|
|
|
S.I. No. 747 of
2007
|
|
|
|
EUROPEAN
COMMUNITIES (GENERAL FOOD LAW) REGULATIONS 2007
|
|
|
|
Notice of the
making of this Statutory Instrument was published in
|
|
|
|
“Iris Oifigiúil”
of 13th November, 2007.
|
|
|
|
I, MARY HARNEY,
Minister for Health and Children, 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 further effect to specific provisions relating to food
of Regulation (EC) No. 178/2002 1 of
the European Parliament and of the Council of 28 January 2002 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, hereby make the following regulations:
|
|
|
|
PART 1
Preliminary
|
|
|
|
1. These
Regulations may be cited as the European Communities (General Food Law)
Regulations 2007.
|
|
|
|
2. (1) In
these Regulations—
|
|
|
|
“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No. 29
of 1998);
|
|
|
|
“approved examiner” means—
|
|
|
|
(a) a Chemist at the
State Laboratory,
|
|
|
|
(b) a Chief Medical
Scientist located at an official laboratory,
|
|
|
|
(c) a Consultant
Microbiologist located at an official laboratory,
|
|
|
|
(d) a Deputy Public
Analyst located at a Public Analyst’s Laboratory,
|
|
|
|
(e) an Executive
Analytical Chemist located at a Public Analyst’s Laboratory,
|
|
|
|
(f) an officer at or
above the grade of Senior Scientific Officer of the Radiological Protection
Institute of Ireland,
|
|
|
|
(g) a Public Analyst
located at a Public Analyst’s Laboratory,
|
|
|
|
(h) a Section Manager
or Team Leader at the Marine Institute with responsibility for testing of
food or food products,
|
|
|
|
(i)
a Senior Chemist at the Marine Institute,
|
|
|
|
(j) a Senior Chemist at
the State Laboratory,
|
|
|
|
(k) the State Chemist
at the State Laboratory, or
|
|
|
|
(l) a person, or member
of a class of persons, designated by the Minister pursuant to Regulation 3;
|
|
|
|
“authorised officer” means an authorised officer appointed under section
49 of the Act of 1998;
|
|
|
|
“Authority” means the Food Safety Authority of Ireland, established under
section 9 of the Act of 1998;
|
|
|
|
“EC Regulation” means Regulation (EC) No. 178/20021 of the
European Parliament and of the Council of 28 January 2002 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;
|
|
|
|
“food business operator” means a food business operator as defined in the
EC Regulation, insofar as such operator has responsibility for—
|
|
|
|
(a) any stage of
production, processing or distribution of—
|
|
|
|
(i)
food of non-animal origin,
|
|
|
|
(ii) food of animal origin
sold directly to the final consumer,
|
|
|
|
(iii) food of animal origin,
insofar as the food business supplies such food from a retail establishment
to other retail establishments where such supply is a marginal, localised
and restricted activity as defined in national law, or
|
|
|
|
(iv) food containing both
products of plant origin and processed products of animal origin, or
|
|
|
|
(b) the import or
export of foods of non-animal origin or food containing both products of
plant origin and processed products of animal origin,
|
|
|
|
or any related activities;
|
|
|
|
“Health Service Executive” (HSE) means the
Heath Service Executive, established under section
6 of the Health
Act 2004 (No. 42 of 2004);
|
|
|
|
“Marine Institute” means the Marine Institute, established under section
3 of the Marine
Institute Act 1991 (No. 2 of 1991);
|
|
|
|
“Minister” means the Minister for Health and Children;
|
|
|
|
“official agency” means the Health Service Executive, carrying out
functions under a service contract and acting on behalf of the Authority,
pursuant to section 48 of the Act of 1998;
|
|
|
|
“Official Controls Regulation” means Regulation (EC) No. 882/2004 2
of the European Parliament and of the
Council of 29 April 2004 on official controls performed to ensure the
verification of compliance with feed and food law, animal health and animal
welfare rules;
|
|
|
|
“official laboratory” means—
|
|
|
|
(a) the Marine
Institute,
|
|
|
|
(b) the Public
Analyst’s Laboratory, Cork,
|
|
|
|
(c) the Public
Analyst’s Laboratory, Dublin,
|
|
|
|
(d) the Public
Analyst’s Laboratory, Galway,
|
|
|
|
(e) the Public Health
Laboratory, HSE, Dublin Mid-Leinster,
|
|
|
|
(f) the Public Health
Laboratory, Sligo,
|
|
|
|
(g) the Public Health
Laboratory, Waterford,
|
|
|
|
(h) the Public Health
Microbiology Laboratory, Cork,
|
|
|
|
(i)
the Public Health Microbiology Laboratory, Galway,
|
|
|
|
(j) the Public Health
Microbiology Laboratory, Limerick,
|
|
|
|
(k) the Radiological
Protection Institute of Ireland,
|
|
|
|
(l) the State
Laboratory, or
|
|
|
|
(m) a laboratory
designated by the Minister pursuant to Regulation 3;
|
|
|
|
“Radiological Protection Institute of Ireland” means the Radiological
Protection Institute of Ireland, established under section 6 of the Radiological
Protection Act 1991 (No. 9 of 1991);
|
|
|
|
“relevant provisions of the EC Regulation” means Articles 12, 14, 16, 17,
18 and 19 of the EC Regulation, insofar as they relate to food or another
relevant article or substance and cognate terms shall be construed
accordingly;
|
|
|
|
“service contract” means a contract entered into between the Authority
and the official agency pursuant to section 48 of the Act of 1998.
|
|
|
|
(2) A word
or expression which is used in these Regulations and which is also used in
the EC Regulation has, unless the context otherwise requires, the same
meaning in these Regulations as it has in the EC Regulation.
|
|
|
|
(3) (a) A reference in
these Regulations to a Regulation is to a Regulation of these Regulations,
unless it is indicated that reference to some other Regulations is intended.
|
|
|
|
(b) A reference in
these Regulations to a paragraph or subparagraph is to the paragraph or
subparagraph of the provision in which the reference occurs, unless it is
indicated that reference to some other provision is intended.
|
|
|
|
(c) A reference in
these Regulations to a Schedule is to a Schedule to these Regulations,
unless it is indicated that reference to some other Regulations is intended.
|
|
|
|
PART 2 General
Provisions
|
|
|
|
3. The
Minister may, for the purposes of these Regulations designate, by notice in
writing published in Iris Oifigiúil—
|
|
|
|
(a) a laboratory as a
laboratory at which samples taken under these Regulations may be analysed,
or
|
|
|
|
(b) a person as being a
person who, or a class of persons the members of which, may, at a designated
laboratory, engage in analysis for the purposes of these Regulations and
complete certificates in the form set out in Schedule 1.
|
|
|
|
4. (1)
These Regulations shall not apply to food businesses engaged in activities
which are subject to—
|
|
|
|
(a) the European
Communities (Food and Feed Hygiene) Regulations 2005 (S.I. No. 910 of 2005),
or
|
|
|
|
(b) the European
Communities (Hygiene of Fishery Products and Fish Feed) Regulations 2006 ( S.I.
No. 335 of 2006 ),
|
|
|
|
only to the extent that the food business engages in those activities.
|
|
|
|
(2) The
competent authority for the purposes of the relevant provisions of the EC
Regulation, and for the purposes of these Regulations shall be—
|
|
|
|
(a) the Authority, or
|
|
|
|
(b) the official agency
where these Regulations provide for the execution of a competent authority
function under the EC Regulation by such agency.
|
|
|
|
(3) The
public authority for the purposes of Article 10 of the EC Regulation, and
for the purposes of these Regulations, shall be the Authority or the
official agency, as appropriate.
|
|
|
|
5. (1) A
food business operator is guilty of an offence if the food business operator
places unsafe food on the market or otherwise contravenes Article 14 of the
EC Regulation.
|
|
|
|
(2) Where
the Authority or the official agency suspects that food is unsafe, although
it conforms with specific provisions applicable to that food, the Authority,
or the official agency, may take appropriate measures to impose restrictions
on such food being placed on the market, or require its withdrawal from the
market, in accordance with Article 14 of the EC Regulation.
|
|
|
|
(3) In
proceedings for an offence under paragraph (1), it is a defence for a person
charged with the offence to prove both of the following—
|
|
|
|
(a) commission of the
offence was due to a mistake or the reliance on information supplied to him
or her, or to the act or default of another person, an accident or some
other cause beyond his or her control, and
|
|
|
|
(b) he or she exercised
due diligence and took all reasonable precautions to avoid commission of the
offence.
|
|
|
|
(4) If
reliance on the defence provided by paragraph (3) involves the allegation
that the commission of the offence was due to reliance on information
supplied by another person or to the act or default of another person, the
person charged with the offence shall not, without leave of the court, be
entitled to rely on that defence unless, not less than 7 working days before
the hearing, he or she has served on the prosecutor written notice providing
information identifying, or assisting in the identification of, that other
person.
|
|
|
|
6. A food
business operator is guilty of an offence if the food business operator
fails to comply with Article 16 of the EC Regulation in the labelling,
advertising or presentation of food.
|
|
|
|
7. A food
business operator is guilty of an offence if—
|
|
|
|
(a) the food business
operator fails to ensure (in accordance with Article 17 of the EC
Regulation) that a food satisfies the relevant requirements of food law, or
|
|
|
|
(b) the food business
operator fails to carry out the necessary verification in accordance with
Article 17 of the EC Regulation.
|
|
|
|
8. A food
business operator is guilty of an offence if the food business operator
fails–
|
|
|
|
(a) to identify a
person who has supplied the food business operator with food,
|
|
|
|
(b) to identify another
business to which the food business operator has supplied food,
|
|
|
|
(c) to have in place
systems and procedures (including documentation) which allow for information
on provenance and destination of foods to be made available to the official
agency on demand,
|
|
|
|
(d) to provide the
official agency with information on provenance or destination of a food, on
demand,
|
|
|
|
(e) to adequately label
or identify food for the purposes of traceability, through relevant
documentation or information,
|
|
|
|
(f) to maintain records
in accordance with Schedule 2,
|
|
|
|
(g) to maintain records
for the duration prescribed in Schedule 2, or
|
|
|
|
(h) in any other way to
comply with Article 18 of the EC Regulation.
|
|
|
|
9. (1) A
food business operator is guilty of an offence if the food business operator
fails to—
|
|
|
|
(a) initiate procedures
to withdraw a food,
|
|
|
|
(b) ensure that a food
is withdrawn,
|
|
|
|
(c) inform the
Authority or the official agency of the initiation of procedures to withdraw
a food,
|
|
|
|
(d) effectively and
accurately inform consumers of the reasons for withdrawal of a food, or
|
|
|
|
(e) recall products
from consumers,
|
|
|
|
in accordance with Article 19(1) of the EC Regulation.
|
|
|
|
(2) A food
business operator responsible for retail or distribution activities that do
not affect the packaging, labelling, safety or integrity of a food, is
guilty of an offence, if the food business operator fails to—
|
|
|
|
(a) initiate procedures
to withdraw a food,
|
|
|
|
(b) ensure that a food
is withdrawn,
|
|
|
|
(c) pass on relevant
information necessary to trace a food, or
|
|
|
|
(d) cooperate in action
taken by producers, processors, manufacturers, and/or the Authority or the
official agency,
|
|
|
|
in accordance with Article 19(2) of the EC Regulation.
|
|
|
|
(3) A food
business operator is guilty of an offence if the food business operator—
|
|
|
|
(a) fails to
immediately inform the Authority or the official agency of any grounds for
believing that a food which it has placed on the market may be injurious to
human health,
|
|
|
|
(b) fails to inform the
Authority or the official agency of the action taken to prevent risks to the
final consumer, or
|
|
|
|
(c) prevents or
discourages any person from cooperating with the Authority or the official
agency,
|
|
|
|
in accordance with Article 19(3) of the EC Regulation.
|
|
|
|
(4) A food
business operator is guilty of an offence if the food business operator
fails or refuses to collaborate with the Authority or the official agency,
or both, on action taken to avoid or reduce risks posed by a food, in
accordance with Article 19(4) of the EC Regulation.
|
|
|
|
(5) A food
business operator is guilty of an offence if the food business operator
fails in any other way to respond to an actual or potential breach of food
safety requirements in accordance with the provisions of Article 19 of the
EC Regulation.
|
|
|
|
(6) Where
the Authority or the official agency forms the view that a food business
operator should be taking measures pursuant to Article 19, but is failing to
do so, the Authority, or the official agency, or both, may take action
pursuant to Regulation 20.
|
|
|
|
10. (1) A
food business operator is guilty of an offence if the food business operator
exports or re-exports food which does not comply with the relevant
requirements of food law, unless the non-compliance is permitted in
accordance with Article 12 of the EC Regulation.
|
|
|
|
(2) A food
business operator exporting or re-exporting food which does not comply with
the relevant requirements of food law is not guilty of any offence under
these Regulations or under other food law, if the non-compliance is
permitted in accordance with Article 12 of the EC Regulation.
|
|
|
|
11. The
Minister, after consultation with the Authority, and taking account of the
precautionary principle set out in Article 7 of the EC Regulation, may, by
order, put in place interim protective measures with regard to food, as
provided for in Article 54 of the EC Regulation.
|
|
|
|
PART 3
Enforcement
|
|
|
|
12. (1) The
enforcement of these Regulations and of the relevant provisions of the EC
Regulation, shall be carried out in accordance with the provisions of these
Regulations.
|
|
|
|
(2) These
Regulations shall be deemed to be food legislation for the purposes of the
Act of 1998.
|
|
|
|
(3) These
Regulations and the relevant provisions of the EC Regulation shall be
enforced by the Authority or by the official agency acting pursuant to a
service contract with the Authority and, without prejudice to paragraph (1),
the enforcement provisions contained in the Act of 1998 shall apply for the
purpose of ensuring compliance with the requirements of these Regulations
and with the relevant provisions of the EC Regulation.
|
|
|
|
13. An
authorised officer may, for the purposes of these Regulations, and for the
purposes of enforcing the relevant provisions of the EC Regulation, at all
reasonable times and subject to Section 50 of the Act of 1998, enter any
premises in which he or she has reasonable grounds for believing that any
food is being produced, manufactured, imported, processed, stored,
transported, distributed or traded, and do all or any of the following—
|
|
|
|
(a) take the reading of
values recorded by measuring instruments installed on the premises,
|
|
|
|
(b) make such other
examinations, tests and inspections, including the opening of a receptacle,
as may be necessary,
|
|
|
|
(c) there, or at any
other place, interview the food business operator concerned or any relevant
staff,
|
|
|
|
(d) require the food
business operator or any relevant staff to produce any documents and to
provide such assistance and information in relation to the documents as may
be necessary, or
|
|
|
|
(e) inspect and take
copies or extracts from records (including, in the case of information in a
non-legible form, a copy of or an extract from such information in a legible
form).
|
|
|
|
14. (1) An
authorised officer may, for the purposes of these Regulations and for the
purposes of enforcing the relevant provisions of the EC Regulation, purchase
or take without payment a sample of a food.
|
|
|
|
(2) An
authorised officer may, for the purpose of taking a sample of a food, open
any receptacle.
|
|
|
|
(3) Where
an authorised officer purchases or takes without payment a sample of a food
with the intention of having it analysed, he or she shall, after purchasing
or taking the sample, forthwith notify the food business operator, or the
person in apparent charge or control of such food, of his or her intention
of having the sample analysed.
|
|
|
|
(4) Where
an authorised officer purchases or takes without payment, with the intention
of having it analysed, a sample of a food, which is suspected by him or her—
|
|
|
|
(a) to be unsafe, or
|
|
|
|
(b) to fail to comply
with the provisions of these or any other Regulations applicable to such a
food, or with the relevant provisions of the EC Regulation,
|
|
|
|
he or she may, by notice in writing to the food business operator, or
person in apparent charge or control of such food, prohibit the removal of
the food except to any place which may be specified in the notice, during
such period as may be specified in the notice, but not exceeding 15 days
from the date of the taking of the sample.
|
|
|
|
15. (1)
Where a sample of a food is taken pursuant to these Regulations for the
purpose of official analysis, and where the division of the sample is
reasonably practicable, the authorised officer concerned may divide the
sample into three approximately equal parts (enforcement, trade (defence)
and referee), each of which he or she shall mark in such a way as to
identify it as a part of the sample taken. The authorised officer shall, in
the presence of the food business operator, or person in apparent charge or
control of such food—
|
|
|
|
(a) mark, seal and
fasten each part in such a manner as its nature will permit, and in such a
way that the integrity of the sample is not compromised;
|
|
|
|
(b) forward one part to
the approved examiner in an official laboratory for analysis;
|
|
|
|
(c) give or send one
part to the food business operator, and
|
|
|
|
(d) retain the third
part.
|
|
|
|
(2) Where
an authorised officer takes, for the purposes of official analysis, a sample
consisting of food contained in unopened containers and its division into
parts—
|
|
|
|
(a) is not reasonably
practicable, or
|
|
|
|
(b) might affect the
composition or impede the proper analysis of the sample,
|
|
|
|
the provisions of paragraph (1) as regards the division of samples into
parts shall be deemed to be complied with if the authorised officer divides
the containers into three lots and deals with each lot as if it were a
sample as specified under paragraph (1).
|
|
|
|
(3) In
proceedings for an offence under these Regulations, the result of any test,
examination or analysis of, or report on a sample of, a food taken pursuant
to these Regulations, shall not be adduced unless before the proceedings
were instituted the sample was divided as specified in paragraphs (1) and
(2). The part, package or container retained by the authorised officer shall
be produced at the hearing.
|
|
|
|
16. (1) The
approved examiner or a person under his or her direction shall analyse as
soon as possible any sample of a food submitted to him or her in pursuance
of these Regulations and the approved examiner shall certify to the person
who submitted the sample to him or her, the result of such analysis. The
form of certificate set out in Schedule 1 or a certificate in like form
shall be used.
|
|
|
|
(2) An
official certificate given in accordance with paragraph (1) shall be prima
facie evidence of the matters contained therein until the contrary is
proved.
|
|
|
|
17. Where a
sample of a food is taken by an authorised officer in pursuance of these
Regulations for analysis by an approved examiner, the Authority, or the
official agency, as the case may be, shall draw up a report in accordance
with Article 9 of the Official Controls Regulation, and where the
certificate given in accordance with Regulation 16 indicates that there has
been non-compliance with the relevant provisions of the EC Regulation, the
Authority or the official agency, as the case may be, shall provide the food
business operator with a copy of the report.
|
|
|
|
18. (1) An
authorised officer may, for the purposes of these Regulations and the
relevant provisions of the EC Regulation, inspect and take copies, or
samples, of—
|
|
|
|
(a) labels used on
food,
|
|
|
|
(b) packaging of a
food, or
|
|
|
|
(c) any other materials
used in the advertising or presentation of food.
|
|
|
|
(2) An
authorised officer may request a food business operator to produce the
information referred to in Article 18 of the EC Regulation and he or she may
inspect, and take copies of, any such information.
|
|
|
|
19. (1) An
authorised officer may, for the purposes of these Regulations, seize,
remove, detain or direct the withdrawal from the market of any food where he
or she suspects that the food fails to comply with the relevant provisions
of the EC Regulation, or where a food business operator has failed to take
measures pursuant to Article 19 of the EC Regulation, which in the view of
the Authority or the official agency, or both, should have been taken.
|
|
|
|
(2) An
authorised officer may, with the consent in writing of the food business
operator, or in accordance with an order of a judge of the District Court
under paragraph (4), destroy or otherwise dispose of a food so as to prevent
the food being used for human consumption.
|
|
|
|
(3) An
authorised officer who has seized, removed, detained or directed the
withdrawal from the market of a food in pursuance of the provisions of this
Regulation may, on giving notice in writing to the food business operator of
his or her intention to do so, apply to a judge of the District Court for an
order directing that such food be destroyed or otherwise disposed of.
|
|
|
|
(4) A judge
of the District Court, to whom an application is made for an order under
paragraph (3), may, if satisfied that—
|
|
|
|
(a) such food fails to
comply with the relevant provisions of the EC Regulation, or
|
|
|
|
(b) the food business
operator has failed to take measures in respect of the food which it ought
to have taken pursuant to Article 19 of the EC Regulation,
|
|
|
|
order that it be destroyed or otherwise disposed of, after such period,
not exceeding 14 days, as may be specified in such order, and an authorised
officer shall destroy or dispose of it accordingly.
|
|
|
|
(5) Where
an authorised officer has neither applied for an order of the District Court
pursuant to paragraph (3), nor obtained the consent of the food business
operator to the destruction or disposal of the food in accordance with
paragraph (2), he or she shall not detain, or direct the detention of, the
food for a period exceeding 40 days.
|
|
|
|
20. (1) A
food business operator, or the owner or person in charge of the premises and
any person employed there shall–
|
|
|
|
(a) afford to an
authorised officer such facilities and assistance as are reasonably
necessary to enable the officer to perform his or her functions under these
Regulations and under the relevant provisions of the EC Regulation,
|
|
|
|
(b) produce to an
authorised officer any books, documents, computerised data, written material
as to verification systems or other records which he or she may reasonably
require, or
|
|
|
|
(c) give to an
authorised officer any information which he or she may reasonably require
regarding—
|
|
|
|
(i)
any food on the premises,
|
|
|
|
(ii) any books, documents,
computerised data, or written material as to verification systems or other
records produced by him or her pursuant to these Regulations, or
|
|
|
|
(iii) the composition of any
food.
|
|
|
|
(2) An
authorised officer, when exercising any powers under these Regulations, may
be accompanied by other persons and may take with him or her, or those
persons may take with them, any equipment or materials necessary to assist
the officer in the exercise of those powers.
|
|
|
|
21. Where
an authorised officer has reasonable grounds for believing that a person has
contravened any provision of these Regulations or any relevant provision of
the EC Regulation, and so informs that person, the authorised officer may
require that person to state his or her name and address and, if the
authorised officer thinks it necessary, to produce corroborative evidence of
same.
|
|
|
|
22. (1) A
person is guilty of an offence if he or she fails to comply with these
Regulations, or with the relevant provisions of the EC Regulation.
|
|
|
|
(2)
Paragraph (1) shall not apply to an authorised officer or an approved
examiner acting in the course of his or her duties pursuant to these
Regulations.
|
|
|
|
(3) A
person is guilty of an offence if he or she—
|
|
|
|
(a) obstructs or
interferes with an authorised officer in the exercise of the officer’s
powers under these Regulations,
|
|
|
|
(b) fails or refuses to
state his or her name or address in compliance with a request under these
Regulations,
|
|
|
|
(c) fails to comply
with a request or notice from an authorised officer under these Regulations,
|
|
|
|
(d) makes a statement
to an authorised officer which the person knows is false or misleading, or
|
|
|
|
(e) gives in purported
compliance with a request under these Regulations a name, address or
corroborative evidence which is false or misleading.
|
|
|
|
23. Where
an offence under these Regulations is committed by a body corporate or by a
person acting on behalf of a body corporate and is proved to have been so
committed with the consent, connivance or approval of, or to be attributed
to any neglect or default on the part of, any director, manager, secretary
or any other officer of such body, or a person who was purporting to act in
any such capacity, such person is also guilty of an offence and is liable to
be proceeded against and punished as if he or she were guilty of the
first-mentioned offence.
|
|
|
|
24. (1) A
person is guilty of an offence if he or she forges, or utters knowing it to
be forged, a certificate of analysis or other document purporting to be
issued, granted or given under these Regulations, or required for the
purposes of these Regulations (hereafter in this Regulation referred to as
“a forged document”).
|
|
|
|
(2) A
person is guilty of an offence if he or she alters with intent to defraud or
deceive, or utters knowing it to be so altered, a certificate of analysis or
other document issued, granted or given under these Regulations, or required
for the purposes of these Regulations (hereafter referred to as “an altered
document”).
|
|
|
|
(3) A
person is guilty of an offence if he or she, without lawful authority, has
in his or her possession a forged document or an altered document, knowing
it to be a forged or altered document as the case may be.
|
|
|
|
(4) A
person is guilty of an offence if he or she, with intent to defraud or
deceive—
|
|
|
|
(a) tampers with any
substance or thing with the result that a sample taken pursuant to these
Regulations does not correctly represent the substance sampled, or
|
|
|
|
(b) tampers or
interferes with any sample taken under these Regulations.
|
|
|
|
(5) A
person is guilty of an offence if he or she falsely represents himself or
herself to be an authorised officer.
|
|
|
|
25. (1) For
the purposes of these Regulations, every contravention of a Regulation shall
be deemed a separate contravention and every contravention of a paragraph or
a subparagraph shall also be deemed to be a separate contravention and shall
carry the same penalty as for a single contravention of any Regulation.
|
|
|
|
(2) For the
purposes of these Regulations, every contravention of any of the relevant
provisions shall be deemed a separate contravention, and every contravention
of a paragraph or subparagraph of these Articles shall also be deemed to be
a separate contravention and shall carry the same penalty as for a single
contravention of any Regulation of these Regulations.
|
|
|
|
(3) A
person who is guilty of an offence under these Regulations is liable—
|
|
|
|
(a) on summary
conviction, to a fine not exceeding €5,000, or imprisonment for a term not
exceeding 3 months, or both, or,
|
|
|
|
(b) on conviction on
indictment, to a fine not exceeding €500,000, or imprisonment for a term not
exceeding 3 years, or both.
|
|
|
|
26.
Notwithstanding Section 57 of the Act of 1998, a summary offence under these
Regulations may be prosecuted by—
|
|
|
|
(a) the Authority, or
|
|
|
|
(b) the official
agency,
|
|
|
|
or both.
|
|
|
|
PART 4
Revocations
|
|
|
|
27.
Regulations 9, 10 and 11 of the Food Hygiene Regulations 1950 ( S.I. No. 205 of 1950 ) are
revoked.
|
|
|
|
SCHEDULE 1
|
|
|
|
Form of
official certificate to be given by an approved examiner to an authorised
officer.
|
|
|
|
European
Communities (General Food Law) Regulations 2007
|
|
|
|
Certificate of
Analysis
|
|
|
|
To(1)........................................
|
|
|
|
I, the undersigned(2).........................................
|
|
|
|
being an approved examiner for the purpose of
the above Regulations certify that on
|
|
|
|
the.........................day
of.......................... 20......
|
|
|
|
a sample marked(3)....................................
|
|
|
|
Date.....................................
|
|
|
|
Number.....................................
|
|
|
|
Weight or
Measure..................................
|
|
|
|
was submitted to me by you and I certify that
the sample was prepared and analysed/examined by me or under my direction(4)
|
|
|
|
and as a result I am of the opinion that(5)
|
|
|
|
Observations:(6)
|
|
|
|
I further certify that the
sample has undergone no change which would affect my opinion/observations
expressed above.
|
|
|
|
Certified by me this..................... day
of............................... 20.....
|
|
|
|
at(7).....................................
|
|
|
|
Name in BLOCK
LETTERS...............................................................
|
|
|
|
Status...........................................................
|
|
|
|
Signature.........................................................
|
|
|
|
...............................................................
|
|
|
|
Official Stamp
|
|
|
|
NOTES
|
|
|
|
(1) Insert the name and
address of the person submitting the sample for analysis.
|
|
|
|
(2) Insert description (e.g.
Executive Analytical Chemist located at a Public Analyst’s Laboratory).
|
|
|
|
(3) Insert particulars of
marking (e.g. name, date etc.) and the weight or measure (this may be left
unanswered if the sample cannot be conveniently weighed or measured, or if
the weight or measurement is not material to the result of analysis).
|
|
|
|
(4) Indicate whether the
approved examiner carried out the analysis himself or herself, or whether it
was carried out by another under the direction of the approved examiner.
|
|
|
|
(5) Here the approved
examiner should specify the result of the analysis, having regard to the
provisions of the relevant legislation.
|
|
|
|
(6) Here the approved
examiner may insert, at his or her discretion, his or her opinion whether
the analysis indicates any addition, abstraction, deficiency or the presence
of foreign matter or other defect and whether the composition or quality is
thereby affected; any physical, chemical or other properties bearing on the
composition or quality of the article; whether the article is injurious to
health or unfit for human consumption; or whether and in what respect a
label and description relating to the sample is incorrect or misleading; and
he or she may add such other observations as he or she may consider relevant.
|
|
|
|
(7) Insert the name and
address of the laboratory carrying out the analysis/examination.
|
|
|
|
SCHEDULE 2
TRACEABILITY INFORMATION
|
|
|
|
1. The food business operator
shall, as a minimum, maintain records of the following:
|
|
|
|
(a) in relation to food
supplied to the food business operator—
|
|
|
|
(i)
name of supplier,
|
|
|
|
(ii) address of supplier,
|
|
|
|
(iii) nature of products
supplied, and
|
|
|
|
(iv) date of
transaction/delivery;
|
|
|
|
(b) in relation to food
supplied by the food business operator to another business—
|
|
|
|
(i)
name of customer,
|
|
|
|
(ii) address of customer,
|
|
|
|
(iii) nature of products
supplied, and
|
|
|
|
(iv) date of
transaction/delivery.
|
|
|
|
2. The food business operator
shall maintain the records referred to in paragraph 1 for the following
periods:
|
|
|
|
(a) for 6 months beyond
the shelf-life in the case of a food having a shelf-life of more than 5
years,
|
|
|
|
(b) for 6 months from
the date of delivery in the case of highly-perishable food having no ‘use
by’ date, or having a ‘use by’ date of less than 3 months, where such food
is destined for distribution to the final consumer, or
|
|
|
|
(c) for 5 years in all
other cases.
|
|
|
|
|
|
|
|
GIVEN under my Official Seal,
|
|
|
|
8 November 2007
|
|
|
|
MARY HARNEY,
|
|
|
|
Minister for Health and Children.
|
|
|
|
EXPLANATORY NOTE
|
|
|
|
(This note is not part of
the Instrument and does not purport to be a legal interpretation)
|
|
|
|
These Regulations are
intended to give further effect to Articles 10, 12, 14, 16, 17, 18, 19 and
54 of Regulation (EC) 178/2002 of the European Parliament and of the Council
of 28 January 2002 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, insofar as those provisions relate to
food.
|
|
|
|
These Regulations may be
cited as the European Communities (General Food Law) Regulations 2007.
|
|
|
|
1 OJ L 31,
1.2.2002, p. 1, as amended.
2 OJ L 165,
30.4.2004, p. 1, as affected by the Corrigendum to Regulation (EC) No.
882/2004, OJ L 191, 28.5.2004, p. 1.
|