The Food Hygiene Regulations (Northern Ireland) 2006

• (i) to accommodate the practicalities of handling during and after processing or preparation,

• (ii) the defrosting of equipment, or

• (iii) temporary breakdown of equipment,

and was kept at a temperature above 8°C or, in appropriate circumstances, the recommended temperature for a limited period only and that period was consistent with food safety.

Hot holding requirements

6

Any person who in the course of the activities of a food business keeps at or in food premises at a temperature below 63°C any food which—

• (a) has been cooked or reheated;

• (b) is for service or on display for sale; and

• (c) needs to be kept at or above 63°C in order to control the growth of pathogenic micro-organisms or the formation of toxins,

shall be guilty of an offence.

Hot holding defences

7

In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that—

• (a) a well-founded scientific assessment of the safety of the food at temperatures below 63°C has concluded that there is no risk to health if, after cooking or re-heating, the food is held for service or on display for sale—

• (i) at a holding temperature which is below 63°C, and

• (ii) for a period not exceeding any period of time specified in that scientific assessment; and

• (b) at the time of the commission of the alleged offence, the food was held in a manner which was justified in the light of that scientific assessment.

• (2) In any proceedings for an offence consisting of a contravention of paragraph 6, it shall be a defence for the accused to prove that the food—

• (a) had been kept for service or on display for sale for a period of less than two hours; and

• (b) had not previously been kept for service or on display for sale by that person.

Interpretation

8

In this Schedule—

• “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 poultrymeat;

• “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 eggs;

• “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);

• “recommended temperature” means a specified temperature which has been recommended in accordance with paragraph 4(1)(a)(i); and

• “shelf life” means— in relation to food for which a date of minimum durability is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required date of minimum durability; in relation to food for which a “use by” date is required in accordance with Article 9(1)(f) of Regulation (EU) No 1169/2011 of the European Parliament and of the Council, as read with Article 24(1) and (2) of that Regulation, the period up to and including the required “use by” date; andin relation to food which is not required to bear an indication of minimum durability or a “use by” date, the period for which the food can be expected to remain fit for sale if it is kept in a manner which is consistent with food safety.

SCHEDULE 5 — DIRECT SUPPLY BY THE PRODUCER OF SMALL QUANTITIES OF MEAT FROM POULTRY OR LAGOMORPHS SLAUGHTERED ON THE FARM

Scope

1

The requirements of this Schedule apply in relation to the direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm to the final consumer or to local retail establishments directly supplying such meat to the final consumer.

Requirements

2

• (1) Where a producer supplies meat in the manner described in paragraph 1, he shall ensure that it bears a label or other marking clearly indicating the name and address of the farm where the animal from which it is derived was slaughtered.

• (2) The producer shall—

• (a) keep a record in adequate form to show the number of birds and the number of lagomorphs received into, and the amounts of fresh meat despatched from, his premises during each week;

• (b) retain the record for a period of one year; and

• (c) make the record available to an authorised officer on request.

Offence

3

A producer who fails to comply with any of the requirements of paragraph 2 shall be guilty of an offence.

SCHEDULE 6 — RESTRICTIONS ON THE SALE OF RAW MILK INTENDED FOR DIRECT HUMAN CONSUMPTION

1

Any person who sells raw milk intended for direct human consumption in contravention of—

• (1) paragraph 5, or

• (2) paragraph 7A (1) or (2), shall be guilty of an offence

2

• (1) If any person other than the occupier of a production holding or a distributor sells raw cows' milk intended for direct human consumption he shall be guilty of an offence.

• (2) If the occupier of a production holding sells raw cows' milk intended for direct human consumption in contravention of paragraph 3 he shall be guilty of an offence.

• (3) If a distributor sells raw cows' milk intended for direct human consumption in contravention of paragraph 4 he shall be guilty of an offence.

3

The occupier of a production holding may only sell raw cows' milk intended for direct human consumption—

• (a) at or from the farm premises where the animals from which the milk has been obtained are maintained; and

• (b) to—

• (i) the final consumer for consumption other than at those farm premises,

• (ii) a temporary guest or visitor to those farm premises as or as part of a meal or refreshment, or

• (iii) a distributor.

4

A distributor may only sell raw cows' milk intended for direct human consumption—

• (a) which he has bought pursuant to paragraph 3(b)(iii);

• (b) in the containers in which he receives the milk, with the fastenings of the containers unbroken;

• (c) from a vehicle which is lawfully used as a shop premises; and

• (d) direct to the ultimate consumer.

5

The raw milk shall meet the following standards:

Plate count at 30°C (cfu per ml)	≤ 20,000
Coliforms (cfu per ml)	< 100

6

In the case where farm premises are being used for the sale of raw cows' milk intended for direct human consumption pursuant to paragraph 3(a), the Agency shall carry out such sampling, analysis and examination of the milk as it considers necessary to ensure that it meets the standards specified in paragraph 5.

7

In any case where the Agency carries out sampling, analysis and examination of raw cows' milk in accordance with paragraph 6, there shall be due to the Agency from the occupier of the production holding who is selling the milk a fee of £63, which is payable by the occupier to the Agency on demand.

8

In this Schedule—

• “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;

• “distributor” means a person who sells raw cows' milk that has been produced on a production holding of which he is not the occupier;

• “farm premises” means a farm occupied by the occupier of a production holding as a single farm and includes the production holding and any other building situated on that farm and occupied by the same occupier;

• “labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;

• “occupier” means any person carrying on the business of producing or handling raw cows' milk or his duly authorised representative;

• “prepacked”, in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the final consumer or to a catering establishment;

• “production holding” means premises at which milk-producing cows are kept; and

• “shop premises” means premises from which any food is sold to the final consumer.

SCHEDULE 7 — CONSEQUENTIAL AMENDMENTS

The Colours in Food Regulations (Northern Ireland) 1996

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Animal By-Products (Identification) Regulations (Northern Ireland) 1999

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Food Labelling Regulations (Northern Ireland) 1996

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Beef Bones Regulations (Northern Ireland) 1997

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

17

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2003

18

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 10th January 2006.

Don Hill — A senior officer of the — Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

1 These Regulations revoke and re-enact with changes the Food Hygiene Regulations (Northern Ireland) 2005 (S.R. 2005 No. 356).

2 The Food Hygiene Regulations (Northern Ireland) 2005 provided for the execution and enforcement in relation to Northern Ireland of certain Community instruments, referred to in those Regulations as “the Community Regulations”. The Community instruments in question are those specified in sub-paragraphs (a) to (c) of paragraph 4. By extending the definition of the phrase “the Community Regulations” in these Regulations to include the Community instruments specified in sub-paragraphs (d) and (e) of paragraph 4, these Regulations provide for the execution and enforcement in relation to Northern Ireland of all the Community instruments specified in that paragraph.

3 The Community instruments specified in paragraph 4 are defined in Schedule 1. These Regulations update the definitions of the Community instruments specified in sub-paragraphs (a) to (c) of paragraph 4 to take account of certain Commission Regulations that enter into force on and apply from 11th January 2006. The Commission Regulations amend those Community instruments or as the case may be affect the way that they are to be read.

4 The Community instruments are— a Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (O.J. No. L139, 30.4.2004, p. 1; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 3); b Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (O.J. No. L139, 30.4.2004, p. 55; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 22); c Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (O.J. No. L155, 30.4.2004, p. 206; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 83); d Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs (O.J. No. L338, 22.12.2005, p. 1); and e Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat (O.J. No. L338, 22.12.2005, p. 60).

5 The other major changes made by these Regulations are that— a the previous enforcement arrangements are altered; and b the scope of Schedule 5 (direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm) is extended in the light of Article 3 of Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 (O.J. No. L338, 22.12.2005, p. 83).

6 These Regulations— a create certain presumptions that, for the purposes of these Regulations, specified food is intended for human consumption (regulation 3); b provide that the Food Standards Agency is the competent authority for the purposes of the Community Regulations except where it has delegated competences as provided for in the Community Regulations (regulation 4); c make provision for the execution and enforcement of these Regulations and of the Community Regulations (regulation 5); d provide for the following enforcement measures to be available in respect of a food business operator— i hygiene improvement notices (regulation 6), ii hygiene prohibition orders (regulation 7), iii hygiene emergency prohibition notices and orders (regulation 8), and iv remedial action notices and detention notices (regulation 9); e provide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 10); f provide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 11); g provide for the procurement and analysis of samples (regulations 12 and 13); h provide powers of entry for authorised officers of the district council (regulation 14); i create the offence of obstructing an officer (regulation 15); j provide a time limit for bringing prosecutions (regulation 16); k provide that a person who contravenes specified provisions of the Community Regulations is guilty of an offence (regulation 17(1)); l provide penalties for offences (regulation 17(2) and (3)); m provide that a person is considered not to have contravened a specified provision of Regulation (EC) No. 852/2004 (requirement for bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and/or containers/tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with (regulation 17(4)); n provide that where an offence under these Regulations which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such he as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 18); o provide a right of appeal in respect of— i the service of a hygiene improvement notice or a remedial action notice, ii the refusal of an enforcement authority to issue a certificate under specified provisions to the effect that they are satisfied that a food business operator has taken measures to secure that the health risk condition is no longer fulfilled with respect to the food business concerned, and iii the making of a hygiene prohibition order or a hygiene emergency prohibition order (regulations 19 to 21); p provide for the issue to district councils by the Department of codes of recommended practice (regulation 22); q provide for the protection of officers acting in good faith (regulation 23); r provide for the revocation or suspension of the designation or as the case may be appointment of specified officials (regulation 24); s provide that when an authorised officer has certified that any food has not been produced, processed or distributed in compliance with these Regulations and the Community Regulations, it shall be treated for the purposes of Article 8 of the Food Safety (Northern Ireland) Order 1991 as failing to comply with food safety requirements (regulation 25); t provide that the requirements set out in the following Schedules have effect— i Schedule 3 (bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) (regulation 26), ii Schedule 4 (temperature control requirements) (regulation 27), iii Schedule 5 (direct supply by the producer of small quantities of meat from poultry or lagomorphs slaughtered on the farm) (regulation 28), and iv Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) (regulation 29); u make consequential amendments to specified statutory rules (regulation 30); and v revoke the Poultry Meat, Farmed Game Bird Meat and Rabbit Meat (Hygiene and Inspection) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 396) and the Food Hygiene Regulations (Northern Ireland) 2005 (S.R. 2005 No. 356) (regulation 31).

Footnotes

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

[^f00002]: 1972 c. 68

[^f00003]: S.I. 2003/2901

[^f00004]: O.J. No. L31, 1.2.2002, p. 1

[^f00005]: O.J. No. L245, 29.9.2003, p. 4

[^f00006]: 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, paragraph 2 of Article 2 (regarding the definition of “food”) was substituted by S.R. 2004 No. 482

[^f00007]: 1971 c. 80

[^f00008]: 1954 c. 33 (N.I.)

[^f00013]: 1981 N.I. 22

[^f00014]: 1981 N.I. 26

[^f00015]: S.R. 1995 No. 396, as amended by S.R. 1997 No. 496, S.R. 1998 No. 237, S.R. 2000 Nos. 78, 191 and 287, S.R. 2001 No. 429, S.R. 2002 No. 217 and S.R. 2005 No. 35

[^f00016]: S.R. 2005 No. 356

[^f00029]: O.J. No. L24, 30.1.1998, p. 9

[^f00030]: O.J. No. L18, 23.1.2003, p. 11

[^f00031]: O.J. No. L140, 12.5.98, p. 10

Raw sugar

Interpretation

The Animal By-Products (Identification) Regulations (Northern Ireland) 1999

The Food Labelling Regulations (Northern Ireland) 1996

The Beef Bones Regulations (Northern Ireland) 1997

The Condensed Milk and Dried Milk Regulations (Northern Ireland) 2003

Editorial notes

[^key-e5850c9f8c524d446c0fa5b962f34a95]: Reg. 1 in operation at 11.1.2006, see reg. 1

[^key-6b913845ed357224d4c11b802673e709]: Reg. 2 in operation at 11.1.2006, see reg. 1

[^key-9037e70cc6a0fc5240a35c6dc8564658]: Reg. 3 in operation at 11.1.2006, see reg. 1

[^key-692b707fd72f1ae82f61aea53a5f0e38]: Reg. 4 in operation at 11.1.2006, see reg. 1

[^key-51c8b09c9845f3979ea41713d0294c3f]: Reg. 5 in operation at 11.1.2006, see reg. 1

[^key-69c217c38399adfbd49b1fa50dea9428]: Reg. 6 in operation at 11.1.2006, see reg. 1

[^key-ced61f6865ed3c6adfc3f3998d38f521]: Reg. 7 in operation at 11.1.2006, see reg. 1

[^key-4d0b4d70276ab640a6d524924648d35d]: Reg. 8 in operation at 11.1.2006, see reg. 1

[^key-738c0d037d2849528e8d0799f919837e]: Reg. 9 in operation at 11.1.2006, see reg. 1

[^key-cc7be5b1e3aa357ce0196a5a764531c3]: Reg. 10 in operation at 11.1.2006, see reg. 1

[^key-2f0bced2385b8d07113dcfbf43b2baa5]: Reg. 11 in operation at 11.1.2006, see reg. 1

[^key-d8d33e2a63a85624c8915b47f8c90ad6]: Reg. 12 in operation at 11.1.2006, see reg. 1

[^key-9c7ea22491f1e0903d113810ce1eb569]: Reg. 13 in operation at 11.1.2006, see reg. 1

[^key-b96d28927e32a163999fbc13e248e4d0]: Reg. 14 in operation at 11.1.2006, see reg. 1

[^key-8ecb64748aa1fe9b23be43b17583d8db]: Reg. 15 in operation at 11.1.2006, see reg. 1

[^key-ab18da4f4a947d860adb76116492cb6f]: Reg. 16 in operation at 11.1.2006, see reg. 1

[^key-acb2af460dbe1bc5eda2f139e2c64d44]: Reg. 17 in operation at 11.1.2006, see reg. 1

[^key-d8e3fcddc2a2d13e7675ae7ff1c16168]: Reg. 18 in operation at 11.1.2006, see reg. 1

[^key-166c88dbb4ab3c150bf3dc16f851d1ec]: Reg. 19 in operation at 11.1.2006, see reg. 1

[^key-50a6a574b7324e1cd24cad1607273a48]: Reg. 21 in operation at 11.1.2006, see reg. 1

[^key-c0e19340d91a0fafb11f0a8ac82c4833]: Reg. 22 in operation at 11.1.2006, see reg. 1

[^key-e9127770728ad3f0e32a35c79dff8767]: Reg. 23 in operation at 11.1.2006, see reg. 1

[^key-b5d48f6e6594fda86ab753d330256fa7]: Reg. 24 in operation at 11.1.2006, see reg. 1

[^key-1835e0dcd62828ac3f460df38c0b02ed]: Reg. 25 in operation at 11.1.2006, see reg. 1

[^key-728193c525b1fa6cc970d687220dc24c]: Reg. 26 in operation at 11.1.2006, see reg. 1

[^key-72a470eefe90a80e3b50761bac8f2bfb]: Reg. 27 in operation at 11.1.2006, see reg. 1

[^key-264bbcf392b305d983a1000994654ae4]: Reg. 28 in operation at 11.1.2006, see reg. 1

[^key-92232bb8018b5565f610580449725c00]: Reg. 29 in operation at 11.1.2006, see reg. 1

[^key-afa111b3d1a92771cf0760758ad2d7ba]: Reg. 31 in operation at 11.1.2006, see reg. 1

[^key-c1a85688e92b02f59106f824a9bb5dbe]: Sch. 3 para. 1 in operation at 11.1.2006, see reg. 1

[^key-175533690b9f797ba5acdd138434a951]: Sch. 3 para. 7 in operation at 11.1.2006, see reg. 1

[^key-0071956f65a34bc0beaf2359e7dbfb80]: Sch. 3 para. 8 in operation at 11.1.2006, see reg. 1

[^key-6543c30c9060e45785742fe442348f5a]: Sch. 3 para. 9 in operation at 11.1.2006, see reg. 1

[^key-41f4e33bbd7c2baa9de544722a3de258]: Sch. 3 para. 10 in operation at 11.1.2006, see reg. 1

[^key-3866d1f543d1e71eb5822045d02a680a]: Sch. 3 para. 11 in operation at 11.1.2006, see reg. 1

[^key-27888766356504020accaabf830dc789]: Sch. 3 para. 12 in operation at 11.1.2006, see reg. 1

[^key-af037872751f8ba833b64a94d313e741]: Sch. 3 para. 13 in operation at 11.1.2006, see reg. 1

[^key-76a1da6007ef769d87dc0039be82e006]: Sch. 3 para. 14 in operation at 11.1.2006, see reg. 1

[^key-b31b444bc6a42fb4e708d3eafe40c731]: Sch. 4 para. 1 in operation at 11.1.2006, see reg. 1

[^key-2515324a38f19869f71d9bf0f2525d00]: Sch. 4 para. 2 in operation at 11.1.2006, see reg. 1

[^key-5142fce02e84fddfe90718bb7f232700]: Sch. 4 para. 3 in operation at 11.1.2006, see reg. 1

[^key-e173aa3b5bd725debf977cc0d4332598]: Sch. 4 para. 4 in operation at 11.1.2006, see reg. 1

[^key-2a1bf6563e60b9dfbb56dca2d018e733]: Sch. 4 para. 5 in operation at 11.1.2006, see reg. 1

[^key-79b10cb9fbef39e025fd6e9886154977]: Sch. 4 para. 6 in operation at 11.1.2006, see reg. 1

[^key-6f7a38a38804dce4d7357b161fd7e736]: Sch. 4 para. 7 in operation at 11.1.2006, see reg. 1

[^key-318d380cafb730840408b7e8a0e5fe6d]: Sch. 4 para. 8 in operation at 11.1.2006, see reg. 1

[^key-9be2ca5f6749e706105663955390b503]: Sch. 5 para. 1 in operation at 11.1.2006, see reg. 1

[^key-17c4975b79fa6594b7c8539a6b9d8eb8]: Sch. 5 para. 2 in operation at 11.1.2006, see reg. 1

[^key-049322d5cd4af197a7aee9c6ed944da0]: Sch. 5 para. 3 in operation at 11.1.2006, see reg. 1

[^key-0e12b27aa7828e2070670cf6c0215bbf]: Sch. 6 para. 2 in operation at 11.1.2006, see reg. 1

[^key-e536622ea88195af4681ca03f2730d2b]: Sch. 6 para. 3 in operation at 11.1.2006, see reg. 1

[^key-11f05b4d5a6a9494dc7e1266f2ae9904]: Sch. 6 para. 4 in operation at 11.1.2006, see reg. 1

[^key-341696f685f8f251f203b73207169c25]: Sch. 6 para. 5 in operation at 11.1.2006, see reg. 1

[^key-7fc458e828000f017a8e4aeaacd27dfc]: Sch. 6 para. 6 in operation at 11.1.2006, see reg. 1

[^key-36c8d547fbc0338943950d9b06874d16]: Sch. 6 para. 7 in operation at 11.1.2006, see reg. 1

[^key-d860b99908efa807583bf7ef73cb61b3]: Sch. 6 para. 8 in operation at 11.1.2006, see reg. 1

[^key-cfe998f95adb25db25483e44bfb3db60]: Sch. 2 in operation at 11.1.2006, see reg. 1

[^key-4d3c2f427a0012f44db833baf0feb02e]: Word in reg. 7(9) substituted (14.2.2007) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/16), regs. 1, 2(3)

[^key-6f9a9f57294697d3ec508ef59805c817]: Word in reg. 8(2) substituted (14.2.2007) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/16), regs. 1, 2(3)

[^key-3cbb5349edf8cf44370bb387a720a870]: Word in reg. 8(10) substituted (14.2.2007) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/16), regs. 1, 2(4)

[^key-6295d83bbfce4ebe61035d571c7513be]: Words in reg. 14(3) substituted (14.2.2007) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/16), regs. 1, 2(5)

[^key-416f58a1807610be001eea7fb096bad7]: Reg. 20 deleted (14.2.2007) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/16), regs. 1, 2(6)

[^key-3bce040964aec75f591c52c035ae31fc]: Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

[^key-a1cae97a0694fcd200c19568743fdbba]: Words in reg. 9(1) omitted (10.4.2012) by virtue of The Food Hygiene (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/130), regs. 1(1), 2(2)

[^key-b8c646886491eba927ca0d1836986584]: Reg. 21(4) inserted (10.4.2012) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012/130), regs. 1(1), 2(3)

[^key-88be39fffab25b4d517ec4e0005f3a37]: Reg. 2(6) inserted (30.7.2012) by The Food Hygiene (Amendment) (No. 2) Regulations (Northern Ireland) 2012 (S.R. 2012/280), regs. 1(1), 2(3)

[^key-a2613a8bb4dceaa94cf74683da9a2e96]: Words in reg. 13(10) substituted (6.4.2013) by The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 (S.R. 2013/66), regs. 1, 11(a)

[^key-95cd87f0f910630ce89d4c1b48b0f08a]: Words in reg. 13(11) substituted (6.4.2013) by The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 (S.R. 2013/66), regs. 1, 11(a)

[^key-4d7d2f11d91a647f726188bcbfcc1a9d]: Sch. 3 paras. 2-6 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(a)

[^key-305257edc8f83918218c71a152d7213b]: Words in Sch. 3 para. 14(1) omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(b)

[^key-6d7bbd1d05c2413a64b1414a1f90bcce]: Sch. 3 para. 14(2) omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(6)(c)

[^key-c9d3916bcecc22ef5e71eb4f35fdacce]: Sch. 6A revoked (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(7)

[^key-3964e0115dcf91354e1c3170e8be2b1f]: Reg. 29A revoked (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(3)

[^key-2f4c85298b00cb9860fb9948b4ece4df]: Reg. 17(3) substituted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(2)(a)

[^key-96d89fa09f2a3866c5ff3aad15de82c9]: Sch. 6 para. 1 substituted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(a)

[^key-d508f339867bb112ba032054751756fc]: Words in Sch. 4 para. 8 substituted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 12

[^key-6c6336fb556264c87477e79ce2765342]: Full stop in Sch. 2 omitted (13.12.2014) by virtue of The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(5)

[^key-c917e00ef3ec6b46e236faa3f99a9f67]: Words in Sch. 2 inserted (13.12.2014) by The Food Hygiene and Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/286), regs. 1(1), 2(5)

[^key-a22766b02aa15946a862668318534efe]: Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(i)

[^key-39e9273f6b264f2026191ddcaeb53fe0]: Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(ii)

[^key-d1427c65f3d2a174101bb9c190a3db9e]: Words in Sch. 6 para. 8 inserted (13.12.2014) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/277), regs. 1, 2(4)(c)(iii)

[^key-5124932c8328ee7159371aa715d03e61]: Words in Sch. 2 substituted (15.10.2016) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/345), regs. 1, 2(4)(a)

[^key-54747f2039849e350feca4367ddc67a6]: Words in Sch. 2 substituted (15.10.2016) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/345), regs. 1, 2(4)(b)

[^key-354a35204a27978aee539ec192658903]: Sch. 7 omitted (11.2.2019) by virtue of The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(6)

[^key-92b9ba69fa55a6c0679bc87c8c8ad940]: Reg. 30 omitted (11.2.2019) by virtue of The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(3)

[^key-24f6623f12d9d9bd3fc70e93851f56f9]: Words in Sch. 4 para. 3(f) substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(a)(i)

[^key-20b25c46fc7ef3873dfda15a7d3c95ce]: Words in Sch. 4 para. 3(g) substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(a)(ii)

[^key-d165ebfc10463b9960cb98a020ffd7bf]: Words in Sch. 4 para. 8 substituted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 13(5)(b)

[^key-6869f8516df57b5b8355bbd74c4f6d9f]: Sch. 6 para. 7A substituted (29.6.2019) by The Food Hygiene (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019/110), regs. 1, 2(2)

[^key-e7d6c66cf833e059bf6fddd19a601bbf]: Sch. 1 substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 7, Sch. 1

[^key-60caeb2ca04e3d32286d7e1e79993a41]: Reg. 5(6) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 6

[^key-01cb727829ffe333bce363586d591eb8]: Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 5(a)(i)

[^key-f6e96a4851ccf9fac9c07fc5fd48b4e5]: Words in reg. 2(1) substituted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 5(a)(ii)

[^key-2c6f5f97345c9c11adf70d04b6b121b9]: Words in reg. 2(1) inserted (14.12.2019) by The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 5(a)(iii)

[^key-d46878808785457db56f649a3c6c7e93]: Words in reg. 2(6) omitted (14.12.2019) by virtue of The Official Feed and Food Controls (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/218), regs. 1, 5(b)

[^key-772b9211137621e2e76db4fc89026d3d]: Sch. 2A inserted (31.12.2020 immediately before IP completion day) by The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/286), regs. 1, 4(5), Sch.

[^key-6d663b3e2fdb7232f370add8f9f54384]: Reg. 32 inserted (31.12.2020 immediately before IP completion day) by The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/286), regs. 1, 4(3)

[^key-1a637776d5a403fb173bf1c664e4730e]: Words in Sch. 2 substituted (31.12.2020 immediately before IP completion day) by The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/286), regs. 1, 4(4)

[^key-d6ca24ba7a61882022f2502c51690149]: Words in reg. 17(1) substituted (31.12.2020 immediately before IP completion day) by The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/286), regs. 1, 4(2)(a)

[^key-0e987b8dddb479e5753cf14421d830ac]: Reg. 17(5) inserted (31.12.2020 immediately before IP completion day) by The Food (Miscellaneous Amendments etc.) (EU Exit) Regulations (Northern Ireland) 2020 (S.R. 2020/286), regs. 1, 4(2)(b)

[^key-3cc84b9c2a633e0ab12d25df15a94d02]: Regulations applied (with modifications) (1.10.2023) by The Windsor Framework (Enforcement etc.) Regulations 2023 (S.I. 2023/1056), regs. 1(2), 9, Sch.

“Decision 2006/766” means Commission Decision 2006/766/EC establishing the lists of third countries and territories from which imports of bivalve molluscs, echinoderms, tunicates, marine gastropods and fishery products are permitted as last amended by Decision 2011/131;
“Decision 2011/131” means Commission Decision 2011/131/EU amending Annexe II to Decision 2006/766/EC as regards the inclusion of Fiji in the list of third countries and territories from which imports of fishery products for human consumption are permitted;
“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC;
“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 596/2009;
“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs as last amended by Regulation 219/2009 , as read with Regulation 2073/2005 and with Commission Regulation (EU) No 210/2013 on the approval of establishments producing sprouts pursuant to Regulation (EC) No 852/2004 of the European Parliament and of the Council;
“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin as last amended by Regulation 16/2012 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005, Regulation 2076/2005, Regulation 1020/2008 and Regulation 1079/2013;
“Regulation 854/2004” means Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption as last amended by Regulation 739/2011 and as read with Directive 2004/41, Regulation 2074/2005, Regulation 2015/1375, Regulation 2076/2005, Decision 2006/766, Regulation 1021/2008 and Regulation 1079/2013;
“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 Regulation 880/2011 and as read with Regulation 2074/2005, Regulation 669/2009 and Regulation 702/2013;
“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs as last amended by Regulation 1223/2011;
“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs as last amended by Regulation 1086/2011;
“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004 as last amended by Regulation 809/2011;
. . .
“Regulation 1020/2008” means Commission Regulation (EC) No. 1020/2008 amending Annexes II and III to Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin and Regulation (EC) No. 2076/2005 as regards identification marking, raw milk and dairy products, eggs and egg products and certain fishery products;
“Regulation 1021/2008” means Commission Regulation (EC) No. 1021/2008 amending Annexes I, II and III to Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption and Regulation (EC) No. 2076/2005 as regards live bivalve molluscs, certain fishery products and staff assisting with official controls in slaughterhouses;
“Regulation 219/2009” means Regulation (EC) No. 219/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Two;
“Regulation 596/2009” means Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four as last amended by Regulation 1169/2011;
“Regulation 669/2009” means Commission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC as last amended by Regulation 1277/2011;
. . .
“Regulation 739/2011” means Commission Implementing Regulation (EU) No. 739/2011 amending Annex I to Regulation (EC) No 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption;
“Regulation 809/2011” means Commission Implementing Regulation (EU) No. 809/2011 amending Regulation (EC) No. 2074/2005 as regards documentation accompanying imports of frozen fishery products directly from a freezer vessel;
“Regulation 880/2011” means Commission Regulation (EU) No. 880/2011 correcting Regulation (EU) No 208/2011 amending Annex VII to Regulation (EC) No 882/2004 of the European Parliament and of the Council and Commission Regulations (EC) No 180/2008 and (EC) No 737/2008 as regards lists and names of EU reference laboratories;
“Regulation 1086/2011” means Commission Regulation (EU) No. 1086/2011 amending Annex II to Regulation (EC) No. 2160/2003 of the European Parliament and of the Council and Annex I to Commission Regulation (EC) No. 2073/2005 as regards salmonella in fresh poultry meat;
“Regulation 1109/2011” means Commission Implementing Regulation (EU) No. 1109/2011 amending Annex I to Regulation (EC) No. 2075/2005 as regards the equivalent methods for Trichinella testing;
“Regulation 1169/2011” 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;
“Regulation 1223/2011” means Commission Implementing Regulation (EU) No 1223/2011 amending Regulation (EC) No 1688/2005 as regards sampling of flocks of origin of eggs and the microbiological examination of such samples and samples of certain meat intended for Finland and Sweden;
“Regulation 1277/2011” means Commission Implementing Regulation (EU) No 1277/2011 amending Annex I to Regulation (EC) No 669/2009 implementing Regulation (EC) No 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin;
“Regulation 16/2012” means Commission Regulation (EU) No. 16/2012 amending Annex II to Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards the requirements concerning frozen food of animal origin intended for human consumption;
“Regulation 28/2012” means Commission Regulation (EU) No 28/2012 laying down requirements for the certification for imports into and transit through the Union of certain composite products and amending Decision 2007/275/EC and Regulation (EC) No 1162/2009.
“Regulation 702/2013” means Commission Implementing Regulation (EU) No. 702/2013 on transitional measures for the application of Regulation (EC) No.882/2004 of the European Parliament and of the Council as regards the accreditation of official laboratories carrying out official testing for trichinella;
“Regulation 1079/2013” means Commission Regulation (EU) No 1079/2013 laying down transitional measures for the application of Regulations (EC) No.853/2004 and EC No.854/2004 of the European Parliament and of the Council.
“Regulation 579/2014” means Commission Regulation (EU) No. 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and the Council as regards the transport of liquid oils and fats by sea.
“Regulation 2015/1375” means Commission Implementing Regulation (EU) 2015/1375 laying down specific rules on official controls for Trichinella in meat.

Special health mark

29A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consequential amendments

Revocations

SCHEDULE 6A — THE SPECIAL HEALTH MARK

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7A

• (1) Except in cases to which paragraph (2) applies, the container in which any raw milk is sold must be marked or labelled with the words “This milk has not been heat treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness”.

• (2) In the case of any raw milk intended for direct human consumption which is not prepacked and is sold at a catering establishment there must appear —

• (a) on a label attached to the container in which the milk is sold, or

• (b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk,

the words “Milk supplied in this establishment has not been heat treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness”.

The Regulation 2017/625 package

Delegated Regulations

• “Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants;

• “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts;

• “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council;

• “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption;

• “Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts;

• “Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control posts;

• “Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination;

• “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union

32

Under specified community provisions referenced in Article 5(1) of Regulation 853/2004 and in Schedule 2, food business operators in Northern Ireland shall ensure a health mark or identification mark is applied as appropriate in accordance with Schedule 2A.

Schedule 2A

PART 1 — The Health Mark

1

The identification mark must be legible and indelible, and the characters easily decipherable. It must be clearly displayed for the competent authorities and shall consist of an oval mark containing the following characters in the order below:

2

When applied to carcases, the health mark shall measure at least 6.5 cm wide by 4.5 cm high and contain letters at least 0.8 cm high and figures at least 1 cm high.

3

The ink used for health marking must be authorised in accordance with Union rules on the use of colouring substances in foodstuffs.

PART 2 — The Identification Mark