substitute “paragraph 3”;
(b)
in note 7
(i)
(ii)
(6)
The Cocoa and Chocolate Products Regulations (Northern Ireland) 20038.
(1)
(2)
In regulation 2(1) (Interpretation) –
(a)
omit the definitions of “EEA Agreement” and “EEA State”;
(b)
in the definition of “Regulation (EU) No 1169/2011” after “No 608/2004” insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.”.
(3)
(4)
Omit regulation 12 (Transitional provisions).
Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations (Northern Ireland) 20039.
The Food Supplements Regulations (Northern Ireland) 200310.
(a)
(b)
(c)
“Regulation (EU) 1169/2011” after “No. 608/2004” insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council”.
The General Food Regulations (Northern Ireland) 200411.
““Regulation (EC) 178/2002” means Regulation (EC) No 178/2002 of the European Parliament and of the Council 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, as last amended by Regulation (EU) 2017/745 of the European Parliament and of the Council.”30.
The Genetically Modified Food Regulations (Northern Ireland) 200412.
(1)
(2)
““Regulation 1829/2003” means Regulation 1829/2003 of the European Parliament and of the Council on genetically modified food and feed32; as last amended by Regulation (EC) 298/2008 of the European Parliament and of the Council.”33.
(3)
Omit regulation 9 (Consequential amendments).
The Food Hygiene Regulations (Northern Ireland) 200613.
(1)
(2)
In regulation 2(1) omit ““Regulation 596/2009”,” and ““Regulation 1079/2013””.
(3)
Omit regulation 30 (Consequential amendments).
(4)
Substitute Schedule 1 (Definitions of EU legislation) with Schedule 1 to these Regulations.
(5)
In Schedule 4 (Temperature control requirements) —
(a)
in paragraph 3—
(i)
in sub-paragraph (f), for “Council Regulation 1906/90 applies”, substitute “Commission Regulation 543/2008 and Regulation 1308/2013 apply”;
(ii)
in sub-paragraph (g), for “Council Regulation 1907/90 applies”, substitute “Commission Regulation 589/2008 and Regulation 1308/2013 apply”;
(b)
““Commission Regulation 543/2008” means Commission Regulation (EC) No 543/2008 laying down detailed rules for the application of Council Regulation (EC) No 1234/2007 as regards the marketing standards for poultrymeat35;“Commission Regulation 589/2008” means Commission Regulation (EC) No 589/2008 laying down detailed rules for implementing Council Regulation (EC) No 1234/2007 as regards marketing standards for eggs36;“Regulation 1308/2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007)37;”.
(6)
Omit Schedule 7 (Consequential amendments).
The Fishery Products (Official Charges) Regulations (Northern Ireland) 200714.
(1)
(2)
In regulation 2(1) (Interpretation) —
(a)
““Directive 2004/41”, “Regulation 2406/96”, “Regulation 178/2002” “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005” and “Regulation 2015/1375” have the meanings respectively given to them in the Schedule;” and
(b)
in the definition of “third country import” for “a charge is payable under regulation 54 of the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2007” substitute “third country import means an import in respect of which a charge is payable under Part 3 of the Trade in Animals and Related Products Regulations (Northern Ireland) 2011.”.
(3)
For the Schedule (Definitions of community legislation) substitute Schedule 2 to these regulations.
The Addition of Vitamins, Minerals and Other Substances Regulations (Northern Ireland) 200715.
““the EC Regulation” means Regulation (EC) No. 1925/2006 of the European Parliament and of the Council on the addition of vitamins and minerals and of certain other substances to foods40, as last amended by Commission Regulation (EU) 2017/120341, except for Annex I or II to Regulation (EC) No. 1925/2006 which shall be construed as amended from time to time.”.
The Nutrition and Health Claims Regulations (Northern Ireland) 200716.
““the Regulation” means Regulation (EC) No. 1924/2006 of the European Parliament and of the Council on nutrition and health claims made on foods, as last amended by Commission Regulation (EU) No. 1047/201243, except for the Annex to Regulation (EC) No.1924/2006 which shall be construed as amended from time to time.”
The Quick-frozen Foodstuffs (No. 2) Regulations (Northern Ireland) 200717.
The Drinking Milk Regulations (Northern Ireland) 200818.
The Specified Products from China (Restriction on First Placing on the Market) Regulations (Northern Ireland) 200819.
(1)
(2)
(3)
Omit regulation 8 (Transitional provisions).
The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 200820.
The Official Feed and Food Controls Regulations (Northern Ireland) 200921.
(1)
(2)
In regulation 2(1) (Interpretation), omit “and “Regulation 702/2013””.
(3)
For Schedule 1 (Definitions of legislation) substitute Schedule 3 to these regulations.
(4)
“(vi)
the regulation of beef and veal labelling under the Beef and Veal Labelling Regulations (Northern Ireland) 201055,”.
The Food Irradiation Regulations (Northern Ireland) 200922.
(1)
(2)
For Schedule 3 (List of approved facilities in Member states) substitute Schedule 4 to these regulations.
(3)
For Schedule 4 (List of facilities in countries outside the European Community) substitute Schedule 5 to these regulations.
The Meat (Official Controls Charges) Regulations (Northern Ireland) 200923.
(1)
(2)
In regulation 2(1) (Interpretation) in the definition beginning “Directive 2004/41” for ““Regulation 2075//2005” and “Regulation 2076/2005”” substitute “and “Regulation 2015/1375””.
(3)
For Schedule 1 (Definitions of EU legislation) substitute Schedule 6 to these regulations.
The Plastic Kitchenware (Conditions on Imports from China) Regulations (Northern Ireland) 201124.
The Materials and Articles in Contact with Food Regulations (Northern Ireland) 201225.
(1)
(2)
In regulation 2 (Interpretation)—
(a)
in paragraph (1)—
(i)
in the definition of “Regulation 2023/2006” omit “as last amended by Commission Regulation (EC) No 282/2008”;
(ii)
in the definition of “Regulation 10/2011” after the word “means” insert “, subject to paragraph 3,”.
The Contaminants in Food Regulations (Northern Ireland) 201326.
(1)
(2)
In regulation 2 (Interpretation)-
(a)
in paragraph (1) omit the definitions of “Directive 76/621”, “Directive 80/891”, “Regulation 629/2008” and “Regulation 165/2010”;
(b)
in paragraph (2)—
(i)
omit “Directive 76/621, Directive 80/891,”;
(ii)
omit “the Directive or”;
(c)
in paragraph (4) omit “Directive 76/621, Directive 80/891,”.
(3)
Omit regulations 3 (Scope) and 4 (Controls on erucic acid).
(4)
In regulation 5 (Controls on contaminants in food)
(a)
“(1)
A person who contravenes or fails to comply with any of the EU provisions specified in paragraph (2) is guilty of an offence.”
(b)
“(3)
The level of erucic acid in a food must be determined according to sampling methods, and methods of analysis that meet the performance criteria, set out in the Annex to Commission Regulation (EU) 2015/705 laying down methods of sampling and performance criteria for the methods of analysis for the official control of the levels of erucic acid in foodstuffs and repealing Commission Directive 80/891/EEC63.”.
(5)
In regulation 6 (Penalties), omit “regulation 4(3) or”.
(6)
In regulation 8 (Application of various Articles of the Food Safety (Northern Ireland) Order 1991)—
(a)
in paragraph (1)(c)(i), omit “4(3) or”;
(b)
in paragraph (2), in the application and modification of Article 8(1) of the Food Safety (Northern Ireland) Order 1991, omit “4(1) or”.
The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 201327.
(1)
(2)
In regulation 2(1) (Interpretation) in the definition of “Regulation 1333/2008”—
(a)
(b)
The Fruit Juices and Fruit Nectars Regulations (Northern Ireland) 201328.
(1)
(2)
Omit regulation 22 (Transitional provisions).
(3)
In Schedule 7 (Specification for fruit nectar)—
(a)
in paragraph 1, for “juice” substitute “product”;
(b)
in paragraph 2, for “juices” substitute “products”.
(4)
“10.
Plant proteins for clarification from—
(a)
wheat,
(b)
peas,
(c)
potatoes, or
(d)
any combination of them.”.
The Food Information Regulations (Northern Ireland) 201429.
(1)
(2)
In regulation 2(1) (Interpretation) —
(a)
(b)
(c)
(d)
for the definition of “Regulation 828/2014” substitute “”Regulation 828/2014” means, subject to regulation 2(3) and Schedule 1, Commission Implementing Regulation (EU) No. 828/2014 on the requirements for the provision of information to consumers on the absence or reduced presence of gluten in food.”
(3)
(4)
(5)
In Schedule 5 (Improvement notices – specified provisions) part 2—
(a)
(b)
The Products Containing Meat etc. Regulations (Northern Ireland) 201430.
(1)
(2)
In regulation 2 (Interpretation)—
(a)
in the definition of “FIC” after “No.608/2004”, insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council”; and
(b)
in the definition of “regulated product” sub-paragraph (b) “mechanically separated meat” after “Council” insert “as last amended by Commission Regulation (EU) 2017/1981”.
(3)
The Honey Regulations (Northern Ireland) 201531.
(1)
(2)
In regulation 3 (General interpretation)—
(a)
in the definition of “FIC” after “No. 608/2004”, insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council”; and
(b)
The Country of Origin of Certain Meats Regulations (Northern Ireland) 201532.
The Food Safety (Information and Compositional Requirements) Regulations (Northern Ireland) 201633.
The Caseins and Caseinates Regulations (Northern Ireland) 201634.
(a)
in the definition of “FIC” after “No. 608/2004”, insert “as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council”; and
(b)
The Animal Feed (Composition, Marketing and Use) Regulations (Northern Ireland) 201635.
(1)
(2)
““Directive 82/475” means, subject to regulation 2(3), Commission Directive 82/475/EEC laying down the categories of feed materials which may be used for the purposes of labelling compound feeding stuffs for pet animals as last amended by Commission Directive 98/67/EEC;87“Directive 2002/32” means, subject to regulation 2(3), Directive 2002/32 of the European Parliament of the Council on undesirable substances in animal feed as last amended by Commission Regulation (EU) 2017/2229;88“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council 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, as last amended by Regulation (EU) 2017/745 of the European Parliament and of the Council;89“Regulation 1829/2003” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed as last amended by Regulation (EC) No. 298/2008;90“Regulation 1831/2003” means, subject to regulation 3(1), Regulation (EC) No 1831/2003 of the European Parliament and of the Council on additives for use in animal nutrition as last amended by Commission Regulation (EU) No. 2015/2294;91“Directive 2008/38” means, subject to regulation 2(3), Commission Directive 2008/38/EC establishing a list of intended uses of animal feedingstuffs for particular nutritional purposes as last amended by Commission Regulation (EU) No 1123/2014;92“Regulation 767/2009” means, subject to regulation 2(3), Regulation (EC) No 767/2009 of the European Parliament and of the Council of 13 July 2009 on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC as last amended by Commission Regulation (EU) 2017/2279;93
(3)
In regulation 12(1) (Offence of failing to comply with any specified provision of Regulation 767/200) for “Subject to the transitional provisions contained in Article 32, a” substitute “A”.
The Animal Feed (Hygiene, Sampling etc. and Enforcement) Regulations (Northern Ireland) 201636.
(1)
(2)
““Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules as last amended by Commission Regulation (EU) 2018/445;95“Regulation 183/2005” means subject to regulation 2(5) Regulation (EC) No. 183/2005 of the European Parliament and of the Council laying down requirements for feed hygiene as last amended by Commission Regulation (EU) 2015/1905;96“Regulation 152/2009” means subject to regulation 2(5) Regulation (EC) No. 152/2009 laying down the methods of sampling and analysis for the official control of feed as last amended by Commission Regulation (EU) 2017/771;97“Regulation 767/2009” means Regulation (EC) 767/2009 of the European Parliament and of the Council on the placing on the market and use of feed, amending European Parliament and Council Regulation (EC) No 1831/2003 and repealing Council Directive 79/373/EEC, Commission Directive 80/511/EEC, Council Directives 82/471/EEC, 83/228/EEC, 93/74/EEC, 93/113/EC and 96/25/EC and Commission Decision 2004/217/EC as last amended by Commission Regulation (EU) 2017/2279;98
(3)
In regulation 4(2)(a) (Competent authorities) for “2(e)” substitute “2(f)”.