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Statutory Rules of Northern Ireland


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STATUTORY RULES OF NORTHERN IRELAND


2005 No. 538

FOOD

The Contaminants in Food Regulations (Northern Ireland) 2005

  Made 1st December 2005 
  Coming into operation 1st January 2006 

The Department of Health, Social Services and Public Safety[1], makes the following Regulations in exercise of the powers conferred on it by Articles 15(1)(a), (e) and (f), 16(1) and (2), 25(1)(a) and (3), 26(3), 32(1) and (2)(b), (c) and (f) and 47(2) of the Food Safety (Northern Ireland) Order 1991[2].

     In accordance with Article 47(3A) of the said Order, it has had regard to relevant advice given by the Food Standards Agency.

     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[3], there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

Citation and commencement
     1. These Regulations may be cited as the Contaminants in Food Regulations (Northern Ireland) 2005 and shall come into operation on 1st January 2006.

Interpretation
    
2. —(1) In these Regulations—

    (2) Other expressions used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.

Offences and penalties
     3. —(1) Subject to the transitional arrangements contained in the Community provisions specified in paragraph (2), a person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if—

    (2) The Community provisions mentioned in paragraph (1) are—

Enforcement
    
4. Each district council shall execute and enforce these Regulations within its district.

Procurement and analysis of samples
    
5. —(1) Where a sample is to be taken under Article 29(b) or (d) of the Order of a food specified in Annex I to the Commission Regulation, that sample shall be taken in accordance with the methods of taking samples described or referred to—

Nitrate


Aflatoxins


Ochratoxin A


Patulin


Lead, cadmium, mercury and 3-MCPD


Dioxins and dioxin-like PCBs


Tin


Benzo(a)pyrene


Preparation and analysis of samples for aflatoxins


    (2) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (b) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for lead, cadmium, mercury and 3-MPCD


    (3) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (e) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for ochratoxin A


    (4) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (c) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for dioxins and dioxin-like PCBs


    (5) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (f) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for patulin


    (6) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (d) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for tin


    (7) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (g) of that paragraph, and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order the person who analyses the sample shall ensure that—

Preparation and analysis of samples for benzo(a)pyrene


    (8) Where, pursuant to Article 29(b) or (d) of the Order as read with paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub-paragraph (h) of that paragraph and he has submitted that sample to be analysed pursuant to Article 30(1)(a) of the Order, the person who analyses the sample shall ensure that—

Application of various provisions of the Food Safety (Northern Ireland) Order 1991
     6. —(1) The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in them to the Order or Part thereof shall be construed as a reference to these Regulations—

    (2) Subject to paragraph (3), Article 8 of the Order (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows—

    (3) The expressions "placing on the market", "Directive 98/53/EC", "Directive 2001/22/EC", "Directive 2002/26/EC", "Directive 2002/69/EC", "Directive 2003/78/EC", "Directive 2004/16/EC" and "Directive 2005/10/EC" which are used in Article 8 of the Order so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.

Revocations
    
7. The Contaminants in Food Regulations (Northern Ireland) 2004[42] and the Contaminants in Food (Amendment) Regulations (Northern Ireland) 2005[43] are hereby revoked.



Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on


1st December 2005.

L.S.


Deirdre Kenny
A senior officer of the Department of Health, Social Services and Public Safety


EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations revoke and re-enact with changes the Contaminants in Food Regulations (Northern Ireland) 2004 (S.R. 2004 No. 487) as amended—

The Regulations—


Notes:

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

[2] S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28 and S.R. 2004 Nos. 482 and 505back

[3] O.J. No. L31, 1.2.2002, p. 1. That Regulation was last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council (O.J. No. L245, 29.9.2003, p. 4)back

[4] O.J. No. L77, 16.3.2001, p. 1back

[5] O.J. No. L313, 30.11.2001, p. 60back

[6] O.J. No. L321, 6.12.2001, p. 1back

[7] O.J. No. L37, 7.2.2002, p. 4back

[8] O.J. No. L41, 13.2.2002, p. 12back

[9] O.J. No. L75, 16.3.2002, p. 18back

[10] O.J. No. L80, 23.3.2002, p. 42back

[11] O.J. No. L86, 3.4.2002, p. 5back

[12] O.J. No. L155, 14.6.2002, p. 63back

[13] O.J. No. L203, 12.8.2003, p. 1back

[14] O.J. No. L326, 13.12.2003, p. 12back

[15] O.J. No. L42, 13.2.2004, p. 3back

[16] O.J. No. L74, 12.3.2004, p. 11back

[17] O.J. No. L104, 8.4.2004, p. 48back

[18] O.J. No. L106, 15.4.2004, p. 3back

[19] O.J. No. L106, 15.4.2004, p. 6back

[20] O.J. No. L16, 20.1.2005, p. 43back

[21] O.J. No. L25, 28.1.2005, p. 3back

[22] O.J. No. L34, 8.2.2005, p. 3back

[23] O.J. No. L293, 9.11.2005, p11back

[24] O.J. No. L201, 17.7.1998, p. 93back

[25] O.J. No. L75, 16.3.2002, p. 44,back

[26] O.J. No. L332, 19.12.2003, p. 38back

[27] O.J. No. L113, 20.4.2004, p. 14back

[28] O.J. No. L77, 16.3.2001, p. 14back

[29] O.J. No. L325, 8.12.2001, p. 34back

[30] O.J. No. L19, 21.1.2005, p. 50back

[31] O.J. No. L75, 16.3.2002, p. 38back

[32] O.J. No. L27, 29.1.2005, p. 38back

[33] O.J. No. L209, 6.8.2002, p. 5back

[34] O.J. No. L252, 20.9.2002, p. 40back

[35] O.J. No. L113, 20.4.2004, p. 17back

[36] O.J. No. L203, 12.8.2003, p. 40back

[37] O.J. No. L42, 13.2.2004, p. 16back

[38] O.J. No. L34, 8.2.2005, p. 15back

[39] O.J. No. L165, 30.4.04, p. 1. The revised text of this Regulation is now set out in a Corrigendum (O.J. No. L191, 28.5.2004, p. 1)back

[40] The requirement is that the minimum number of units required for a laboratory sample in such circumstances is 10back

[41] O.J. No. L187, 16.7.2002, p. 30back

[42] S.R. 2004 No. 487back

[43] S.R. 2005 No. 199back



ISBN 0 337 96265 0


 © Crown copyright 2005

Prepared 16 December 2005


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