The Food Hygiene (Amendment) Regulations (Northern Ireland) 2014

Made: 5th November 2014

Coming into operation: 13th December 2014

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 the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety[^f00004] there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

Title and commencement

1

These Regulations may be cited as the Food Hygiene (Amendment) Regulations (Northern Ireland) 2014 and come into operation on 13th December 2014.

Amendments to the Food Hygiene Regulations (Northern Ireland) 2006

2

• (1) The Food Hygiene Regulations (Northern Ireland) 2006[^f00005] are amended in accordance with paragraphs (2) and (3).

• (2) In Regulation 17 (offences and penalties)—

• (a) for paragraph 3 substitute—

(3) A person guilty of an offence under— (a) regulation 15 shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both. (b) Schedule 6 paragraph 1(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale

• (3) In Schedule 1 (definitions of EU legislation) for the definition of “Regulation 2075/2005” substitute-

• “Regulation 2075/2005” means Commission Regulation (EC) No. 2075/2005 laying down specific rules on official controls for Trichinella in meat as last amended in respect of its articles by Commission Regulation (EU) No. 216/2014.

[^f00006]

• (4) In Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption)—

• (a) for paragraph 1 substitute,—

(1) Any person who sells raw milk intended for direct human consumption in contravention of— (1) paragraph 5, or (2) paragraph 7A (1) or (2), shall be guilty of an offence

• (b) after paragraph 7, insert the following type=start slip=2014-11-01 time=1416915017521paragraphtype=end slip=2014-11-01 time=1416915017521—

(7A) (1) Subject to type=start slip=2014-11-01 time=1416915033053sub-paragraph (3)type=end slip=2014-11-01 time=1416915033053 and except in cases to which type=start slip=2014-11-01 time=1416915045412sub-paragraph (2)type=end slip=2014-11-01 time=1416915045412 applies the container in which any raw milk is sold shall be marked or labelled “This milk has not been heat-treated and may therefore contain organisms harmful to health”. (2) Subject to type=start slip=2014-11-01 time=1416915060975sub-paragraph (3)type=end slip=2014-11-01 time=1416915060975, in the case of any raw milk which is not prepacked and is sold at a catering establishment, the words “Milk supplied in this establishment has not been heat-treated and may therefore contain organisms harmful to health” must appear— (a) on a label attached to the container in which that milk is sold, or (b) on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk. (3) The provisions of type=start slip=2014-11-01 time=1416915078881sub-paragraphs (1)–(2)type=end slip=2014-11-01 time=1416915078881 do not apply to raw milk from buffaloes.

• (c) in paragraph 8—

• (i) before the definition of “distributor”, insert—

• “catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the final consumer and is ready for consumption without further preparation;

• (ii) before the definition of “occupier”, insert—

• “labelling”, in relation to a food, includes any words, particulars, trade mark, brand name, pictorial matter or symbol relating to the food and appearing on the packaging of the food or on any document, notice, label, ring or collar accompanying the food;

; and

• (iii) after the definition of “occupier”, insert—

• “prepacked”, in relation to a food, means put into packaging before being offered for sale in such a way that the food, whether wholly or only partly enclosed, cannot be altered without opening or changing the packaging and is ready for sale to the final consumer or to a catering establishment, and includes a food which is wholly enclosed in packaging before being offered for sale and which is intended to be cooked without opening the packaging and which is ready for sale to the final consumer or to a catering establishment;

Signed

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 5th November 2014.

Julie Thompson — 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

These Regulations implement Commission Regulation (EU) No. 216/2014 amending Regulation (EC) No. 2075/2005 laying down specific rules on Trichinella in meat (regulation 2(3)).

These Regulations make amendments to the Food Hygiene Regulations (Northern Ireland) 2006 to make continuing provision for the labelling of raw milk intended for direct human consumption with prescribed information relating to the absence of heat treatment (regulation 2(2) and (4)).

Footnotes

[^f00001]: Formerly the Department of Health and Social services; see S.I.1999/283 (N.I.1), Article 3

[^f00002]: 1972 c.68

[^f00003]: S.I. 2003/2901

[^f00004]: OJ No. L31, 1.2.2002, p1, 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: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14)

[^f00005]: SR 2006 No.3 amended by S.R 2007 No.16, S.R 2010 No.83, S.R. 2012 No.130, S.R. 2012 No.280, S.R. 2013 No.66 and S.R. 2013 No. 291

[^f00006]: The principal instrument is published in OJ L 338, 22.12.2005, p.60 and the amending instrument in OJ L 216/2014