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Statutory Rules of Northern Ireland

2007 No. 482

AGRICULTURE

fooD

The Official Feed and Food Controls Regulations (Northern Ireland) 2007

Made

23rd November 2007

Coming into operation

21st December 2007

Contents

Go to Preamble

  1. PART 1

    PRELIMINARY

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART 2

    MAIN PROVISIONS

    1. 3. Competent authorities

    2. 4. Exchanging and providing information

    3. 5. Obtaining information

    4. 6. Power to issue codes of recommended practice

    5. 7. Monitoring of enforcement action

    6. 8. Power to request information relating to enforcement action

    7. 9. Power of entry for persons monitoring enforcement action

    8. 10. Meaning of “enforcement authority” and related expressions

    9. 11. Offences relating to regulations 8 and 9

    10. 12. Right of appeal

    11. 13. Staff of competent authority of another member State

    12. 14. Commission experts

    13. 15. Prohibition on disclosure of trade secrets

    14. 16. Execution and enforcement

    15. 17. Powers of entry

    16. 18. Obstruction etc. of officers

    17. 19. Penalties

    18. 20. Time limit for prosecutions

  3. PART 3

    OFFICIAL CONTROLS ON FEED AND FOOD OF NON–ANIMAL ORIGIN FROM THIRD COUNTRIES

    1. 21. Interpretation of this Part

    2. 22. Feed enforcement responsibilities

    3. 23. Food enforcement responsibilities

    4. 24. Functions of the Commissioners

    5. 25. Deferred execution and enforcement

    6. 26. Prohibition on introduction of certain feed and food

    7. 27. Checks on products

    8. 28. Detention, destruction, special treatment, re–dispatch and other appropriate measures and costs

    9. 29. Notices pursuant to Articles 18 and 19 of Regulation 882/2004 (imports of feed and food from third countries)

    10. 30. Right of appeal in respect of notices served under regulation 29

    11. 31. Serious risk to animal or public health

    12. 32. Costs

    13. 33. Procurement by authorised officers of samples with regard to food

    14. 34. Analysis etc. of samples

    15. 35. Powers of entry of authorised officers of a district council

    16. 36. Obstruction etc. of officers (imports)

    17. 37. Offences and penalties

    18. 38. Time limit for prosecutions (imports)

  4. PART 4

    RECOVERY OF EXPENSES

    1. 39. Expenses arising from additional official controls

    2. 40. Expenses arising in respect of co-ordinated assistance and follow-up by the Commission

  5. PART 5

    ENFORCEMENT AND SUPPLEMENTARY PROVISIONS

    1. 41. Offences due to fault of another person

    2. 42. Defence of due diligence

    3. 43. Protection of officers acting in good faith

    4. 44. Revocation

    1. SCHEDULE 1

      DEFINITIONS OF COMMUNITY LEGISLATION

    2. SCHEDULE 2

      DEFINITION OF RELEVANT FEED LAW

    3. SCHEDULE 3

      DEFINITION OF RELEVANT FOOD LAW

    4. SCHEDULE 4

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

    5. SCHEDULE 5

      COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Go to Explanatory Note

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 for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food–producing animals(3), the common agricultural policy of the European Community(4) and measures in the veterinary and phytosanitary fields for the protection of public health(5).

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(6) there has been open and transparent public consultation during the preparation of the following Regulations.

(1)

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

(3)

S.I. 2003/2901 Back [3]

(4)

S.I. 1972/1811, amended by S.I. 2002/794 Back [4]

(5)

S.I. 1999/2027 Back [5]

(6)

OJ No. L31, 1.2.2002, p.1, as last amended by Commission Regulation (EC) No. 575/2006 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) Back [6]

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