Food Safety (General Food Hygiene) (Amendment) Regulations (Northern Ireland) 2001

Made: 27th February 2001

Coming into operation—

The Department of Health, Social Services and Public Safety[^f00001] in exercise of the powers conferred on it by Articles 15(1)(d) and (f) and (3), 18(1)(b), 25(2)(a) and (d) and (3), 44(1) and 47(2)(b) of, and paragraph 5(3) of Schedule 1 to, the Food Safety (Northern Ireland) Order 1991[^f00002], and of all other powers enabling it in that behalf, it appearing to it to be necessary or expedient to make these Regulations for the purpose of securing that food complies with food safety requirements in so far as required by Articles 15(1)(f) and 18(2)(a) of the said Order, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation with such organisations as appear to it to be representative of interests likely to be substantially affected as required by Articles 47(3) of the said Order, hereby makes the following Regulations:—

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Food Safety (General Food Hygiene) (Amendment) Regulations (Northern Ireland) 2001 and shall come into operation as follows—

• (a) regulations 1 and 5 on 16th April 2001;

• (b) regulations 2, 3 and 4 on 1st October 2001.

• (2) In these Regulations “the principal Regulations” means the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995[^f00003].

Amendment of regulation 3(1)

2

In regulation 3(1) (application of provisions of the principal Regulations), for “regulations 4 and 5” there shall be substituted “regulations 4, 4A and 5”.

Insertion of regulation 4A and Schedule 1A

3

• (1) After regulation 4 of the principle Regulations there shall be inserted the following regulation—

(4A) Schedule 1A (provisions relating to the licensing of butchers' shops) shall have effect.

• (2) After Schedule 1 to the principal Regulations there shall be inserted as Schedule 1A the provisions set out in the Schedule.

Amendment of regulation 6(1)

4

In regulation 6(1) (offences and penalties) of the principal Regulations, after “or 5,” there shall be inserted “or paragraph 2 of Schedule 1A”.

Transitional provision

5

Before regulations 2, 3 and 4 come into operation—

• (a) persons may apply for licences as if those regulations were in operation by submitting applications which comply with Schedule 1A to the principal Regulations, as set out in the Schedule to these Regulations;

• (b) district councils—

• (i) shall determine any such applications which they receive, give notices of determinations and, where appropriate, issue licences; and

• (ii) may suspend or revoke any licence issued in respect of such an application and take any steps which they consider appropriate for the purposes of making determinations in relation to such applications and licences (including the inspection of premises and the receipt of charges),

as if the said Schedule 1A were in operation;

SCHEDULE — Schedule 1A for insertion in the Principal Regulations

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 27th February 2001.

W. B. Smith — Senior Officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 (“the principal Regulations”) by introducing a requirement for the premises of butchers' shops to be licensed by district councils. Butchers' shops for these purposes are fixed or movable premises in which unwrapped meat is handled and from which both raw meat and ready-to-eat food are sold to consumers (see the definition of “butcher’s shop” in paragraph 1 of Schedule 1A).

Regulation 2 amends regulation 3 of the principal Regulations so that the provisions relating to the licensing of butchers' shops do not apply to those businesses to which the sectorial provisions listed in that regulation apply.

Regulation 3 inserts the provisions set out in the Schedule as Schedule 1A which make provision for the licensing of butchers' shops. Paragraph 4 of the Schedule makes provision for applications for licences and provides that a charge of £100 is payable in respect of the issue of a licence. Paragraph 5 imposes licence conditions. In mixed business premises the conditions only apply to certain parts (see paragraph 5(6)). Paragraph 6 provides that licences remain in force for periods of a year. Paragraph 7 has effect where an applicant who holds a licence in respect of a butcher’s shop applies for a further licence in respect of his shop up to 4 months before the expiry of his existing licence. If the further licence is granted, it begins on the expiry of the existing licence so that the applicant is not prejudiced by making an application before his existing licence expires. Paragraph 9 permits the premises of established butchers' shops to continue to be used where an application for a licence has been refused and the time for appealing against the refusal has not elapsed or an appeal against the refusal is being brought (see Article 37 of the Food Safety Order (Northern Ireland) 1991 which provides for appeals to be brought within one month). Paragraph 10 provides for the suspension and revocation of licences and for licences to remain in force until the time for appealing against a suspension or revocation has expired and whilst an appeal is pending (see Article 37).

Regulation 4 amends regulation 6(1) of the principal Regulations so that using premises as a butcher’s shop otherwise than in accordance with a licence is a criminal offence.

Regulation 5 contains transitional provisions so that licences may be issued before the first day on which they are required. Such licences remain in force for the period of one year beginning on that day.

Footnotes

[^f00001]: Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I. 1), Article 3

[^f00002]: S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28

[^f00003]: S.R. 1995 No. 360 as amended by S.R. 1996 No. 286

[^f00004]: S.R. 1992 No. 167, to which there are amendments not relevant to these Regulations

[^f00005]: S.R. 1995 No. 396

[^f00006]: S.R. 1997 No. 493

[^f00007]: S.R. 1997 No. 496

[^f00008]: S.R. 1995 No. 377, to which there are amendments not relevant to these Regulations