S.I. No. 47/2020 - European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 21st February, 2020.

I, SIMON HARRIS, 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 full effect to Articles 10(2) and 15(5) of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017¹ and Commission Regulation (EU) 2019/978 of 14 June 2019² , hereby make the following regulations:

1.

• (2) The Principal Regulations, the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2009 ( S.I. No. 380 of 2009 ), the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2010 ( S.I. No. 497 of 2010 ), the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2014 ( S.I. No. 453 of 2014 ), the Regulations of 2018 and these Regulations may be cited together as the European Communities (Hygiene of Foodstuffs) Regulations 2006 to 2020.

2.

“Principal Regulations” means the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 );

“Regulations of 2018” means the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2018 ( S.I. No. 82 of 2018 ).

3.

• (a) in Regulation 2(1) by substituting for the definition of “EU Regulation 579/2014” (inserted by Regulation 3(a) of the Regulations of 2018) the following:

“‘EU Regulation 579/2014’ means Commission Regulation (EU) No. 579/2014 of 28 May 2014³ , as amended by Commission Regulation (EU) 2016/238 of 19 February 2016⁴ and Commission Regulation (EU) 2019/978 of 14 June 2019² ;”, and

• (b) in Regulation 6, by substituting for paragraphs (1) and (2) the following:

“6. (1) A food business operator who fails to notify the official agency of—

• (a) its name and legal form,

• (b) the specific activities it carries out, including activities undertaken by means of distance communication,

• (c) each establishment under its control, and

• (d) all other premises under its control,

in the manner the official agency requires, with a view to the registration of each such establishment or premises, is guilty of an offence.

• (2) A food business operator who fails to notify the official agency of any changes in the information listed in paragraph (1), in the time period and manner the official agency requires, is guilty of an offence.”.

GIVEN under my Official Seal,

14 February, 2020.

SIMON HARRIS,

Minister for Health.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations give effect to Commission Regulation (EU) 2019/978 of 14 June 2019 amending the Annex to Regulation (EU) No. 579/2014 granting derogation from certain provisions of Annex II to Regulation (EC) No. 852/2004 of the European Parliament and of the Council as regards the transport of liquid oils and fats by sea. Commission Regulation (EU) 2019/978 amends the Annex to EU Regulation 579/2014 by inserting an entry for Ethyl-tert-butyl ether and an entry for Methylacetate into that annex.

These Regulations also extend food business operators’ obligations in terms of registration of the details of their business with the Health Service Executive, so as to give effect to Articles 10(2) and 15(5) of Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017.

These Regulations amend the European Communities (Hygiene of Foodstuffs) Regulations 2006 ( S.I. No. 369 of 2006 ).

These Regulations may be cited as the European Communities (Hygiene of Foodstuffs) (Amendment) Regulations 2020.

Footnotes