The Food Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013

Made: 9th December 2013

Coming into operation: 31st December 2013

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[^f00005] 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 Safety, Food Hygiene and Official Controls (Sprouting Seeds and Miscellaneous Amendments) Regulations (Northern Ireland) 2013 and come into operation on 31st December 2013.

• (2) The Interpretation Act (Northern Ireland) 1954[^f00006] applies to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Amendments to the General Food Regulations (Northern Ireland) 2004

2

• (1) The General Food Regulations (Northern Ireland) 2004[^f00007] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 2(1) (interpretation) for the definition of “Regulation (EC) No 178/2002” substitute—

• “Regulation (EC) No 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 read with Commission Implementing Regulation (EU) No 931/2011 on the traceability requirements set by Regulation (EC) No 178/2002 of the European Parliament and of the Council for food of animal origin, and with Commission Implementing Regulation (EU) No 208/2013 on traceability requirements for sprouts and seeds intended for the production of sprouts

[^f00008].

• (3) In regulation 6(2) (enforcement) after “Article 14” insert “, Article 18 in so far as it relates to food business operators”.

Amendment to the Food Hygiene Regulations (Northern Ireland) 2006

3

• (1) The Food Hygiene Regulations (Northern Ireland) 2006[^f00009] are amended in accordance with paragraphs (2) and (3).

• (2) In Article 2(1)(interpretation) in the definition of “the Community Regulations” omit “Regulation 1162/2009” and for “and Regulation 28/2012”” substitute “, Regulation 28/2012”, “Regulation 702/2013” and Regulation 1079/2013””.

• (3) In Schedule 1 (Definitions of EU Legislation)—

• (a) omit the definition of “Regulation 1162/2009”;

• (b) in the definition of “Regulation 852/2004” for “and as read with Regulation 2073/2005” substitute “, 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”[^f00010];

• (c) in the definition of “Regulation 853/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;

• (d) in the definition of “Regulation 854/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;

• (e) in the definition of “Regulation 882/2004” for “Regulation 1162/2009” substitute “Regulation 702/2013”; and

• (f) at the end of the schedule, insert—

• “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;[^f00011];
• “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.

[^f00012].

Amendments to the Official Feed and Food Controls Regulations (Northern Ireland) 2009

4

• (1) The Official Feed and Food Controls Regulations (Northern Ireland) 2009[^f00013] are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 2(1) (interpretation)

• (a) for “Regulation 1162/2009” substitute “Regulation 702/2013”; and

• (b) for the definition of “the Import Provisions” substitute—

• “the Import Provisions” means Part 3 of these Regulations, Article 14 of Regulation 882/2004 in so far as it applies to official controls to verify compliance with aspects of feed or food law not covered by Directive 97/78/EC, Articles 15 to 24 of Regulation 882/2004, Regulation 669/2009 and Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts;

[^f00014].

• (3) In regulation 39 (offences and penalties), after paragraph (1) insert—

(1A) Any person who imports into Northern Ireland or places on the market any sprouts or seeds intended for sprouting which do not comply with the certification requirements of Article 3 of Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts shall be guilty of an offence.

• (4) In Schedule 1 (Definitions of EU Legislation)—

• (a) Omit the definition of “Regulation 1162/2009”;

• (b) in the definition of “Regulation 853/2004” for “Regulation 1162/2009” substitute “Regulation 1079/2013”;

• (c) in the definition of “Regulation 882/2004” for “Regulation 1162/2009” substitute “Regulation 702/2013”;

• (d) at the end, insert—

• “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.

Consequential amendment to the Food Safety Order (Northern Ireland) 1991

5

In Article 8(5)(a) of the Food Safety (Northern Ireland) Order 1991 for “4(a)” substitute “4(b)”.

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 9th December 2013.

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

These Regulations amend the General Food Regulations (Northern Ireland) 2004 (S.R. 2004 No. 505) (regulation 2), the Food Hygiene Regulations (Northern Ireland) 2006 (S.R. 2006 No. 13) (regulation 3) and the Official Feed and Food Controls Regulations (Northern Ireland) 2009 (S.R. 2009 No. 427) (regulation 4) in order to provide for the enforcement of the following EU Regulations –

• (a) Commission Implementing Regulation (EU) No 208/2013 on traceability requirements for sprouts and seeds intended for the production of sprouts (OJ No. L68, 12.3.2013, p.16);

• (b) 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 (OJ No. L68, 12.3.2013, p.24); and

• (c) Commission Regulation (EU) No 211/2013 on certification requirements for imports into the Union of sprouts and seeds intended for the production of sprouts (OJ No. L68, 12.3.2013, p.26).

These Regulations implement 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. They also implement 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.

These Regulations also make a minor amendment to the enforcement authority in Regulation 6(2) of the General Food Regulations to include the Food Standards Agency.

A consequential amendment is made to the Food Safety Order (NI) 1991.

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]: S.I. 1999/2027

[^f00005]: 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)

[^f00006]: 1954 c.33 (N.I.)

[^f00007]: S.R. 2004 No. 505, amended by S.R. 2005 No. 574

[^f00008]: OJ No. L68, 12.3.2013, p.16

[^f00009]: S.R. 2006 No. 3, amended by S.R. 2007 No. 16, S.R. 2010 No. 83, S.R. 2012 No. 130, S.R. 2012 No. 280 and S.R. 2013 No. 66

[^f00010]: OJ No. L68, 12.3.2013, p.24

[^f00011]: OJ No. L199, 24.7.2013, p.3

[^f00012]: OJ No. L292, 1.112013, p.10

[^f00013]: S.R. 2009 No. 427, amended by S.R. 2013 No. 66

[^f00014]: OJ No. L68, 12.3.2013, p.26