Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 (S.R. No. 498 of 2007)

S T A T U T O R Y R U L E S O F N O R T H E R N I R E L A N D 2007 No. 498 FOOD The Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 Made - - - - 5th December 2007 Coming into operation- - 30th December 2007 The Department of Health, Social Services and Public Safety(a) makes the following Regulations in exercise of the powers conferred by Articles 15(1)(e), 16(1), 25(1)(a), and 47(2) of the Food Safety (Northern Ireland) Order 1991(b). It has had regard to relevant advice given by the Food Standards Agency as required by Article 47(3A) of that Order. There has been open and transparent public consultation during the preparation of the Regulations as required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council(c) 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. Citation and commencement 1. These Regulations may be cited as the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 and come into operation on 30th December 2007. Amendment of the Food Labelling Regulations (Northern Ireland) 1996 2.—(1) The Food Labelling Regulations (Northern Ireland) 1996(d) are amended in accordance with paragraphs (2) and (3). (2) In regulation 50 (transitional provision), after paragraph (13) insert the following — “(14) In any proceedings for an offence under regulation 44(a) it shall be a defence to prove that — (a) Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6) (b) 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 505 (c) OJ No. L31, 1.2.2002, p. 1 as last amended by Commission Regulation (EC) No. 575/2006 (OJ No. L100, 8.4.2006, p.3) amending Regulation (EC) No. 178/2002 of the European Parliament and of the Council as regards the number and names of the Permanent Scientific Panels of the European Food Safety Authority (OJ No. L100, 8.4.2006, p.3). By virtue of Regulation 5 of the Food Safety (Northern Ireland) Order 1991 (Amendment) Regulations (Northern Ireland) 2004 (S.R. 2004 No.482), with effect from 7th December 2004 the consultation requirement contained in Article 47(3) of the 1991 Order is disapplied in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 (d) S.R..1996 No.383; the relevant amending Regulations are S.R. 1998 No.253, S.R. 1999 Nos. 143 , 244 and 286 , S.R. 2000 No.303, S.R. 2003 Nos.159 and 448, S.R. 2004 Nos. 346 and 469, S.R. 2005 Nos.198 and 390 2 (a) the food concerned was sold before 23 December 2008 or marked or labelled before that date; and (b) the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by regulation 2(3) of the Food Labelling (Declaration of Allergens) Regulations (Northern Ireland) 2007 had not been in operation when the food was sold.”. (3) In Schedule AA1 (allergenic ingredients) — (a) after paragraph 2 insert “2(a). Molluscs and products thereof”; (b) after paragraph 6 insert “6(a). Lupin and products thereof”. Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th December 2007. Andrew McCormick A senior officer of the Department of Health, Social Services and Public Safety 3 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations further amend the Food Labelling Regulations (Northern Ireland) 1996 (“the principal Regulations”). These Regulations implement Commission Directive No. 2006/142/EC (OJ No. L368, 23.12.2006, pp.110-111) amending Annex IIIa of Directive 2000/13/EC of the European Parliament and of the Council listing the ingredients which must under all circumstances appear on the labelling of foodstuffs. Two new ingredients are added to that list. Published and printed in the UK by The Stationery Office Limited under the authority and superintendence of Carol Tullo, Controller of Her Majesty’s Stationery Office being the Government Printer for Northern Ireland and the Officer appointed to print the Acts of the Northern Ireland Assembly Dd. N3454. C2. 12/07. Gp. 130. 14567.