Bread and Flour Regulations (Northern Ireland) 1998

Type Ni-Statutory-Rule
Publication 1998-01-28
Last updated 2024-12-13
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
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articles Not indexed
Reform history JSON API

Made: 28th January 1998

Coming into operation: 9th March 1998

The Department of Health and Social Services in exercise of the powers conferred on it by Articles 15(1), 17(1)(c), 25(1)(a) and (3), 26(3) and 47(2) of the Food Safety (Northern Ireland) Order 1991[^f00001] and of all other powers enabling it in that behalf and after consultation in accordance with Article 47(3) of the said Order with such organisations as appear to it to be representative of interests likely to be substantially affected by these Regulations, hereby makes the following Regulations:—

Citation and commencement

1

These Regulations may be cited as the Bread and Flour Regulations (Northern Ireland) 1998 and shall come into operation on 9th March 1998.

Interpretation

2

In these Regulations—

Exemptions

3

which is suitably labelled to give the nature of the bread or flour.

Composition of flour

4

which does not comply with this regulation.

Additional ingredients

5

Restrictions on the use of ‘wholemeal’ and ‘wheat germ’

6

Offences and penalties

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement

8

Each district council shall enforce and execute these Regulations within its district.

Defence in relation to exports

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of various provisions of the Order

10

The provisions of the Order specified in column 1 of the table in Schedule 5 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.

Amendments

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations

12

The Regulations specified in column 1 of Schedule 4 are hereby revoked to the extent specified in column 3 of that Schedule.

SCHEDULE 1 — Essential Ingredients of Flour

1

Calcium carbonate

2

Iron

3

Thiamin (Vitamin B₁)

4

Nicotinic acid

SCHEDULE 2 — Specification for Iron Powder

Definition

Iron powder shall consist essentially of finely-divided metallic iron containing not less than 90 per cent by weight of iron and conform to the following requirements.

Chemical name Iron
Symbol Fe

Description

Fine greyish-black powder of such granularity that not more than 0.1 per cent by weight shall remain on a British Standard 410: 1969 wire sieve nominal aperture size 150μm and not more than 5 per cent by weight on a British Standard 410: 1969 wire sieve nominal aperture size 53μm.

Assay

Accurately weigh 0.25 g of sample into a stoppered flask. Add a hot solution of 1.25 g of copper sulphate pentahydrate in 20 ml of water and shake for ten minutes. Filter rapidly and wash the filter with water; acidify the mixed filtrate and washings with sulphuric acid, and titrate with N/10 potassium permanganate. Each ml of N/10 potassium permanganate is equivalent to 0.005585 g of iron.

Solubility

Not less than 95 per cent of the iron content when determined by the following method.

Accurately weigh 0.1 g of sample into 750 ml conical flask. Add 450 ml 0.2 per cent weight in weight hydrochloric acid previously warmed to 37°C. Stir continuously for three hours, maintaining the temperature at 37°C. Cool to room temperature and dilute to 500 ml with distilled water. Filter; determine the iron content of the filtrate by a suitable method. Calculate the total iron in solution as a percentage of the metallic iron content of the sample taken.

SCHEDULE 3 — Ingredients Permitted in Flour and Bread

Column 1 Column 2 Column 3
Ingredient Types of flour and bread in which ingredient may be used Maximum quantity, if any, in milligrams per kilogram of flour
E220 Sulphur dioxide E223 Sodium metabisulphite All flour intended for use in the manufacture of biscuits or pastry except wholemeal. The total quantity of these additives used must not exceed 200 calculated as sulphur dioxide
E300 L-Ascorbic acid All flour except wholemeal All bread 200
920 L-Cysteine hydrochloride a All flour used in the manufacture of biscuits, except wholemeal or flour to which E220 Sulphur dioxide or E223 Sodium meta-bisulphite has been added. 300
b Other flour, except wholemeal. All bread, except wholemeal 75
925 Chlorine All flour intended for use in the manufacture of cakes, except wholemeal 2,500
926 Chlorine dioxide All flour, except whole-meal. All bread, except whole-meal 30

SCHEDULE 4 — Revocations

Column 1 Column 2 Column 3
Regulations revoked References Extent of revocation
Bread and Flour Regulations (Northern Ireland) 1996 S.R. 1996 No. 51 The whole Regulations
Food Labelling Regulations (Northern Ireland) 1996 S.R. 1996 No. 383 Paragraph (20) of regulation 49
Bread and Flour (Amendment) Regulations (Northern Ireland) 1996 S.R. 1996 No. 385 The whole Regulations

Signed

Sealed with the Official Seal of the Department of Health and Social Services on

J. R. Kearney — Assistant Secretary — 28th January 1998.

Explanatory note

(This note is not part of the Regulations.)

These Regulations revoke and replace the Bread and Flour Regulations (Northern Ireland) 1996.

The Regulations—

The British Pharmacopoeia 1973, 1980 and 1988 and the British Pharmaceutical Codex 1973, referred to in Schedule 1, may be inspected at the Biomedical Library, Belfast City Hospital, Lisburn Road, Belfast BT9 7AB, tel. 01232 263913.

These Regulations were notified in draft to the European Commission pursuant to Council Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (O.J. No. L109, 26.4.83, p. 8) as amended by Council Directive 88/182/EEC (O.J. No. L81, 26.3.88, p. 75), Commission Decision 92/400/EEC (O.J. No. L221, 6.8.92, p. 55), European Parliament and Council Directive 94/10/EEC (O.J. No. L100, 19.4.94, p. 30) and Commission Decision 96/139/EC (O.J. No. L32, 10.2.96, p. 31).

Footnotes

[^f00001]: S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12). See Article 2(2) for the definitions of “regulations” and “the Department concerned”

[^f00002]: O.J. No. L1, 3.1.94, p. 1

[^f00003]: O.J. No. L1, 3.1.94, p. 571

Editorial notes

[^key-6c73ce969da2dcc6ab4a1f1a7f692a80]: Reg. 1 in operation at 9.3.1998, see reg. 1

[^key-e80a8e4bdc4084515a72f9c8ceee7ca1]: Reg. 2 in operation at 9.3.1998, see reg. 1

[^key-7f50365da2200472276e76f0de3aab9f]: Reg. 3 in operation at 9.3.1998, see reg. 1

[^key-2d13d28a3341270e36011803d439499e]: Reg. 4 in operation at 9.3.1998, see reg. 1

[^key-c65239595e5df3d41abc3789b4c17f2d]: Reg. 5 in operation at 9.3.1998, see reg. 1

[^key-b75d7c08b11bdf4ea582d4108bd6b452]: Reg. 6 in operation at 9.3.1998, see reg. 1

[^key-1da4a562cf2c4487bd6a8e17081f9dc2]: Reg. 8 in operation at 9.3.1998, see reg. 1

[^key-97817c2aca95fb1afbb61dff3b48f523]: Reg. 12 in operation at 9.3.1998, see reg. 1

[^key-d4f748e5f79dd4dcfdc2d3b4c47e25c3]: Sch. 1 in operation at 9.3.1998, see reg. 1

[^key-ce16fc07ac478c8c3dd707171ea43dca]: Sch. 2 in operation at 9.3.1998, see reg. 1

[^key-0f3c8456f1e42b59ae05d3dc45f149ec]: Sch. 4 in operation at 9.3.1998, see reg. 1

[^key-c11dd715e1fb69753315614971e4fe75]: Sch. 3 omitted (13.7.1999) by virtue of Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999/244), regs. 1(1), 14(4)(b)

[^key-affaf9d4d94a21a2961fa8b315dd5128]: Reg. 5(1) substituted for reg. 5(1)(2) (13.7.1999) by Miscellaneous Food Additives (Amendment) Regulations (Northern Ireland) 1999 (S.R. 1999/244), regs. 1(1), 14(4)(a)

[^key-3045458ca92ffc0e2e0124849f9e0d8b]: Reg. 9 revoked (1.1.2006) by The Official Feed and Food Controls Regulations (Northern Ireland) 2005 (S.R. 2005/574), regs. 1, 46, Sch. 6

[^key-7fcc0b3084fc45d62823394888bc6a0d]: Words in reg. 2 substituted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 4(a)

[^key-523b4accba55a17807d0ea5481d674a0]: Words in reg. 2 substituted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 4(b)

[^key-be8ee992d71b5c79321f896300eaa643]: Words in reg. 2 omitted (13.12.2014) by virtue of The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 4(c)

[^key-b5eb1500f7dc96c6aa6de55f255294e3]: Words in reg. 2 inserted (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 7 Pt. 2 para. 4(d)

[^key-eedebf902c0542421fd0a81c043661b2]: Reg. 5(3) revoked (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 6 Pt. 1

[^key-5bc9a33381623c146bb632c667233ebb]: Reg. 11 revoked (13.12.2014) by The Food Information Regulations (Northern Ireland) 2014 (S.R. 2014/223), reg. 1(2), Sch. 6 Pt. 1

[^key-401dcb44162d8c8c200a752fa9934cdb]: Words in reg. 2 omitted (11.2.2019) by virtue of The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 4(a)

[^key-52c59b3f7afe109054dda0bbf23a6dc8]: Words in reg. 2 inserted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 4(b)

[^key-c1510fdd61bb23855f3f5d9ee16f6a13]: Words in reg. 2 inserted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 4(c)

[^key-c01d202391b467fffb2f128f10e7db74]: Sch. 5 inserted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(9), Sch. 2

[^key-935e93b9187d5d49b5270a62f5203953]: Reg. 10 substituted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(6)

[^key-75d152f1b44cac276b3154a72da99a55]: Reg. 7 omitted (13.12.2024) by virtue of The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(5)

[^key-acbb667aac62c3bb6b658e69bf3f7d04]: Words in reg. 2 inserted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(2)(a)

[^key-aceb347e1be70b18bd3a49d42c38c653]: Word in reg. 2 omitted (13.12.2024) by virtue of The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(2)(b)

[^key-9cb6cc2ad4038180f23fa5717b70ac1c]: Word in reg. 2 replaced (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(2)(c)

[^key-8e1b0074aad91387a9231a9b35118579]: Words in reg. 2 inserted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(2)(c)

[^key-f97a3f5ccec43391ae3d57405cd2efa4]: Reg. 3(2) substituted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(3)(a)

[^key-4ac58f4a07c1c3429c9bd9c2cf99e80c]: Words in reg. 4(1) substituted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(4)(a)(i)

[^key-66f1c8bd41cf32664107d8026640b824]: Word in reg. 4(1) inserted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(4)(a)(ii)

[^key-2cbb54d129eaae794c09064f0f0d3950]: Reg. 4(1A) inserted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(4)(b)

[^key-3f903e0c50669088e6149b9e1028437a]: Reg. 4(2)(a) omitted (13.12.2024) by virtue of The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(4)(c)

[^key-628943f2f12e55020e655e42c73a67ce]: Reg. 4(3) substituted (13.12.2024) by The Bread and Flour (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/196), regs. 2(1)(b), 3(4)(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application and modification of provisions of the Order

SCHEDULE 5 — Application and modification of provisions of the Order

Column 1Provision of the Order Column 2Modifications
Article 4 (Presumptions that food intended for human consumption) For “this Order” substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.
Article 9(1) and (2) (Improvement notices) For paragraph (1) (Improvement notices) substitute—(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with any of regulations 4 to 6 of the Bread and Flour Regulations (Northern Ireland) 1998, the authorised officer may, by a notice served on that person (in this Order referred to as an “improvement notice”)—(a) state the officer’s grounds for believing that the person is failing to comply with the relevant provision;(b) specify the matters which constitute the person’s failure so to comply;(c) specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and(d) require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.(1A) If an authorised officer has reasonable grounds for believing that a person is failing to comply with regulation 4(4) of the Bread and Flour Regulations (Northern Ireland) 1998 due to an act or default of some other person, the authorised officer may, by a notice served on that other person (in this Order referred to as an “improvement notice”)—(a) state the officer’s grounds for believing there has been a failure to comply with regulation 4(4);(b) specify the matters which constitute the act or default which have caused the failure so to comply;(c) specify the measures which, in the officer’s opinion, the person served must take in order to secure compliance; and(d) require that person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice..
Article 19 (Offences due to fault of another person) For “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998,”.
Article 20(1) and (5) (Defence of due diligence) In paragraph (1), for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998”.
Article 30(8) (Evidence of certificates given by a food analyst or examiner) For “this Order” substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.
Article 34 (Obstruction etc. of officers) In paragraph (1), for “this Order” (in each place occurring) substitute “the Bread and Flour Regulations (Northern Ireland) 1998”.
Article 36(1) and (2) (Punishment of offences) In paragraph (1), after “Article 34(1)”, insert “, as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998”.After paragraph (1), insert—(1A) A person guilty of an offence under Article 9(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998 shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.In paragraph (2) for “any other offence under this Order” substitute “an offence under Article 34(2), as applied by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland)1998,”.
Article 37(1) and (3) (Appeals) For paragraph (1) substitute—(1) Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998, may appeal to the court of summary jurisdiction..In paragraph (3) for “(2)” substitute “(1)”.
Article 38 (Appeals against improvement notices) For paragraph (1) substitute—(1) On an appeal against an improvement notice served under Article 9(1), as applied and modified by regulation 10 of, and Schedule 5 to, the Bread and Flour Regulations (Northern Ireland) 1998, the court may either cancel or affirm the notice and, if it affirms it, may do so either in its original form or with such modifications as the court may in the circumstances think fit..

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