The Quick-frozen Foodstuffs (England) Regulations 2007

Interpretation

2.—(1) In these Regulations-

“the Act” means the Food Safety Act 1990(1);

“authorised officer” in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under these Regulations;

“catering establishment” has the meaning that it bears in the Food Labelling Regulations 1996(2);

“Directive 89/108” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption(3);

“Directive 92/2” means Commission Directive 92/2/EEC laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption(4);

“enforcement authority” means the authority which, by virtue of regulation 9(5), is responsible for executing and enforcing these Regulations;

“food” has the meaning that it bears in Regulation 178/2002;

“food authority” has the meaning it bears by virtue of section 5(1) of the Act, except that it does not include the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple);

“local distribution”, in relation to any product, means that part of the distribution chain in which the product is delivered to the point of placing on the market for retail purposes (such placing on the market to include placing on the market to a catering establishment);

“placing on the market” has the meaning that it bears in Regulation 178/2002 and “placed on the market” and “place on the market” shall be construed accordingly;

“prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations 1996 but with the words “placed on the market” being substituted for the words “offered for sale”;

“quick-frozen foodstuff” means a product–

(a)

comprising food which has undergone a freezing process known as “quick-freezing” whereby the zone of maximum crystallisation is crossed as rapidly as possible, depending on the type of product; and

(b)

which is labelled for the purpose of placing on the market to indicate that it has undergone that process,

but does not include ice-cream or any other edible ice;

“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and 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;

“Regulation 37/2005” means Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption(5);

“retail display cabinet” means any cabinet from which a quick-frozen foodstuff is placed on the market for retail purposes or in the course of a cash-and-carry business;

“specified Community provision” means any provision of Regulation 37/2005 that is specified in column 1 of Schedule 1 and whose subject-matter is described in column 2 of that Schedule; and

“ultimate consumer” has the meaning that it bears in the Food Labelling Regulations 1996.

(2) Unless the context otherwise requires, any expression used both in these Regulations and in Directive 89/108, Directive 92/2 or Regulation 37/2005 has the meaning that it bears in Directive 89/108, Directive 92/2 or Regulation 37/2005, as the case may be.

(3) Where any functions under the Act are assigned—

(a) by an order under section 2 or 7 of the Public Health (Control of Disease) Act 1984(6), to a port health authority;

(b) by an order under section 6 of the Public Health Act 1936(7), to a joint board for a united district; or

(c) by an order under paragraph 15(6) of Schedule 8 to the Local Government Act 1985(8), to a single authority for a metropolitan country,

any reference in these Regulations to a food authority shall be construed, so far as relating to those functions, as a reference to the authority to whom they are so assigned.

(1)

1990 c.16.

(2)

S.I. 1996/1499, to which there are amendments not relevant to these Regulations.

(3)

OJ No. L40, 11.2.89, p.34, as last amended as at the making of this instrument by Council Directive 2006/107/EC adapting Directive 89/108/EEC relating to quick-frozen foodstuffs for human consumption and Directive 2000/13/EC of the European Parliament and of the Council relating to the labelling, presentation and advertising of foodstuffs, by reason of the accession of Bulgaria and Romania (OJ No. L363, 20.12.2006, p.411).

(4)

OJ No. L34, 11.2.92, p.30.

(5)

OJ No. L10, 13.1.2005, p.18.

(6)

1984 c.22; section 7(3)(d) was substituted by paragraph 27 of Schedule 3 to the Food Safety Act 1990 (1990 c.16).

(7)

1936 c.49; section 6 is to be read with paragraph 1 of Schedule 3 to the Food Safety Act 1990.

(8)

1985 c.51; paragraph 15(6) was amended by paragraph 31(b) of Schedule 3 to the Food Safety Act 1990.