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The Official Feed and Food Controls Regulations (Northern Ireland) 2009

Type Ni-Statutory-Rule
Publication 2009-12-21
Last updated 2020-12-25
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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Column 1Provision of EU legislation Column 2Subject matter
Regulation 2017/625
Article 69(1) Requirement that the operator responsible for the consignment is to carry out all the measures ordered by the competent authorities.
Regulation 2019/1602
Article 3 Requirement that a CHED is to accompany each consignment irrespective of whether or not it is split at the border control post or subsequent to leaving the border control post.
Article 4(a) Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies the consignment to the place of destination and until it is released into free circulation.
Article 4(b) Requirement that where a consignment is not split before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED in the customs declaration lodged with the customs authorities and is to keep a copy of the CHED at the disposal of the customs authorities.
Article 5(1)(a) Requirement that where a consignment is to be split at the border control post, when giving prior notification, the operator responsible for the consignment is to declare the border control post as the place of destination in the CHED for the entire consignment.
Article 5(1)(b) Requirement that where a consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to request that the consignment be split and is to submit, through the IMSOC a CHED for each part of the split consignment and make a declaration.
Article 5(1)(d) Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to ensure that a copy of the CHED for each part of the split consignment accompanies the relevant part to the place of destination and until it is released into free circulation.
Article 5(1)(e) Requirement that where a consignment is to be split at the border control post, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Article 5(2)(a) Requirement that where a non-compliant consignment is to be split at the border control post, upon finalisation of the CHED for the entire consignment, the operator responsible for the consignment is to submit a CHED for each part of the split consignment and make a declaration.
Article 6(a) Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to ensure that a copy of the CHED accompanies each part of the split consignment until it is released for free circulation.
Article 6(b) Requirement that where a consignment is to be split after leaving the border control post and before being released for free circulation, the operator responsible for the consignment is to indicate the reference number of the CHED for each part of the split consignment in the customs declaration lodged with the customs authorities and is to keep a copy of that CHED at the disposal of the customs authorities.
Regulation 2019/1666
Article 3(1) Requirement that the operator responsible for the consignment is to, within one day upon arrival of the consignment, inform the competent authority responsible for performing the official controls at the establishment at the place of destination of the arrival of the consignment.

SCHEDULE 7 — SCHEDULE SUBSTITUTED FOR SCHEDULE 1 TO THE FEED (HYGIENE AND ENFORCEMENT) REGULATIONS (NORTHERN IRELAND)2005

Signed

Sealed with the Official Seal of the Office of the Department of Health, Social Services and Public Safety on 18th December 2009.

Andrew McCormick — A senior officer of the Department of Health, Social Services and Public Safety

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

1These Regulations revoke and re-enact with changes the Official Feed and Food Controls Regulations (Northern Ireland) 2007 (S.R. 2007 No. 482). The principal changes are that —ait is provided that a person who contravenes or fails to comply with specified provisions of EU legislation concerning the import of certain types of feed and food of non-animal origin is guilty of an offence (regulation 39(1)(a));bit is provided that specified bodies are designated as competent authorities as regards the imports referred to in sub-paragraph (a) of this paragraph (regulation 22(2)and (3) and regulation 23(2),(3) and (4));cit is provided that the Commissioners for Her Majesty’s Revenue and Customs, the Food Standards Agency and feed and food authorities may exchange and divulge information (regulation 25);dit is provided that designated points of entry for the imports referred to in sub-paragraph (a) of this paragraph may be suspended (regulation 29);eit is provided that fees are to be collected by competent authorities in respect of the increased level of official controls on the imports referred to in sub-paragraph (a) of this paragraph (regulation 34(2)); andfthe definition of “relevant food law” in Schedule 3 is revised.

2These Regulations provide for the execution and enforcement of—aRegulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (OJ No.L165, 30.4.2004, p.1), as 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: Adaptations to the regulatory procedure with scrutiny – Part Four (OJNo.L188, 18.7.2009, p.14) in relation to “relevant feed law” and “relevant food law”, which terms are defined in Schedules 2 and 3 respectively. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1), which should be read with a further Corrigendum (OJ No. L204, 4.8.2007, p.29); andbCommission Regulation (EC) No. 669/2009 implementing Regulation (EC) No. 882/2004 of the European Parliament and of the Council as regards the increased level of official controls on imports of certain feed and food of non-animal origin and amending Decision 2006/504/EC (OJ No. L194, 25.7.2009, p.11).

3These Regulations also impose prohibitions on the introduction of certain feed and food into Northern Ireland in the light of Article 11 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 (OJNo.L31, 1.2.2002, p.1), as last amended by Regulation (EC) No.596/2009 and as read with Article 10 of Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (OJ No. L139, 30.4.2004, p.1; the revised text of that Regulation is now set out in a Corrigendum, OJ No. L226, 25.6.2004, p.3, which should be read with a further Corrigendum, OJ No. L204, 4.8.2007, p.26).

4These Regulations —aprovide for the designation of specified bodies as competent authorities for the purposes of the provisions of Regulation (EC) No.882/2004 (regulation 3);bprovide for the exchange and provision of information by competent authorities (regulation 4);cenable a competent authority to require a control body to provide information and make records available and provide that a person who —ifails to comply with a requirement to provide information or make records available, oriiin purported compliance with such a requirement furnishes false or misleading information,is guilty of an offence (regulation 5);denable the Department of Health, Social Services and Public Safety to issue codes of recommended practice to district councils (regulation 6);egive the Food Standards Agency the function of monitoring the performance of enforcement authorities in enforcing certain legislation (regulation 7);fgive the Food Standards Agency the power, for the purpose of carrying out the function referred to in sub–paragraph (e) of this paragraph —ito require information to be provided and records to be made available (regulation8), andiito authorise individuals (who may thereby exercise certain powers, including a power of entry) (regulation 9);gdefine certain terms used in regulations 7 to 9 (regulation 10);hprovide that a person who —iobstructs a person exercising a power to enter premises, take samples or inspect and copy records,iifails to comply with a requirement to provide information, make records available or provide facilities, records, information or other assistance, oriiiin purported compliance with such a requirement furnishes false or misleading information,is guilty of an offence (regulation 11);iprovide a right of appeal in respect of a decision of the competent authority concerning the approval of certain establishments taken under Article 31 of Regulation (EC) No.882/2004 (regulation 12);jprovide that an authorised officer of a competent authority may take with him a member of staff of the competent authority of another member State for the purpose of conducting an administrative enquiry under Article 36 of Regulation (EC) No.882/2004 (regulation13);kprovide that when an “enforcing officer”, defined in regulation 14(2), enters premises for the purpose of executing and enforcing official controls he may take with him a Commission expert to enable that expert to carry out functions under Article 45 of Regulation (EC) No.882/2004 (regulation 14);lprovide that a person who enters premises under the powers referred to in sub–paragraph (j) or (k) of this paragraph and discloses any information obtained on the premises with regard to any trade secret is guilty of an offence unless he does so in the performance of his duty (regulation 15);mspecify the authorities that are responsible for executing and enforcing regulations 5(3), 9(8), 11, 15, 17(9) and 18 (regulation 16);ngive powers of entry to authorised officers of the authorities referred to in sub–paragraph (m) of this paragraph (regulation 17);ocreate the offence of obstructing an officer acting in the execution of regulation 13, 14 or 17 (regulation 18);pprovide penalties for offences under Part 2 of these Regulations (regulation 19);qprovide a time limit for bringing prosecutions for offences under regulation 17(9) (regulation 20);rmake provision for the execution and enforcement of Part 3 of these Regulations, Articles 15 to 24 of Regulation (EC) No. 882/2004 and Regulation (EC) No. 669/2009, together defined in regulation2(1) as “the Import Provisions” (regulations 22(1) and 23(1));sprovide for the designation of specified bodies as competent authorities for the purposes of the provisions of Regulation (EC) No. 669/2009 in relation to feed and food (regulations 22(2) and (3) and 23(2), (3) and (4));tprovide that the Commissioners for Her Majesty’s Revenue and Customs are to carry out the functions given to customs services under Article 24 of Regulation (EC) No.882/2004 and Article 10 of Regulation (EC) (No.) 669/2009, in each case in relation to feed and food (regulation24);uprovide for the Commissioners for Her Majesty’s Revenue and Customs, the Food Standards Agency and feed and food authorities to exchange and divulge information and prohibit, subject to conditions, the disclosure of information received from the Commissioners (regulation 25);vmake provision for the execution and enforcement of the Import Provisions to be deferred until a product reaches its destination (regulation 26);win the light of Article 11 of Regulation (EC) No. 178/2002 as read with Article 10 of Regulation (EC) No. 852/2004 (as described in paragraph 3 above) prohibit the introduction into Northern Ireland of certain feed and food unless specified conditions are met (regulation 27);xprovide for the checking of products that are introduced into Northern Ireland (regulation 28);yprovide for the suspension of designated points of entry (regulation 29);zprovide that an enforcement authority, first, has the power to do anything that a competent authority may do under Articles 18 to 21 and 24(3) of Regulation (EC) No.882/2004 and, second, is the competent authority for the purposes of Article 22 of that Regulation (regulation30);aaprovide for the service of notices by an authorised officer of an enforcement authority when that officer proposes to take certain measures or exercise certain powers under Articles 18 and 19 of Regulation (EC) No.882/2004 (imports of feed and food from third countries) (regulation 31);bbprovide a right of appeal in respect of the service of notices under regulation 31 (regulation32);ccenable the Department of Agriculture and Rural Development or the Agency by written declaration to suspend, or impose conditions on, the introduction into Northern Ireland of any product from a third country where they learn or reasonably suspect that any food or feed that has been or may be introduced into Northern Ireland from that third country is likely to constitute a serious risk to animal or public health (regulation 33);ddprovide that the costs incurred by the enforcement authority for which the feed or food business operator or its representative is liable under Article 22 of Regulation (EC) No. 882/2004 (costs incurred by competent authority for the activities referred to in Articles 18 to 21 of that Regulation) are payable by the feed or food business operator or its representative (regulation 34(1));eeprovide that the fees required to be collected by a competent authority under Article 14 of Regulation (EC) No. 669/2009 are payable by the feed or food business operator subject to the increased level of official controls provided for in that Regulation or its representative (regulation 34(2));ffprovide for the procurement and analysis of samples of food for the purposes of the execution and enforcement of the Import Provisions (regulations 35 and 36);ggprovide powers of entry for authorised officers of food authorities in relation to the execution and enforcement of the Import Provisions (regulation 37);hhcreate the offence of obstructing an officer acting in the execution of the Import Provisions (regulation 38);iicreate offences consisting of contravening or failing to comply with specified provisions of Regulation (EC) No. 669/2009, specified provisions of these Regulations and failing to comply with a notice served under the Import Provisions and provide penalties for offences under Part 3 of these Regulations (regulation 39);jjprovide a time limit for bringing prosecutions for certain offences under Part 3 of these Regulations (regulation 40);kkprovide that expenses charged by a competent authority pursuant to Article 28 of Regulation (EC) No. 882/2004 (expenses arising from additional official controls) are payable by the operator (regulation 41);llprovide that expenses charged by a competent authority pursuant to Article 40(4) of Regulation (EC) No. 882/2004 (expenses arising from co-ordinated assistance and follow-up by the Commission) are payable by the feed or food business (regulation 42);mmprovide that where the commission of an offence under these Regulations is due to the act or default of some other person that other person is guilty of the offence (regulation 43);nnprovide that in proceedings for an offence under these Regulations it is a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 44);ooprovide for the protection of officers acting in good faith (regulation 45);ppfurther amend the Feed (Hygiene and Enforcement) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 546, as already amended) (regulation 46); andqqrevoke the Food (Chilli, Chilli Products, Curcuma and Palm Oil) (Emergency Control) Regulations (Northern Ireland) 2005 (S.R. 2005 No. 284) and the Official Feed and Food Controls Regulations (Northern Ireland) 2007 (S.R. 2007 No. 482) (regulation 47).

Footnotes

1

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6) p.14

2

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51)

6

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 (OJ No. L188,18.7.2009 p.14)

8

S.I. 1991/762 as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 ,S.R. 2004 No. 482 and S.R. 2004 No.505

13

OJ No. L268, 18.10.2003, p.29, as last amended by Commission Regulation (EC) No.596/2009 (OJ No. L188,18.7.2009

15

S.R.1991 No. 198, to which there are amendments not relevant to these Regulations

25

OJ No. L256, 29.9.2009, p.35

Editorial notes

27

Reg. 1 in operation at 25.1.2010, see reg. 1

28

Reg. 2 in operation at 25.1.2010, see reg. 1

29

Reg. 3 in operation at 25.1.2010, see reg. 1

30

Reg. 4 in operation at 25.1.2010, see reg. 1

31

Reg. 5 in operation at 25.1.2010, see reg. 1

32

Reg. 6 in operation at 25.1.2010, see reg. 1

33

Reg. 7 in operation at 25.1.2010, see reg. 1

34

Reg. 8 in operation at 25.1.2010, see reg. 1

35

Reg. 9 in operation at 25.1.2010, see reg. 1

36

Reg. 10 in operation at 25.1.2010, see reg. 1

37

Reg. 11 in operation at 25.1.2010, see reg. 1

38

Reg. 12 in operation at 25.1.2010, see reg. 1

39

Reg. 13 in operation at 25.1.2010, see reg. 1

40

Reg. 14 in operation at 25.1.2010, see reg. 1

41

Reg. 15 in operation at 25.1.2010, see reg. 1

42

Reg. 16 in operation at 25.1.2010, see reg. 1

43

Reg. 17 in operation at 25.1.2010, see reg. 1

44

Reg. 18 in operation at 25.1.2010, see reg. 1

45

Reg. 19 in operation at 25.1.2010, see reg. 1

46

Reg. 20 in operation at 25.1.2010, see reg. 1

47

Reg. 21 in operation at 25.1.2010, see reg. 1

48

Reg. 22 in operation at 25.1.2010, see reg. 1

49

Reg. 23 in operation at 25.1.2010, see reg. 1

50

Reg. 24 in operation at 25.1.2010, see reg. 1

51

Reg. 25 in operation at 25.1.2010, see reg. 1

52

Reg. 26 in operation at 25.1.2010, see reg. 1

53

Reg. 27 in operation at 25.1.2010, see reg. 1

54

Reg. 28 in operation at 25.1.2010, see reg. 1

55

Reg. 30 in operation at 25.1.2010, see reg. 1

56

Reg. 32 in operation at 25.1.2010, see reg. 1

57

Reg. 33 in operation at 25.1.2010, see reg. 1

58

Reg. 35 in operation at 25.1.2010, see reg. 1

59

Reg. 36 in operation at 25.1.2010, see reg. 1

60

Reg. 37 in operation at 25.1.2010, see reg. 1

61

Reg. 38 in operation at 25.1.2010, see reg. 1

62

Reg. 39 in operation at 25.1.2010, see reg. 1

63

Reg. 40 in operation at 25.1.2010, see reg. 1

64

Reg. 43 in operation at 25.1.2010, see reg. 1

65

Reg. 44 in operation at 25.1.2010, see reg. 1

66

Reg. 45 in operation at 25.1.2010, see reg. 1

67

Reg. 47 in operation at 25.1.2010, see reg. 1

68

Sch. 2 in operation at 25.1.2010, see reg. 1

69

Sch. 3 in operation at 25.1.2010, see reg. 1

74

Words in Sch. 3 deleted by S.R. 2011/438, Sch. 5 para. 3 (as inserted (31.7.2014) by The Trade in Animals and Related Products (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/196), regs. 1, 3(13))

Implementing Regulations

  • “Regulation 2018/329” means Commission Implementing Regulation (EU) 2018/329 designating a European Union Reference Centre for Animal Welfare;
  • “Regulation 2019/66” means Commission Implementing Regulation (EU) 2019/66 on rules on uniform practical arrangements for the performance of official controls on plants, plant products and other objects in order to verify compliance with Union rules on protective measures against pests of plants applicable to those goods;
  • “Regulation 2019/530” means Commission Implementing Regulation (EU) 2019/530 designating European Union reference laboratories for pests of plants on insects and mites, nematodes, bacteria, fungi and oomycetes, viruses, viroids, and phytoplasmas;
  • “Regulation 2019/626” means Commission Implementing Regulation (EU) 2019/626 concerning lists of third countries or regions thereof authorised for the entry into the European Union of certain animals and goods intended for human consumption, amending Implementing Regulation (EU) 2016/759 as regards these lists;
  • “Regulation 2019/627” means Commission Implementing Regulation (EU) 2019/627 laying down uniform practical arrangements for the performance of official controls on products of animal origin intended for human consumption in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council and amending Commission Regulation (EC) No. 2074/2005 as regards official controls;
  • “Regulation 2019/628” means Commission Implementing Regulation (EU) 2019/628 concerning model official certificates for certain animals and goods and amending Regulation (EC) No. 2074/2005 and Implementing Regulation (EU) 2016/759 as regards these model certificates;
  • “Regulation 2019/723” means Commission Implementing Regulation (EU) 2019/723 laying down rules for the application of Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the standard model form to be used in the annual reports submitted by Member States;
  • “Regulation 2019/1013” means Commission Implementing Regulation (EU) 2019/1013 on prior notification of consignments of certain categories of animals and goods entering the Union;
  • “Regulation 2019/1014” means Commission Implementing Regulation (EU) 2019/1014 to lay down detailed rules on minimum requirements for border control posts, including inspection centres, and for the format, categories and abbreviations to use for listing border control posts and control points;
  • “Regulation 2019/1715” means Commission Implementing Regulation (EU) 2019/1715 laying down rules for the functioning of the information management system for official controls and its system components (the IMSOC Regulation);
  • “Regulation 2019/1793” means Commission Implementing Regulation (EU) 2019/1793 on the temporary increase of official controls and emergency measures governing the entry into the Union of certain goods from certain third countries implementing Regulations (EU) 2017/625 and (EC) No. 178/2002 of the European Parliament and of the Council and repealing Commission Regulations (EC) No 669/2009, (EU) No. 884/2014, (EU) 2015/175, (EU) 2017/186 and (EU) 2018/1660;
  • “Regulation 2019/1873” means Commission Implementing Regulation (EU) 2019/1873 on the procedures at border control posts for a coordinated performance by competent authorities of intensified official controls on products of animal origin, germinal products, animal by-products and composite products;

Withdrawal and suspension of border control posts

Notices in relation to imports of feed and food from third countries pursuant to the previous regulation

The Regulation 2017/625 package

Delegated Regulations

  • “Regulation 2018/631” means Commission Delegated Regulation (EU) 2018/631 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by establishing European Union reference laboratories for pests of plants;
  • “Regulation 2019/478” means Commission Delegated Regulation (EU) 2019/478 amending Regulation (EU) 2017/625 of the European Parliament and of the Council as regards the categories of consignments to be subjected to official controls at border control posts;
  • “Regulation 2019/624” means Commission Delegated Regulation (EU) 2019/624 concerning specific rules for the performance of official controls on the production of meat and for production and relaying areas of live bivalve molluscs in accordance with Regulation (EU) 2017/625 of the European Parliament and of the Council;
  • “Regulation 2019/625” means Commission Delegated Regulation (EU) 2019/625 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council with regard to requirements for the entry into the Union of consignments of certain animals and goods intended for human consumption;
  • “Regulation 2019/1012” means Commission Delegated Regulation (EU) 2019/1012 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council by derogating from the rules on the designation of control points and from the minimum requirements for border control posts;
  • “Regulation 2019/1081” means Commission Delegated Regulation (EU) 2019/1081 establishing rules on specific training requirements for staff for performing certain physical checks at border control posts;
  • “Regulation 2019/1602” means Commission Delegated Regulation (EU) 2019/1602 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council concerning the Common Health Entry Document accompanying consignments of animals and goods to their destination;
  • “Regulation 2019/1666” means Commission Delegated Regulation (EU) 2019/1666 supplementing Regulation (EU) 2017/625 of the European Parliament and of the Council as regards conditions for monitoring the transport and arrival of consignments of certain goods from the border control post of arrival to the establishment at the place of destination in the Union.

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