S.I. No. 674/2019 - European Union (Food and Feed Hygiene) Regulations 2019

• (3) If a premises is entered under a warrant issued under this Regulation, an authorised officer so entering may exercise all or any of the powers conferred on an authorised officer under these Regulations.

Compliance notice

16.

• (a) these Regulations or the European legislation on food and feed is not being or has not been complied with, or there are reasons to believe that these Regulations or the European legislation on food and feed will not be complied with,

• (b) it is necessary for the protection of human health, animal health or welfare or the environment including the prevention, control or eradication of a disease or contamination of food or feed, or

• (c) it is necessary, ancillary or supplementary for European legislation on food and feed to have full effect,

the officer may serve a notice (“compliance notice”) stating that opinion to the person—

• (i) who appears to be the owner, occupier, or person in charge of the premises, or

• (ii) in possession or control of an animal, animal product, food, feed or other thing to which the notice relates.

• (2) A compliance notice shall—

• (a) require the person to whom it is served to take such action as specified in the notice,

• (b) inform the person to whom it is served that he or she may appeal the notice in the District Court under Regulation 17, and

• (c) state that if the person to whom it is served fails to comply with the notice, he or she commits an offence and is liable to a penalty set out in Regulation 35(1).

• (3) A compliance notice may require that—

• (a) an animal, animal product, food or feed be dealt with in a manner specified in the notice,

• (b) such alterations be made to a premises or operations at a premises as the officer specifies in the notice,

• (c) an animal, animal product, food or feed be disposed of in such manner as the officer specifies in the notice,

• (d) a specified operation or activity cease on a premises,

• (e) a specified operation or activity take place only in a manner specified in the notice,

• (f) a specified type or level of sampling and analysis be undertaken for a period specified in the notice,

• (g) a measure within the meaning of Article 138(2) of Regulation No 2017/625 be taken as specified in the notice,

• (h) a specified operation or activity may only be carried out under and in accordance with such terms and conditions as are specified in the notice, or

• (i) require a person to make such changes to a label, packaging or marketing material including re-labelling of an animal product, food, feed or other thing as may be specified in the notice.

• (4) A person to whom a compliance notice is served shall comply with it until the notice expires, is withdrawn under paragraph (6) or is annulled under Regulation 17, and not cause or permit another person to contravene the terms of the notice.

• (5) A compliance notice may specify a time limit within which it is to be complied with.

• (6) A compliance notice may be modified or withdrawn in a further notice and the earlier notice has effect subject to the modification or withdrawal.

• (7) A compliance notice may require the owner, occupier, operator or person in charge of any premises, an animal, animal product, food, feed, vehicle, vessel, machinery, equipment or other thing to which the European legislation on food and feed relates to choose between two or more of the requirements specified in the notice.

• (8) A compliance notice shall include an address for service of an appeal under Regulation 17.

• (9) A person on whom a compliance notice is served who fails to comply with, or causes or permits another person to contravene the notice, commits an offence.

Appeal against compliance notice

17.

• (a) where the animal, animal product, food, feed, premises, vehicle, machinery, equipment, vessel or other thing to which the European legislation on food and feed relates which is the subject of the notice, is situated, or

• (b) where the person bringing the appeal ordinarily resides or carries on business,

on the grounds that the notice is unreasonable having regard to these Regulations or the European legislation on food and feed.

• (2) Notice of an appeal shall contain a statement on the grounds upon which it is alleged that the notice or any of the terms of the notice are unreasonable and shall be served on the authorised officer who served the compliance notice at the address included on the notice in accordance with Regulation 16 not later than 48 hours prior to the hearing of the appeal.

• (3) A person bringing an appeal shall lodge a copy of the notice or appeal with the District Court Clerk concerned not later than 48 hours prior to the hearing of the appeal.

• (4) On the hearing of an appeal a Judge of the District Court may confirm, modify or annul a notice.

• (5) A person, including a person on whom a compliance notice has been served, shall not—

• (a) pending the determination of an appeal, deal with an animal, animal product, food, feed, premises, vehicle, vessel, machinery, equipment or other thing to which the notice relates, other than in accordance with the terms of the compliance notice, or

• (b) if the notice is confirmed or modified on appeal, deal with an animal, animal product, food, feed, any premises, vehicle, vessel, equipment, machinery or other thing to which the notice relates other than in accordance with the terms of the compliance notice as confirmed or modified.

• (6) In this Regulation “appeal” means an appeal under paragraph (1).

Seizure and detention for non-compliance with a compliance notice

18.

• (a) a person in control of an animal, animal product, feed or food or other thing to which a compliance notice relates, or in control of a premises, vessel, vehicle, equipment, machinery or other thing used in connection with an animal, animal product, feed or food or other thing to which a compliance notice relates fails to comply with the terms of a compliance notice within the time specified,

• (b) an authorised officer has reasonable grounds for believing that the terms of a compliance notice, whether or not modified under Regulation 17 (4), will not be complied with, or

• (c) a compliance notice has been confirmed with or without modification under Regulation 17(4) and the notice has not been complied with,

an authorised officer may at any time seize the animal, feed or food or other thing to which a compliance notice relates, or seize the vessel, vehicle, equipment, machinery or other thing used in connection with an animal, animal product, feed or food or other thing to which a compliance notice relates.

• (2) If the animal, feed or food or other thing to which a compliance notice relates, a vessel, vehicle, equipment, machinery or other thing used in connection with an animal, animal product, feed or food or other thing to which a compliance notice relates is seized in accordance with paragraph (1), an authorised officer may—

• (a) sell, destroy or dispose of the animal, feed or food or other thing to which a compliance notice relates or cause it to be sold, destroyed or be disposed of, or

• (b) take such other measures in relation to the animal, feed or food or other thing to which a compliance notice relates, or in relation to the vessel, vehicle, equipment, machinery or other thing used in connection with an animal, animal product, feed or food or other thing to which a compliance notice relates as the authorised officer considers appropriate in the circumstances.

• (3) Any profits arising out of the sale, destruction or disposal of an animal, animal product, feed or food or other thing to which a compliance notice relates in accordance with paragraph (2) shall be paid to the owner of the animal, feed or food or other thing to which a compliance notice relates less any expenses incurred in connection with the seizure, sale, destruction or disposal.

• (4) The costs (including ancillary costs) of a measure taken under this Regulation are recoverable by the Registering Authority—

• (a) as a simple contract debt in a court of competent jurisdiction from the person who was the owner of the animal, feed or food or other thing to which these Regulations or the European legislation on food and feed relates or from the person who was the owner of the means of transport at the time the measure was carried out, or

• (b) by deducting the costs from any sum payable from the Registering Authority to a person on whom a notice has been served.

• (5) The costs of any action required by a compliance notice shall be borne by the owner of a premises, animal, feed or food to which the notice relates.

Fixed Payment Notice

19.

• (a) the person is alleged to have committed the offence,

• (b) the person may during the period of 28 days beginning on the date of the notice make to the registering authority, at the address specified in the notice, a payment of €250 accompanied by the notice,

• (c) the person is not obliged to make the payment, and

• (d) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted.

• (2) Where a fixed payment notice is served under paragraph (1)—

• (a) the person to whom the notice applies may, during the period specified in the notice, make to the registering authority, at the address specified in the notice, the payment specified in the notice accompanied by the notice,

• (b) the registering authority may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it, and

• (c) a prosecution in respect of the alleged offence shall not be instituted in the period specified in the notice, and if the payment so specified is made during that period, no prosecution in respect of the alleged offence shall be instituted.

• (3) In proceedings for an offence under these Regulations, the onus of proving that a payment pursuant to a notice under this Regulation has been made lies on the person on whom the fixed payment notice was served.

• (4) In proceedings for an offence referred to in paragraph (1) it is a defence for the accused to show that he or she has made a payment in accordance with this Regulation pursuant to a fixed payment notice issued in respect of that offence.

Fees

20.

• (a) an application for entry onto, or amendment to, the register of feed businesses,

• (b) an application for entry onto, or amendment to, the register of food businesses,

• (c) an application for approval under Regulation 5,

• (d) registration, a licence, authorisation, approval, attestation or certificate (or amendment to registration, a licence, authorisation, approval, attestation or certificate) which is in force for a definite or indefinite period of more than 12 months, such annual fee (if any), or

• (e) the performance by the authority of a function under the European legislation on food and feed or under these Regulations,

and different fees (having regard to Chapter VI of, and Annex IV to, Regulation No 2017/625 and not exceeding the cost, estimated by the registering authority charging the fee, of performing the function to which the fee relates) may be set and charged having regard to the cost to the authority of performing a particular function.

• (2) Notwithstanding paragraph (1), a registering authority shall charge a fee for an activity referred to -

• (a) in Article 79(1), in respect of which a fee is set under Annex IV to that Regulation unless it sets a different fee in accordance with Article 81, and

• (b) in Article 79(2), in accordance with Article 81 of Regulation No 2017/625.

• (3) A fee payable pursuant to this Regulation may be recovered by a registering authority from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

• (4) Moneys received by a Minister of the Government under this Regulation or Regulation 19 shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the Minister for Public Expenditure and Reform.

• (5) A fee set under the Regulations revoked by Regulation 37 remains payable and may be recovered by a registering authority from the person by whom it is payable as a simple contract debt in a court of competent jurisdiction.

Obstruction and false statements

21.

• (a) obstructs, interferes with or impedes an authorised officer, or any person who accompanies an authorised officer, in the course of exercising a function conferred on the officer under these Regulations,

• (b) fails or refuses, without reasonable cause, to comply with a requirement of an authorised officer under Regulation 14,

• (c) fails, without reasonable cause, to give assistance or requested information to an authorised officer in accordance with Regulation 14, or

• (d) in making a notification for registration under Regulation 4 or an application for approval under Regulation 5 or in purporting to give information to an authorised officer for the exercise of the officer’s functions under these Regulations—

• (i) makes a statement that he or she knows to be false or misleading in a material particular or recklessly makes a statement which is false or misleading in a material particular, or

• (ii) intentionally fails to disclose a material particular,

• (e) tampers or otherwise interferes with a sample taken under Regulation 14,

• (f) aids or abets a contravention of these Regulations or the European legislation on food and feed, commits an offence.

Data Sharing

22.

• (a) the Minister,

• (b) the Food Safety Authority of Ireland,

• (c) a registering authority,

• (d) a body or individual to whom a function under these Regulations or the European legislation on food and feed has been delegated,

• (e) the operator of a laboratory for the analysis of samples,

• (f) the operator of a database recognised, approved or established under regulations made under sections 36 of the Animal Health and Welfare Act 2013 , or

• (g) the Minister under the animal tracing systems database established under section 63 of that Act,

for the purposes of these Regulations, an act of the institutions of the European Union, the Act of 1998 or the Animal Health and Welfare Act 2013 may be exchanged by them with each other for the performance by them of their functions under those Acts or Regulations.

• (2) Paragraph (1) is without prejudice to any other power of registering authorities to disclose information by or under an act of the institutions of the European Union.

Contravention of Regulation No 178/2002

23.

• (a) imports feed or food other than in accordance with Article 11,

• (b) exports or re-exports feed or food other than in accordance with Article 12,

• (c) places unsafe food on the market in contravention of Article 14(1),

• (d) places unsafe feed on the market or feeds it to an animal in contravention of Article 15(1),

• (e) misleads or attempts to mislead consumers in contravention of Article 16,

• (f) fails to ensure that food or feed satisfies food law in contravention of Article 17(1),

• (g) fails to identify a person from whom he or she has been supplied with an animal, animal product, food, feed, a food producing animal or a substance intended to be or expected to be incorporated into food or feed in contravention of Article 18(2),

• (h) fails to identify a person to whom a product marketed by him or her has been supplied or fails to have in place systems and procedures to identify persons to whom products marketed by him or her have been supplied in contravention of Article 18(3),

• (i) places food on the market in contravention of Article 18(4),

• (j) fails to initiate procedures to withdraw food from the market in contravention of Article 19(1) or (2),

• (k) fails to inform the registering authority with whom the food business is registered as required by Article 19(3),

• (l) fails to collaborate with a registering authority or an authorised officer in contravention of Article 19(4) or 20(4),

• (m) fails to initiate procedures to withdraw feed from the market in contravention of Article 20(1) or (2),

• (n) fails to inform the registering authority with whom the feed business is registered as required by Article 20(3), or

• (o) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 178/2002 commits an offence.

Contravention of Regulation No 852/2004

24.

• (a) fails to ensure that all stages of production, processing and distribution complies with Article 3,

• (b) fails to comply with the general hygiene requirements, or any specific requirements referred to in Article 4(1) or (2),

• (c) fails to adopt specific hygiene measures in contravention of Article 4(3),

• (d) fails to use appropriate sampling and analytical methods in contravention of Article 4(5),

• (e) fails to put in place, implement and maintain procedures based on the HACCP principles in contravention of Article 5(1),

• (f) fails to provide a registering authority or authorised officer with evidence in contravention of Article 5(4)(a),

• (g) fails to ensure that documents comply with Article 5(4)(b),

• (h) fails to retain documents in contravention of Article 5(4)(c),

• (i) fails to co-operate with a registering authority in contravention of Article 6(1),

• (j) fails to make notification or ensure that a registering authority has up to date information in contravention of Article 6(2),

• (k) fails to ensure that an establishment is approved in contravention of Article 6(3),

• (l) imports food in contravention of Article 10,

• (m) exports or re-exports food in contravention of Article 11, or

• (n) otherwise contravenes a provision (mentioned in this paragraph) of Regulation No 852/2004 commits an offence.

• (2) A person who, by act or omission-

• (a) having adopted a specific hygiene measure referred to in Article 4(3) of Regulation No 852/2004, fails to comply with that measure,

• (b) contravenes a criteria, requirement or target referred to in Article 4(4) of Regulation No 852/2004 that is adopted in accordance with Article 14 (2) of that Regulation,

• (c) having adopted a principle referred to in the first subparagraph of Article 5(2) of Regulation No 852/2004, fails to comply with the principle,

• (d) contravenes a detailed arrangement referred to in Article 5(5) of Regulation No 852/2004, or

• (e) otherwise contravenes a provision (mentioned in this paragraph) commits an offence.

Contravention of Regulation No 853/2004

25.

• (a) fails to comply with a relevant provision in contravention of Article 3(1),

• (b) uses a substance in contravention of Article 3(2), or in a manner prohibited by Article 3(2),

• (c) places a product of animal origin on the market other than in accordance with Article 4(1) or 5(1),

• (d) operates in contravention of Article 4(2) or (3),

• (e) fails to co-operate with a registering authority or an authorised officer, or operates in contravention of Article 4(4),

• (f) removes a health mark in contravention of Article 5(3),

• (g) imports a product of animal origin in contravention of Article 6,

• (h) does not ensure that certificates or other documents accompany a consignment in contravention of Article 7(1),

• (i) does not comply with an implementing measure or transitional arrangement in contravention of Article 9,

• (j) places live bivalve molluscs on the market in contravention of the requirements of Section VII of Annex III,

• (k) places fishery products on the market in contravention of the requirements of Section VII of Annex III, or

• (l) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 853/2004 commits an offence.

Contravention of Regulation No 183/2005

26.

• (a) fails to comply with a general obligation in contravention of Article 4,

• (b) fails to comply with a specific obligation in contravention of Article 5,

• (c) fails to put in place, implement or maintain a HACCP system in contravention of Article 6(1),

• (d) fails to make necessary changes in contravention of Article 6(3),

• (e) fails to comply with documentary requirements in contravention of Article 7(1),

• (f) fails to submit proof of cover by financial guarantees in contravention of Article 8(2),

• (g) fails to co-operate with a registering authority or an authorised officer in contravention of Article 9(1),

• (h) fails to notify or provide up to date information to a registering authority in contravention of Article 9(2),

• (i) fails to ensure that a feed business is approved in contravention of Article 10,

• (j) operates in contravention of Article 11,

• (k) fails to submit a declaration in contravention of Article 17(2),

• (l) fails to make a declaration in contravention of Article 18(3),

• (m) imports feed in contravention of Article 23,

• (n) exports feed in contravention of Article 25, or

• (o) otherwise contravenes a provision (mentioned in this paragraph) of Regulation No 183/2005 commits an offence.

• (2) A person who, by act or omission—

• (a) contravenes a criteria or target referred to in Article 5(3) of Regulation No 183/2005 that is adopted in accordance with Article 31 (2) of that Regulation,

• (b) contravenes a measure referred to in Article 6(5) of Regulation No 183/2005 that is adopted in accordance with Article 31(2) of that Regulation,

• (c) contravenes an arrangement referred to in Article 7(3) of Regulation No 183/2005 that is adopted in accordance with Article 31(2) of that Regulation, or

• (d) otherwise contravenes a provision mentioned in this paragraph commits an offence.

• (3) Subject to Article 24 of Regulation No 183/2005, the Minister may authorise the import from third countries of products referred to in Articles 3 and 4 of the Commission Directive from establishments which have a representative established within the European Union.

• (4) A representative referred to in paragraph (3) who intends to import into the State any product referred to in Article 3 or 4 of the Commission Directive shall submit a declaration to the Minister in which the representative undertakes—

• (a) to ensure that the establishment he represents fulfils the conditions laid down in Article 3(2) second indent or Article 4(2) second indent of the Commission Directive, as applicable,

• (b) to keep a register of products referred to in Articles 3 and 4 of the Commission Directive, as applicable, that the establishment he represents has put into circulation within the Community, according to the Annex.

• (5) A person shall not import from any third country any product referred to in Article 3 or 4 of the Commission Directive unless he or she is so authorised under paragraph (1).

• (6) A person who contravenes paragraph (5) commits an offence.

• (7) In this Regulation “Commission Directive” means Commission Directive 98/51/EC of 9 July 1998¹²⁰ .

Contravention of Regulation No 2073/2005

27.

• (a) fails to comply with a general requirement in contravention of Article 3,

• (b) fails to perform testing in contravention of Article 4,

• (c) fails to comply with a specific rule in contravention of Article 5,

• (d) fails to comply with a labelling requirement in contravention of Article 6,

• (e) fails to take a measure in contravention of Article 7(1),

• (f) deals with a product in contravention of Article 7(2) or 7(3),

• (g) fails to take action, in contravention of Article 7(4),

• (h) fails to analyse trends, in contravention of Article 9, or

• (i) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 2073/2005 commits an offence.

Contravention of Regulation No 2074/2005

28.

• (a) contravenes a requirement concerning food chain information in contravention of Article 1,

• (b) contravenes a requirement concerning a fishery product in contravention of Article 2, or

• (c) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 2074/2005 commits an offence.

Contravention of Regulation 2015/1375

29.

• (a) fails to sample carcases, in contravention of Article 2,

• (b) deals with a carcase, other parts of an animal, animal product, or animal waste or a by-product in contravention of Article 4,

• (c) applies the health mark in contravention of Article 4(3),

• (d) uses a method of detection in contravention of Article 6(1),

• (e) fails to forward a sample, in contravention of Article 6(2),

• (f) fails to inform the Minister, in contravention of Article 9, or

• (g) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 2015/1375 commits an offence.

Contravention of Regulation No 767/2009 of the European Parliament and of the Council

30.

• (a) places feed on the market or uses feed other than in accordance with the safety and marketing requirements in Article 4,

• (b) being a feed business operator fails to comply with the obligations referred to in Article 5(1) or (2),

• (c) places on the market feed that consists of or contains a material the use of which for animal nutrition purposes is restricted or prohibited in contravention of Article 6(1),

• (d) has in his or her possession, uses or places on the market feed or a complementary feed that contains a feed additive in excess of the quantities specified in Article 8,

• (e) places on the market or uses feed intended for particular nutritional purposes in contravention of Article 9,

• (f) places on the market feed that is labelled or presented other than as provided in Article 11 or Annex II,

• (g) being the person responsible for labelling, fails to ensure that the labelling does not contravene Article 12 or 13(3),

• (h) causes or permits claims to be made on the labelling in contravention of Article 13(1) or (2),

• (i) presents labelling particulars other than as provided for in Article 14,

• (j) places a feed material on the market without the label showing the indications specified in Articles 15 and 16,

• (k) places a compound feed on the market without the label showing the indications specified in Articles 15 and 17,

• (l) places feed intended for particular nutritional purposes on the market without the label showing the indications specified in Articles 15, 16, 17 and 18,

• (m) places petfood on the market unless labelled in accordance with Articles 15, 16, 17, 18 and 19,

• (n) has in his or her possession or under his or her control, in contravention of Article 20, feed which does not comply with Annex VIII labelled in accordance with that Annex,

• (o) places a feed material or compound feed on the market with voluntary labelling which does not comply with Article 22,

• (p) places a feed material or compound feed on the market other than in a package that complies with Article 23,

• (q) places on the market feed that includes on the label the name of a feed material listed in the Catalogue other than in accordance with Article 24(5),

• (r) fails to notify a feed material that is not listed in the Community Catalogue as required by Article 24(6), or

• (s) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 767/2009 commits an offence.

Contravention of Commission Implementing Regulation No 208/2013 of 11 March 2013

31.

• (a) fails to keep and transmit records at all stages of production, processing and distribution of batches of sprouts or of batches of seeds intended for the production of sprouts in contravention of Article 3(1), (2) and (3),

• (b) fails to co-operate with a registering authority or an authorised officer in contravention of Article 3(4),

• (c) imports seeds intended for the production of sprouts or consignments of sprouts, other than in accordance with Article 4(1),

• (d) fails to keep the certificate relating to importation in contravention of Article 4(2), or

• (e) fails to provide copies of certificates to food business operators in contravention of Article 4(3) of Commission Implementing Regulation No 208/2013 of 11 March 2013, commits an offence.

Contravention of Regulation No 2017/625

32.

• (a) being an organic control authority, delegated body or natural person to which specific official control tasks have been delegated or an official laboratory, fails to comply with an obligation of confidentiality in contravention of Article 8,

• (b) being an operator, fails to report the arrival of an animal or goods in contravention of Article 9(7),

• (c) being an operator, fails to comply with a requirement (obligations of operators) in contravention of Article 15,

• (d) being a body or natural person to which certain official control tasks or certain tasks related to other official activities have been delegated, fails to comply with an obligation in contravention of Article 32,

• (e) being an operator of an official laboratory, fails to comply with an obligation in contravention of Article 38,

• (f) being an operator, fails to present a consignment of the category of animal or goods referred to in Article 47(1) at a border control post in contravention of Article 47(5),

• (g) being an operator, fails to present original official certificates or documents at a border control post in contravention of Article 50(1),

• (h) being an operator, splits a consignment in contravention of Article 50(3),

• (i) being an operator, fails to complete the Common Health Entry Document (CHED) in contravention of Article 56(1) or (3),

• (j) being an operator, fails to provide prior notification in contravention of Article 56(4),

• (k) being an operator, fails to comply with a direction in contravention of Article 69(1),

• (l) being an operator, re-dispatches a consignment in contravention of Article 72,

• (m) being an operator, fails to issue an official attestation in contravention of Article 91, or

• (n) otherwise contravenes a provision (mentioned in this Regulation) of Regulation No 2017/625 commits an offence.

Contravention of these Regulations

33.

• (a) contravenes Regulation 4(1) or (11), 5(1) or (13), 7(3) or (5), 9(1), (2), (5) or (6), 10, 11, 12(3), 16(4) or (9), 17(5), 21 of these Regulations,

• (b) fails to give assistance to an authorised officer, or person who accompanies the officer, or

• (c) contravenes a condition of-

• (i) a feed business registration,

• (ii) a food business registration,

• (iii) a feed business approval, or

• (iv) a food business approval,

commits an offence.

• (2) A person who contravenes Regulation 12(1), (2), (4) or (5) commits an offence.

• (3) A statement or admission made by a person pursuant to a requirement under Regulation 14(10)(ii) is not admissible in evidence in proceedings brought against the person for an offence (other than an offence under this Regulation for failing to give information or giving false information) under these Regulations.

Service

34.

• (a) by giving it to the person, his or her employee, servant or agent,

• (b) by leaving it at the address at which the person ordinarily resides, normally carries out business, or, if an address for service has been furnished, at that address,

• (c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, if an address for service has been furnished, at that address,

• (d) if the address at which the person ordinarily resides cannot be ascertained by reasonable enquiry and the compliance notice relates to a premises, by delivering it to the premises or by affixing it in a conspicuous position on or near the premises,

• (e) by sending it by means of electronic mail to a device or facility for the reception of electronic mail where such an electronic mail address has been furnished by the person, but only if the sender’s facility for the reception of electronic mail generates a message confirming a receipt of the electronic mail confirming successful transmission of the notification, notice or document.

• (2) If a notification under Regulation 6 (4) or (6) or a compliance notice is to be served on or given to a person who is the owner or occupier of a premises and the name of the person cannot be ascertained by reasonable enquiry, it may be addressed to the person by using the words “the owner” or “the occupier”.

• (3) A person shall not, at any time within 6 months after a notification under Regulation 6 (4) or (6) or a compliance notice is affixed under paragraph (1)(d), remove, damage or deface the notification or compliance notice without lawful authority.

• (4) For the purposes of this Regulation, a company within the meaning of the Companies Act 2014 is considered to be ordinarily resident at its registered office and every other body corporate or unincorporated body is considered to be ordinarily resident at its principal office or place of business.

Penalties & prosecutions

35.

• (a) on summary conviction, to a class A fine, or

• (b) on conviction on indictment to a fine not exceeding €500,000, or to imprisonment for a term not exceeding three years, or to both.

• (2) A person who commits an offence under Regulation 12(1), (2), (4) or (5) is liable—

• (a) on summary conviction, to—

• (i) a class A fine,

• (ii) imprisonment for a term not exceeding 6 months,

• (iii) the forfeiture of any consideration or advantage obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such consideration or advantage, or

• (iv) any combination of the penalties referred to in subparagraphs (i) to (iii), or

• (b) on conviction on indictment, to—

• (i) a fine not exceeding €500,000,

• (ii) imprisonment for a term not exceeding 3 years,

• (iii) the forfeiture of any consideration or advantage obtained in connection with the offence or, in the alternative, the forfeiture of land, cash or other property of an equivalent value to such consideration or advantage, or

• (iv) any combination of the penalties referred to in subparagraphs (i) to (iii).

• (3) An offence under these Regulations may be prosecuted summarily by a registering authority or by the Food Safety Authority of Ireland.

• (4) If an offence under these Regulations is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of or to have been attributable to the wilful neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purported to act in any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she was guilty of the offence.

• (5) If the affairs of a body corporate are managed by its members, paragraph (4) applies in relation to the acts and defaults of a member in connection with the functions of management as if the member were a director or manager of the body corporate.

• (6) In proceedings alleging a contravention of these Regulations, it is a defence for the defendant to show he or she acted in accordance with a derogation or transitional measure laid down by an act of an institution of the European Union relevant to the subject of the offence it is alleged that he or she committed.

Evidence on certificate etc

36.

• (a) that the person received a sample,

• (b) that, for the period specified in the certificate, the person had the sample in his or her possession,

• (c) that the person gave the sample to another person named in the certificate, or

• (d) the person carried out a procedure for the purpose of detecting in the sample, a substance or contamination or that the sample contained a substance as is, or was contaminated in a manner, specified in the certificate,

is (without proof of the signature of the person or that he or she is employed at the laboratory), unless the contrary is proved, evidence of the matters stated in the certificate.

• (2) A certificate purporting to be signed by an officer of a registering authority and to certify that on a specific day or days or during the whole of a specified period-

• (a) a particular person or establishment did not stand registered in the register of feed businesses or the register of food businesses,

• (b) the registration of a person or establishment in the register of feed businesses or the register of food businesses is suspended or has been revoked,

• (c) a person was or was not the holder of an approval granted under Regulation 5,

• (d) an establishment was or was not approved under Regulation 5, or

• (e) that a particular approval or registration, referred to in this paragraph, was subject to a particular condition or conditions,

is, without proof of the signature of the person purporting to sign the certificate or that he or she is an officer of the registering authority, evidence, unless the contrary is shown, of the matters stated in the certificate.

• (3) In proceedings for an offence under these Regulations the court may, if it considers that the interests of justice so require, direct that oral evidence of any matter stated in a certificate under paragraph (1) or (2) be given, and the court may for the purpose of receiving oral evidence adjourn the matter.

• (4) In proceedings, evidence of an act of the institutions of the European Communities may be given by production of a copy of the act certified by an officer of a registering authority to be a copy of the act, and it is not necessary to prove the signature of the officer or that he or she is an officer of the authority.

• (5) Paragraph (4) is in addition to and not in substitution for the European Communities (Judicial Notice and Documentary Evidence) Regulations 1972 ( S.I. No. 341 of 1972 ).

Revocations, savers etc

37.

• (a) European Communities (Food and Feed Hygiene) Regulations 2009 ( S.I. No. 432 of 2009 );

• (b) European Communities (Food and Feed Hygiene) (Amendment) Regulations 2010 ( S.I. No. 312 of 2010 );

• (c) European Communities (Food and Feed Hygiene) (Amendment) (No. 2) Regulations 2010 ( S.I. No. 488 of 2010 );

• (d) European Communities (Food and Feed Hygiene) (Amendment) (No. 3) Regulations 2010 ( S.I. No. 587 of 2010 );

• (e) European Communities (Food and Feed Hygiene) (Amendment) Regulations 2012 ( S.I. No. 164 of 2012 );

• (f) European Communities (Food and Feed Hygiene) (Amendment) (No 2) Regulations 2012 ( S.I. No. 362 of 2012 );

• (g) European Communities (Food and Feed Hygiene)(Amendment) Regulations 2015 ( S.I. No. 68 of 2015 );

• (h) European Communities (Food and Feed Hygiene) (Amendment) (No. 2) Regulations 2015( S.I. No. 306 of 2015 ).

• (2) These Regulations apply in place of—

• (a) the Dairy Produce Acts 1924 to 1984,

• (b) the Creamery Acts 1928 to 1934, and

• (c) the Milk and Dairies Acts 1935 to 1956,

in relation to the hygienic production and placing on the market of raw milk, heat-treated milk and milk-based products.

• (3) Subject to Regulation 5(7), the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ) and the European Communities (General Food Law) Regulations 2007 ( S.I. No. 747 of 2007 ) do not apply to a primary producer or other food business to which these Regulations apply.

• (4) An entry in the register of food businesses or an entry in the register of feed businesses (within the meaning of the Regulations revoked by paragraph (1)) that is in force immediately before the making of these Regulations remains in force, is considered to be an entry in the register of food businesses or an entry in the register of feed businesses and may be dealt with by the registering authority specified in these Regulations as if it is an entry in the register of food businesses or an entry in the register of feed businesses granted by that registering authority.

• (5) A food business approval or a feed business approval (within the meaning of the Regulations revoked by paragraph (1)) that is in force immediately before the making of these Regulations remains in force, is considered to be a food business approval or a feed business approval and may be dealt with by the registering authority specified in these Regulations as if it is a food business approval or a feed business approval granted by that registering authority.

• (6) An application for entry in the register of food businesses or for entry in the register of feed businesses or an application for a food business approval or for a feed business approval (within the meaning of the Regulations revoked by paragraph (1)) that remains to be determined on commencement of these Regulations is, after the commencement of these Regulations considered to be an application for entry in the register of food businesses or an entry in the register of feed businesses or an application for a food business approval or a feed business approval and may be determined as if made under these Regulations.

• (7) A person who engages in the transport of animals and is required to hold a food business registration is deemed to hold that registration if he or she is the holder of an animal transport authorisation (within the meaning of the European Communities (Animal Transport and Control Post) Regulations 2006 ( S.I. No. 675 of 2006 )).

• (8) Any reference made in an instrument to Regulations revoked by paragraph (1) shall be construed as a reference to these Regulations.

GIVEN under my Official Seal,

19 December, 2019.

MICHAEL CREED,

Minister for Agriculture, Food and the Marine.

Footnotes