S.I. No. 123/1987:

EUROPEAN COMMUNITIES (CASEINS AND CASEINATES) (METHODS OF SAMPLING AND ANALYSIS) REGULATION, 1987.

EUROPEAN COMMUNITIES (CASEINS AND CASEINATES) (METHODS OF SAMPLING AND ANALYSIS) REGULATION, 1987.

I, MICHAEL O'KENNEDY, Minister for Agriculture and Food, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 8¾17/EEC of 25 July, 1983¹, First Commission Directive No. 85/503/EEC of 25 October, 1985² and First Commission Directive No. 86/424/EEC of 15 July 1986³, hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Caseins and Caseinates) (Methods of Sampling and Analysis) Regulations, 1987 and shall come into operation on the 1st day of May, 1987.

(2) The European Communities (Caseins and Caseinates) Regulations, 1985 ( S.I. No. 248 of 1985 ), and these Regulations may be cited together as the European Communities (Caseins and Casinates) Regulations, 1985 and 1987 and shall be construed together as one.

2. (1) In these Regulations--

"authorised officer" has the meaning assigned to it by Regulation 2 of the Principal Regulations;

"the Principal Regulations" means the European Communities (Casins and Caseinates) Regulations, 1985 ( S.I. No. 248 of 1985 ).

(2) A word or expression that is used in these Regulations and is also used in Council Directive No. 8¾17/EEC of 25 July, 1983, First Commission Directive No. 85/503/EEC of 25 October, 1985 or First Commission Directive No. 86/424/EEC of 15 July, 1986 has, unless contrary intention appears, the meaning in these Regulations that it has in the said Directives.

⁽¹⁾O.J. No. L237/25, 26.8.1983.

⁽²⁾O.J. No. L308/12, 20.11.1985.

⁽³⁾O.J. No. L243/29, 28.8.1986.

3. Where samples are taken under Regulation 10 of the Principal Regulations, the sampling requirements (including specifications of sampling equipment, sampling containers, sampling techniques, storage of samples, transport of samples) procedures and sampling methods shall be those outlined in the Annex to the First Commission Directive No. 86/424/EEC of 15 July, 1986.

4. (1) Where samples are taken under Regulation 10 of the Principal Regulations, and delivered to a Dairy Science Laboratory the analysis of such samples which are necessary for the verification of the criteria set out in Annex I of the First Commission Directive No. 85/503/EEC of 25 October, 1985, shall be carried out in accordance with the methods described in Annex II of the said Directive.

(2) In this Regulation "Dairy Science Laboratory" means one of the following Dairy Science Laboratories, the Dairy Science Laboratory, Butter Testing Station, Harcourt Tce., Dublin 2, the Dairy Science Laboratory, Model Farm Road, Cork or the Dairy Science Laboratory, Killeely Rd., Limerick.

5. A report of the samples taken and the result of an analysis of edible caseins and caseinates carried out for the purposes mentioned in Regulation 4 of these Regulations shall be in the form set out in the Schedule to these Regulations and shall be known as a "certificate of analysis of edible caseins and caseinates" and shall accompany the samples.

6. In any prosecution for an offence under the European Communities (Caseins and Caseinates) Regulations, 1985 ( S.I. No. 248 of 1985 ), the production of a certificate of analysis of edible caseins and caseinates purporting to be signed by an authorised officer shall be prima facie evidence of--

(a) the facts set out in the said certificate, and

(b) the sampling and analysis referred to in the said certificate having been carried out.

7. Regulation 10 of the Principal Regulations is hereby amended by the substitution of the following paragraphs for paragraphs (1) and (2):

(1) An authorised officer may at any reasonable time enter and inspect any premises in which he has reasonable grounds for believing that the business of processing, storing, packaging, mixing or marketing or of importing or exporting products to which these Regulations apply is carried on or any other premises in which he believes such products (which he believes to have been landed or otherwise brought into the State) are kept, or any railway wagon, vehicle, ship, vessel or aircraft in which he believes such products are kept, and may examine such products and take samples for analysis which he finds in the course of his inspection and for each sample taken he shall simultaneously prepare at least one equivalent representative sample.

(2) Subject to paragraph (2A) of these Regulations, where samples are taken pursuant to paragraph (1) of this Regulation, the authorised officer shall--

(a) at the place where the samples are taken, place the samples in a container, seal the container and affix to the container a label indicating--

(i) the name of the manufacturer of the samples,

(ii) the type of casein or casinate purported to be represented by the samples,

(iii) the batch production code or date of manufacture of the samples, whichever is applicable,

(iv) the mesh size of each casein or caseinate, if applicable,

(v) the date on which the samples were taken,

(vi) the signature of the authorised officer who has taken the samples,

(b) notify forthwith the appropriate person that the samples have been so taken,

(c) if so required by the appropriate person at the time of the giving of the notification, take a further sample, which shall be like the samples already so taken, and having followed the procedure set out in sub-paragraph (a) of this paragraph in relation to that sample, leave it with the appropriate person, and

(d) deliver the samples as soon as possible to one of the following Dairy Science Laboratories, the Dairy Science Laboratory, Butter Testing Station, Harcourt Tce., Dublin 2, the Dairy Science Laboratory, Model Farm Road, Cork or the Dairy Science Laboratory, Killeely Rd., Limerick.

(2A) Where caseins and caseinates have been packed into bags and the bags have been divided into batches, where the number of bags in a batch is a number specified in column (1) of the Table to this paragraph opposite a reference number the number of bags in that batch from which samples are to be taken shall be the number specified in column (2) opposite that reference number. For each additional 100 bags or fraction thereof one additional bag should be selected.

TABLE

SCHEDULE

DEPARTMENT OF AGRICULTURE AND FOOD, DUBLIN 2

CERTIFICATE OF ANALYSIS OF EDIBLE CASEINS AND CASEINATES

This is to certify that the above mentioned samples, which were duly sealed, have been analysed under the direction of the Minister for Agriculture and Food and were found to comply*/not to comply* with the requirements of the European Communities (Caseins and Caseinates) Regulation, 1985 (No. 248 of 1985). This certificate is given under the European Communities (Edible Caseins and Caseinates) (Methods of Sampling and Analysis) Regulations, 1987.

GIVEN under my Official Seal, this 29th day of April, 1987.

MICHAEL O'KENNEDY,

Minister for Agriculture and Food.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to Commission Directives 85/503/EEC and 86/424/EEC on the approximation of laws of the Member States relating to the methods of sampling for the chemical analysis of edible caseins and caseinates.

These Regulations should be read together with the Council Directive.