The Food Hygiene (Amendment) (No. 2) Regulations (Northern Ireland) 2012

Made: 6th July 2012

Coming into operation: 30th July 2012

As required by Article 9 of 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[^f00004] there has been open and transparent public consultation during the preparation of the following Regulations.

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Food Hygiene (Amendment No. 2) Regulations (Northern Ireland) 2012 and come into operation on 30th July 2012.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00005] applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the Food Hygiene Regulations (Northern Ireland) 2006

2

• (1) The Food Hygiene Regulations (Northern Ireland) 2006[^f00006] are amended in accordance with paragraphs (2) to (6).

• (2) In regulation 2(1) (interpretation) for the references to the EU instruments appearing immediately after the definition of “the Community Regulations” substitute–

“Decision 2006/766”, “Decision 2011/131”, “Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 854/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005”, “Regulation 2075/2005”, “Regulation 1020/2008”, “Regulation 1021/2008”, “Regulation 219/2009”, “Regulation 596/2009”, “Regulation 669/2009”, “Regulation 1162/2009”, “Regulation 739/2011”, “Regulation 809/2011”, “Regulation 880/2011”, “Regulation 1086/2011”, “Regulation 1109/2011”, “Regulation 1169/2011”, “Regulation 1223/2011”, “Regulation 1277/2011”, “Regulation 16/2012” and “Regulation 28/2012” have the meanings respectively given to them in Schedule 1;

• (3) After regulation 2(5) insert—

(6) In these Regulations, any reference to an EU instrument defined in Schedule1 is a reference to that instrument as any annex to it may be amended from time to time.

• (4) After regulation 29 (restrictions on the sale of raw milk intended for direct human consumption) insert—

(29A) (1) The special health mark referred to in paragraph 9 of Chapter VI of Section I of AnnexIII to Regulation 853/2004 and paragraph 7 of Chapter III of SectionI of Annex I to Regulation 854/2004 shall conform with Schedule 6A

• (5) For Schedule 1 (definitions of Community legislation) substitute the Schedule set out in Schedule 1 to these Regulations.

• (6) Immediately after Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption) insert the Schedule set out in Schedule 2 to these Regulations.

SCHEDULE 1 — SCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FOOD HYGIENE REGULATIONS (NORTHERN IRELAND) 2006

SCHEDULE 2 — SCHEDULE TO BE INSERTED IMMEDIATELY AFTER SCHEDULE6 TO THE FOOD HYGIENE REGULATIONS (NORTHERN IRELAND) 2006

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 6th July 2012.

Linda Devlin — A senior officer of the Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1 These Regulations amend the Food Hygiene Regulations (Northern Ireland) (“the 2006 Regulations”) by updating the definitions of certain EU instruments that are referred to in those Regulations and providing that reference to those EU instruments shall be references to them as any annex to them as amended from time to time.

2 These Regulations amend the 2006 Regulations to update the definitions of certain EU instruments by — a substituting definitions of certain EU instruments for the definitions of the EU instruments that currently appear after the definition of “the Community Regulations” in regulation 2(1)(Interpretation) (regulation2(2)); b adding a provision that any reference to an EU instrument defined in Schedule1 is a reference to that instrument as any annex to it may be amended from time to time (regulation 2(3)); and c substituting a revised Schedule 1 (definitions of EU legislation) for the existing Schedule 1 (regulation 2(5)).

3 In addition these Regulations specify the form and size of the special health mark to be applied to meat derived from animals that have undergone emergency slaughter outside the slaughterhouse (regulation 2(4) and (6) and Schedule 2).

4 A full impact assessment of the effect that this Statutory Rule will have on the costs of business and the voluntary sector is available from the Food Safety Group of the Food Standards Agency, Aviation House, 125 Kingsway, London WC2B 6NH and is annexed to the Explanatory Memorandum which is available at www.legislation.gov.uk.

Footnotes

[^f00001]: Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

[^f00002]: 1972 c.68

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

[^f00004]: OJ No. L31, 1.2.2002, p.1, as last amended by 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 (OJ No. L188, 18.7.2009, p.14)

[^f00005]: 1954 c.33 (N.I.)

[^f00006]: S.R. 2006 No. 3, as amended by S.R. 2007 No. 16 and S.R. 2010 No. 83

[^f00007]: OJ No. L320, 18.11.2006, p.53

[^f00008]: OJ No. L53, 26.2.2011, p.73

[^f00009]: OJ No. L157, 30.4.2004, p.33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (OJ No. L195, 2.6.2004, p.12)

[^f00010]: OJ No.L139, 30.4.2004, p.1. The revised text of Regulation (EC) No.852/2004 is now set out in a Corrigendum (OJ No.L226, 25.6.2004, p.3) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26)

[^f00011]: OJ No.L139, 30.4.2004, p.55. The revised text of Regulation (EC) No.853/2004 is now set out in a Corrigendum (OJ No.L226, 25.6.2004, p.22) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26)

[^f00012]: OJ No.L139, 30.4.2004, p.206. The revised text of Regulation (EC) No.854/2004 is now set out in a Corrigendum (OJ No.L226, 25.6.2004, p.83) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.26)

[^f00013]: OJ No. L165, 30.4.2004, p.1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1) which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.29)

[^f00014]: OJ No. L271, 15.10.2005, p.17

[^f00015]: OJ No. L338, 22.12.2005, p.1, as read with the Corrigenda at OJ No. L278, 10.10.2006, p.32 and OJ No. L283, 14.10.2006, p.62

[^f00016]: OJ No. L338, 22.12.2005, p.27

[^f00017]: OJ No. L338, 22.12.2005, p.60

[^f00018]: OJ No. L277, 18.10.2008, p.8

[^f00019]: OJ No. L277, 18.10.2008, p.15

[^f00020]: OJ No. L87, 31.3.2009, p.109

[^f00021]: OJ No. L188, 18.7.2009, p.14

[^f00022]: OJ No. L194, 25.7.2009, p.11

[^f00023]: OJ No. L314, 1.12.2009, p.10

[^f00024]: OJ No. 196, 28.7.2011, p.3

[^f00025]: OJ No. L207, 12.8.2011, p.1

[^f00026]: OJ No. L228, 3.9.2011, p.8

[^f00027]: OJ No. L281, 28.10.2011, p.7

[^f00028]: OJ No. L287, 4.11.2011, p.23

[^f00029]: OJ No. L304, 22.11.2011, p.18

[^f00030]: OJ No. L314, 29.11.2011, p.12

[^f00031]: OJ No. L327, 19.12.2011, p.42

[^f00032]: OJ No. L8, 12.1.2012, p.29

[^f00033]: OJ No. L12, 14.1.2012, p.1