European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations, 2014 (S.I. No. 143 of 2014)

STATUTORY INSTRUMENTS. S.I. No. 143 of 2014 ———————— EUROPEAN COMMUNITIES (CERTAIN CONTAMINANTS IN FOODSTUFFS) (AMENDMENT) REGULATIONS 2014 2 [143] S.I. No. 143 of 2014 EUROPEAN COMMUNITIES (CERTAIN CONTAMINANTS IN FOODSTUFFS) (AMENDMENT) REGULATIONS 2014 I, JAMES REILLY, Minister for Health, 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 further effect to Commission Regulation (EU) No. 1067/2013 of 30 October 20131 hereby make the following regulations: 1. (1) These Regulations may be cited as the European Communities (Certain Contaminants in Foodstuffs) (Amendment) Regulations 2014. (2) The Principal Regulations, the Regulations of 2012, the Regulations of 2013 and these Regulations may be cited together as the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 to 2014. 2. In these Regulations— “Principal Regulations” means the European Communities (Certain Contami nants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010); “Regulations of 2012” means the European Communities (Certain Contami nants in Foodstuffs) (Amendment) Regulations 2012 (S.I. No. 276 of 2012) and the European Communities (Certain Contaminants in Foodstuffs) (Amendment) (No. 2) Regulations 2012 (S.I. No. 348 of 2012); “Regulations of 2013” means the European Communities (Certain Contami nants in Foodstuffs) (Amendment) Regulations 2013 (S.I. No. 380 of 2013). 3. The Principal Regulations are amended— (a) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting for the definition of “Commission Regulation (EC) No. 1881/2006” the following— ‘“Commission Regulation (EC) No. 1881/2006’ means Commission Regulation (EC) No. 1881/2006 of 19 December 20062 regarding set ting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 20073, Commission Regulation (EC) No. 565/2008 of 18 June 20084, Commission Regulation (EC) No. 629/2008 of 2 July 20085, Commission Regulation (EU) No. 105/2010 of 5 February 1OJ No. L. 289, 31.10.2013, p. 56. 2OJ No. L. 364, 20.12.2006, p. 5. 3OJ No. L. 255, 29.9.2007, p. 14. 4OJ No. L. 160, 19.6.2008, p. 20. 5OJ No. L. 173, 3.7.2008, p. 6. Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 21st March, 2014. [143] 3 20106, Commission Regulation (EU) No. 165/2010 of 26 February 20107, Commission Regulation (EU) No. 420/2011 of 29 April 20118 as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 20119, Commission Regulation (EU) No. 835/2011 of 19 August 201110, Commission Regulation (EU) No. 1258/2011 of 2 December 201111, Commission Regulation (EU) No. 1259/2011 of 2 December 201112, Commission Regulation (EU) No. 594/2012 of 5 July 201213, Commission Regulation (EU) No. 1058/2012 of 12 November 201214 and Commission Regulation (EU) No. 1067/2013 of 30 October 20131;”. (b) in Regulation 2(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting for the definition of “EU Regulations” the following— ‘“EU Regulations’ means Council Regulation (EEC) No. 315/93 of 8 February 199315 laying down Community procedures for contaminants in food, Commission Regulation (EC) No. 1881/2006 of 19 December 20062 regarding setting maximum levels for certain contaminants in foodstuffs, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 20073, Commission Regulation (EC) No. 565/2008 of 18 June 20084, Commission Regulation (EC) No. 629/2008 of 2 July 20085, Commission Regulation (EU) No. 105/2010 of 5 February 20106, Commission Regulation (EU) No. 165/2010 of 26 February 20107, Commission Regulation (EU) No. 420/2011 of 29 April 20118 as affected by Corrigendum to Commission Regulation (EU) No. 420/2011 of 29 April 20119, Commission Regulation (EU) No. 835/2011 of 19 August 201110, Commission Regulation (EU) No. 1258/2011 of 2 December 201111, Commission Regulation (EU) No. 1259/2011 of 2 December 201112, Commission Regulation (EU) No. 594/2012 of 5 July 201213, Commission Regulation (EU) No. 1058/2012 of 12 November 201214 and Commission Regulation (EU) No. 1067/2013 of 30 October 20131, and, as regards laying down methods of sampling and analysis for the official control of the levels of certain contaminants in foodstuffs, Commission Regulation (EC) No. 401/2006 of 23 February 200616 as amended by Commission Regu lation (EU) No. 178/2010 of 2 March 201017, Commission Regulation (EC) No. 1882/2006 of 19 December 200618 laying down methods of sampling and analysis for the official control of the levels of nitrates 6OJ No. L. 35, 6.2.2010, p. 7. 7OJ No. L. 50, 27.2.2010, p. 8. 8OJ No. L. 111, 30.4.2011, p. 3. 9OJ No. L. 168, 28.6.2011, p. 20. 10OJ No. L. 215, 20.8.2011, p. 4. 11OJ No. L. 320, 3.12.2011, p. 15. 12OJ No. L. 320, 3.12.2011, p. 18. 13OJ No. L. 176, 6.7.2012, p. 43. 14OJ No. L. 313, 13.11.2012, p. 14. 15OJ No. L. 37, 13.2.1993, p. 1. 16OJ No. L. 70, 9.3.2006, p. 12. 17OJ No. L. 52, 3.3.2010, p. 32. 18OJ No. L. 364, 20.12.2006, p. 25. 4 [143] in certain foodstuffs, Commission Regulation (EC) No. 333/2007 of 28 March 200719, as amended by Commission Regulation (EU) No. 836/2011 of 19 August 201120 (including as regards its title, which, since 1 September 2012, has referred to “polycyclic aromatic hydro carbons” instead of “benzo(a)pyrene”) and, as regards laying down methods of sampling and analysis for the official control of levels of dioxins, dioxin-like PCBs and non-dioxin-like PCBs in certain food stuffs and repealing Regulation (EC) No. 1883/2006, Commission Regulation (EU) No. 252/2012 of 21 March 201221;”. (c) in Regulation 6(1) (as amended by Regulation 3 of the Regulations of 2013) by substituting the following— “For the purposes of this Regulation and of Regulations 7 to 11, all references to “the Annex” mean the Annex to Commission Regu lation (EC) No. 1881/2006 of 19 December 20062, as amended by Commission Regulation (EC) No. 1126/2007 of 28 September 20073, Commission Regulation (EC) No. 565/2008 of 18 June 20084, Com mission Regulation (EC) No. 629/2008 of 2 July 20085, Commission Regulation (EU) No. 105/2010 of 5 February 20106, Commission Regulation (EU) No. 165/2010 of 26 February 20107, Commission Regulation (EU) No. 420/2011 of 29 April 20118 as affected by Corrig endum to Commission Regulation (EU) No. 420/2011 of 29 April 20119, Commission Regulation (EU) No. 835/2011 of 19 August 201110, Commission Regulation (EU) No. 1258/2011 of 2 December 201111, Commission Regulation (EU) No. 1259/2011 of 2 December 201112, Commission Regulation (EU) No. 594/2012 of 5 July 201213, Commission Regulation (EU) No. 1058/2012 of 12 November 201214 and to Commission Regulation (EU) No. 1067/2013 of 30 October 20131.”. (d) in Regulation 11 (as last amended by Regulation 3 of the Regulations of 2012) by inserting after paragraph (2A) the following— “(2B) The prohibition in Regulation 6(2) shall not apply to food stuffs and derived products referred to in section 5.2 of the Annex with regard to the maximum levels for dioxins, dioxin-like PCBs and non dioxin-like PCBs laid down in the said section 5.2 and that were placed on the market before 1 January 2014, provided that, in all such cases, such products were placed on the market in conformity with the pro visions applicable thereto at the date of their placing on the market.”. (e) in Regulation 12 by substituting the following— 12. (1) The Minister, after consultation with the Authority, may, by notice in writing, temporarily suspend or restrict the application of 19OJ No. L. 88, 29.3.2007, p. 29. 20OJ No. L. 215, 20.8.2011, p. 9. 21OJ No. L. 84, 23.3.2012, p. 1. [143] 5 these Regulations where, as a result of new information or of a reas sessment of existing information, there is reason to suspect that a con taminant in food, although complying with these Regulations, consti tutes a health risk. (2) The Minister, after consultation with the Authority, may, by notice in writing, temporarily suspend or restrict the placing on the market or sale of a particular food, or both such placing and sale, where, as a result of new information or of a reassessment of existing information, there is reason to suspect that a contaminant present ther ein, although complying with these Regulations and the EU Regu lations, constitutes a health risk. (3) Any notice issued under this Regulation shall be published in Iris Oifigiúil. GIVEN under my Official Seal, 13 March 2014. JAMES REILLY, Minister for Health. 6 [143] EXPLANATORY NOTE (This note is not part of the Instrument and does not purport to be a legal interpretation). These Regulations give further effect to Commission Regulation (EU) No. 1067/2013 of 30 October 2013 amending Regulation (EC) No. 1881/2006 as regards maximum levels of the contaminants dioxins, dioxin-like PCBs and non dioxin-like PCBs in the liver of terrestrial animals. These Regulations amend the European Communities (Certain Contaminants in Foodstuffs) Regulations 2010 (S.I. No. 218 of 2010) in the manner specified in these Regulations. These Regulations may be cited as the European Communities (Certain Con taminants in Foodstuffs) (Amendment) Regulations 2014. BAILE ÁTHA CLIATH ARNA FHOILSIÚ AG OIFIG AN tSOLÁTHAIR Le ceannach díreach ó FOILSEACHÁIN RIALTAIS, 52 FAICHE STIABHNA, BAILE ÁTHA CLIATH 2 (Teil: 01 - 6476834 nó 1890 213434; Fax: 01 - 6476843) nó trí aon díoltóir leabhar. —————— DUBLIN PUBLISHED BY THE STATIONERY OFFICE To be purchased from GOVERNMENT PUBLICATIONS, 52 ST. STEPHEN'S GREEN, DUBLIN 2. 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