Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 (S.R. No. 277 of 2014)

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 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 2014 No. 277 FOOD The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 Made - - - - 5th November 2014 Coming into operation 13th December 2014 The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972(2). The Department of Health, Social Services and Public Safety has been designated(3) for the purposes of that section in relation to measures relating to food (including drink) including the primary production of food. 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 the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety(4) there has been open and transparent public consultation during the preparation and evaluation of the following Regulations. Title and commencement 1. These Regulations may be cited as the Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 and come into operation on 13th December 2014. Amendments to the Food Hygiene Regulations (Northern Ireland) 2006 2. (1) The Food Hygiene Regulations (Northern Ireland) 2006(5) are amended in accordance with paragraphs (2) and (3). (2) In Regulation 17 (offences and penalties)— (1) Formerly the Department of Health and Social services; see S.I.1999/283 (N.I.1), Article 3 (2) 1972 c.68 (3) S.I. 2003/2901 (4) OJ No. L31, 1.2.2002, p1, 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) (5) SR 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, S.R. 2013 No.66 and S.R. 2013 No. 291 http://www.legislation.gov.uk/european/regulation/2002/0178 http://www.legislation.gov.uk/id/nisi/1999/283 http://www.legislation.gov.uk/id/ukpga/1972/68 http://www.legislation.gov.uk/id/uksi/2003/2901 http://www.legislation.gov.uk/european/regulation/2009/0596 http://www.legislation.gov.uk/european/decision/1999/0468 http://www.legislation.gov.uk/id/nisr/2007/16 http://www.legislation.gov.uk/id/nisr/2010/83 http://www.legislation.gov.uk/id/nisr/2012/130 http://www.legislation.gov.uk/id/nisr/2012/280 http://www.legislation.gov.uk/id/nisr/2013/66 http://www.legislation.gov.uk/id/nisr/2013/291 Document Generated: 2014-11-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 2 (a) for paragraph 3 substitute— “(3) A person guilty of an offence under— (a) regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both. (b) Schedule 6 paragraph 1(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale”. (3) In Schedule 1 (definitions of EU legislation) for the definition of “Regulation 2075/2005” substitute ““Regulation 2075/2005” means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat as last amended in respect of its articles by Commission Regulation (EU) No. 216/2014.”(6) (4) In Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption)— (a) for paragraph 1 substitute,— “1. Any person who sells raw milk intended for direct human consumption in contravention of— (1) paragraph 5, or (2) paragraph 7A (1) or (2), shall be guilty of an offence”. (b) after paragraph 7, insert the following paragraphs— “7A. (1) Subject to paragraph (3) and except in cases to which paragraph (2) applies the container in which any raw milk is sold shall be marked or labelled “This milk has not been heat-treated and may therefore contain organisms harmful to health”. (2) Subject to paragraph (3), in the case of any raw milk which is not prepacked and is sold at a catering establishment, the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health” must appear— (a) on a label attached to the container in which that milk is sold, or (b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk. (3) The provisions of paragraphs (1)–(3) do not apply to raw milk from buffaloes.” (c) in paragraph 8— (i) before the definition of “distributor”, insert— ““catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;”; (ii) before the definition of “occupier”, insert— ““labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;”; and (iii) after the definition of “occupier”, insert— (6) The principal instrument is published in OJ L 338, 22.12.2005, p.60 and the amending instrument in OJ L 216/2014 http://www.legislation.gov.uk/european/regulation/2005/2075 Document Generated: 2014-11-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 3 ““prepacked”, in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the final consumer or to a catering establishment;”. Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th November 2014. Julie Thompson A senior officer of the Department of Health, Social Services and Public Safety Document Generated: 2014-11-12 Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format. 4 EXPLANATORY NOTE (This note is not part of the Regulations) These Regulations implement Commission Regulation (EU) No. 216/2014 amending Regulation (EC) No. 2075/2005 laying down specific rules on Trichinella in meat (regulation 2(3)). These Regulations make amendments to the Food Hygiene Regulations (Northern Ireland) 2006 to make continuing provision for the labelling of raw milk intended for direct human consumption with prescribed information relating to the absence of heat treatment (regulation 2(2) and (4)). http://www.legislation.gov.uk/european/regulation/2005/2075