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S.I. No. 412 of 2006
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European Communities (Sampling Methods
and Methods of Analysis for the Official Control of the Levels of Certain
Contaminants in Foodstuffs) (No. 2) Regulations 2006
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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 Commission Directive 2001/22/EC1 of
8 March 2001 laying down the sampling methods and the methods of analysis
for the official control of the levels of lead, cadmium, mercury and 3-MCPD
in foodstuffs as amended by Commission Directive 2005/4/EC2 of
19 January 2005, Commission Directive 2002/69/EC3 of 30 July 2002
laying down the sampling methods and the methods of analysis for the
official control of dioxins and the determination of dioxin-like PCBs in
foodstuffs as amended by Commission Directive 2004/44/EC4 of
13 April 2004, Commission Directive 2004/16/EC5 of 12 February
2004 laying down the sampling methods and the methods of analysis for the
official control of the levels of tin in canned foods and Commission
Directive 2005/10/EC6 of 4 February 2005 laying down the
sampling methods and the methods of analysis for the official control of the
levels of benzo(a)pyrene
in foodstuffs, and for the purpose of giving full effect to Commission
Regulation (EC) No. 401/20067
of 23 February 2006 laying down the
methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs, hereby make the following
regulations:
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PART 1
Preliminary
1. These
Regulations may be cited as the European Communities (Sampling Methods and Methods
of Analysis for the Official Control of the Levels of Certain Contaminants
in Foodstuffs) (No. 2) Regulations 2006.
2. (1) In
these Regulations:
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“Act of 1998” means the Food Safety Authority of Ireland Act 1998 (No.
29 of 1998);
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“approved examiner” means:
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(a) a
Deputy Public Analyst located at a Public Analyst's Laboratory,
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(b) a
Public Analyst located at a Public Analyst's Laboratory,
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(c) a
Senior Chemist in the State Laboratory,
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(d) an
Executive Analytical Chemist located at a Public Analyst's Laboratory,
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(e) the
Senior Chemist in the Institute,
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(f) the
State Chemist in the State Laboratory, or
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(g) a
person or class of persons designated by the Minister pursuant to Regulation
17;
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“authorised officer” means:
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(a) an
authorised officer appointed under section 49 of the Act of 1998,
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(b) a
person appointed by the Minister for Agriculture and Food to be an
authorised officer for the purposes of these Regulations,
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(c) a
person appointed by the Minister for Communications, Marine and Natural
Resources to be an authorised officer for the purposes of these Regulations,
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(d) a
person appointed as an authorised officer under the European Communities
(Sampling Methods and the Methods of Analysis for the Official Control of
the Levels of Certain Contaminants in Foodstuffs) Regulations 2001 ( S.I.
No. 401 of 2001 ), or under the European Communities (Sampling Methods and
Methods of Analysis for the Official Control of the Levels of Certain
Contaminants in Foodstuffs) Regulations 2003 ( S.I. No. 267 of 2003 ), or
under the European Communities (Sampling Methods and Methods of Analysis for
the Official Control of the Levels of Certain Contaminants in Foodstuffs)
Regulations 2005 ( S.I. No. 68 of 2005 ), or under the European Communities
(Sampling Methods and Methods of Analysis for the Official Control of the
Levels of Certain Contaminants in Foodstuffs) (No. 2) Regulations 2005 (
S.I. No. 368 of 2005 ), and appointed as an authorised officer under the
European Communities (Sampling Methods and Methods of Analysis for the Official
Control of the Levels of Certain Contaminants in Foodstuffs) (No. 2)
Regulations 2005 immediately before the coming into operation of the
European Communities (Sampling Methods and Methods of Analysis for the
Official Control of the Levels of Certain Contaminants in Foodstuffs)
Regulations 2006 ( S.I. No. 144 of 2006 ), or
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(e) a
person appointed as an authorised officer under the European Communities
(Sampling Methods and Methods of Analysis for the Official Control of the Levels
of Certain Contaminants in Foodstuffs) Regulations 2006, and appointed as an
authorised officer immediately before the coming into operation of these
Regulations;
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“Authority” means the Food Safety Authority of Ireland, established
under section 9 of the Act of 1998;
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“Directives” means Commission Directive 2001/22/EC1 of
8 March 2001 as amended by Commission Directive 2005/4/EC2 of
19 January 2005, Commission Directive 2002/69/EC3 of 30 July 2002 as
amended by Commission Directive 2004/44/EC4
of 13 April 2004, Commission
Directive 2004/16/EC5 of 12 February 2004 and Commission
Directive 2005/10/EC6 of 4 February 2005;
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“EC Instruments” means the Directives and the EC Regulation;
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“EC Regulation” means Commission Regulation (EC) No. 401/20067 of
23 February 2006 laying
down the methods of sampling and analysis for the official control of the
levels of mycotoxins in foodstuffs;
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“General Food Law Regulation” referred to at paragraph (2) means
Regulation (EC) No. 178/20028
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;
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“Institute” means the Marine Institute, established under section 3
of the Marine Institute Act 1991 (No. 2 of 1991);
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“Minister” means the Minister for Health and Children;
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“official agency” means an official agency carrying out functions
under a service contract and acting on behalf of the Authority pursuant to
section 48 of the Act of 1998;
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“Official Controls Regulation” means Regulation (EC) No. 882/20049 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;
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“official laboratory” means:
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(a) the
Institute
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(b) the
Public Analyst's Laboratory, Cork,
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(c) the
Public Analyst's Laboratory, Dublin,
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(d) the
Public Analyst's Laboratory, Galway,
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(e) the
State Laboratory,
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(f) a
laboratory designated by the Minister pursuant to Regulation 17;
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“service contract” means a contract entered into between the
Authority and an official agency pursuant to section 48 of the Act of 1998.
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(2) A
word or expression which is used in these Regulations and which is also used
in the EC instruments or in the General Food Law Regulation has, unless the
context otherwise requires, the same meaning in these Regulations as it has
in the EC instruments or in the General Food Law Regulation.
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(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.
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(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.
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(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.
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PART
2
General Provisions
3. (1) Sampling
for the official control of the levels of lead, cadmium, mercury and 3-MCPD
in foodstuffs shall be carried out in accordance with the methods described
in Annex I to Commission Directive 2001/22/EC1 as amended by
Commission Directive 2005/4/EC2.
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(2) Sample
preparation and methods of analysis used for the official control of the
levels of lead, cadmium, mercury and 3-MCPD in foodstuffs shall comply with
the criteria described in Annex II to Commission Directive 2001/22/EC1
as amended by Commission Directive 2005/4/EC2.
4. (1) Sampling
for the official control of the levels of dioxins and furans and the
determination of the levels of dioxin-like PCBs in foodstuffs shall be
carried out in accordance with the methods described in Annex I to
Commission Directive 2002/69/EC3 as amended by Commission
Directive 2004/44/EC4.
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(2) Sample
preparation and methods of analysis used for the official control of the levels
of dioxins and furans and the determination of the levels of dioxin-like
PCBs in foodstuffs shall comply with the criteria described in Annex II to
Commission Directive 2002/69/EC3 as amended by Commission
Directive 2004/44/EC4.
5. (1) Sampling
for the official control of the levels of tin in foodstuffs shall be carried
out in accordance with the methods described in Annex I to Commission
Directive 2004/16/EC5.
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(2) Sample
preparation and methods of analysis used for the official control of the
levels of tin in foodstuffs shall comply with the criteria described in
Annex II to Commission Directive 2004/16/EC5.
6. (1) Sampling
for the official control of the levels of benzo(a)pyrene in foodstuffs shall be carried out in accordance
with the methods described in Annex I to Commission Directive 2005/10/EC6.
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(2) Sample
preparation and methods of analysis used for the official control of the
levels of benzo(a)pyrene
in foodstuffs shall comply with the criteria described in Annex II to
Commission Directive 2005/10/EC6.
7. (1) Sampling
for the official control of the levels of mycotoxins
in foodstuffs shall be carried out in accordance with the methods described
in Annex I to the EC Regulation.
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(2) Sample
preparation and methods of analysis used for the official control of the
levels of mycotoxins in foodstuffs shall comply
with the criteria described in Annex II to the EC Regulation.
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PART
3
Enforcement
8. The
enforcement of these Regulations and of the EC instruments shall be carried
out in accordance with the provisions of these Regulations and with the
provisions of the EC instruments.
9. These
Regulations shall be deemed to be food legislation for the purposes of the
Act of 1998.
10. These
Regulations shall be enforced by the Authority or by an official agency
pursuant to a service contract with the Authority and, without prejudice to
Regulation 8, the enforcement provisions contained in the Act of 1998 shall
apply for the purposes of ensuring compliance with these Regulations.
11. (1) An
authorised officer may purchase or take without payment a sample of any
foodstuff.
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(2) An
authorised officer may exercise such other powers as may be reasonably
necessary to ensure that these Regulations are being complied with.
12. For
the purposes of these Regulations, sampling shall be carried out by an
authorised officer and analysis shall be carried out by an approved
examiner, or by a person acting under his or her direction, in an official
laboratory.
13. Where
an authorised officer purchases or takes without payment a sample of any
foodstuff with the intention of having it analysed:
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(a) he
or she shall notify the owner or person in apparent charge or control of
such foodstuffs forthwith of his or her intention of having the sample
analysed;
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(b) the
authorised officer shall, in the presence of the owner or person in apparent
charge or control of such foodstuffs, mark, seal and fasten the sample in
such a manner as its nature will permit and in such a way that the integrity
of the sample is not compromised and forward it to an approved examiner in
an official laboratory for analysis;
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(c) as
soon as is reasonably practicable after he or she has received such a
sample, the approved examiner or a person acting under his or her direction
shall issue to the owner or person in apparent charge or control of the
foodstuff, a certificate in the form set out in Schedule 2, or a certificate
in like form, confirming that the integrity of the sample had been
preserved;
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(d) the
approved examiner or a person acting under his or her direction shall
prepare and sub-divide the sample in accordance with Regulations 3, 4, 5, 6
or 7, as appropriate;
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(e) the
enforcement sample, the trade (defence) sample and the referee sample shall
be marked in such a way as to identify them as a part of the sample taken by
the authorised officer and the trade (defence) sample shall be forwarded to
the owner or person in apparent charge or control of the foodstuff in such a
way that the integrity of the sample is not compromised.
14. Authorised
officers and the approved examiners shall take all reasonable steps to
ensure that samples taken under these Regulations, and all sub-samples
derived from such samples, are stored and transported in conditions that
offer adequate protection from contamination and avoid any change in
composition of the sample, which might arise during transportation or
storage.
15. (1) The
approved examiner, or a person acting under his or her direction, shall
analyse as soon as possible a sub-sample of the sample 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.
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(2) After
the sub-sample has been analysed by the approved examiner, or a person
acting under his or her direction, a certificate in the form set out in
Schedule 1, or a certificate in like form, shall be completed.
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(3) An
official certificate given in accordance with this Regulation may be adduced
in evidence in a prosecution and shall be prima facie evidence of the
matters contained therein, until the contrary is proved.
16. Where
a sample of a foodstuff is taken by an authorised officer in pursuance of
these Regulations for analysis by an approved examiner, and where the
certificate given in accordance with Regulation 15 indicates that there has
been non-compliance with food law, 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 shall provide the owner or person in
apparent charge or control of the foodstuff with a copy of the report.
17. The
Minister may, for the purposes of these Regulations designate, by notice in
writing published in Iris Oifigiúil -
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(a) a
laboratory as a laboratory at which samples taken under these Regulations
may be analysed, and
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(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 and Schedule 2.
18. A
person who -
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(a) obstructs
or interferes with an authorised officer in the exercise of the officer's
powers under these Regulations,
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(b) fails
or refuses to state his or her name or address in compliance with a requirement
under these Regulations,
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(c) fails
to comply with a request from an authorised officer under these Regulations,
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(d) makes
a statement to an authorised officer which the person knows is false or
misleading, or
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(e) gives
in purported compliance with a requirement under these Regulations a name,
an address or corroborative evidence which is false or misleading
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is guilty of an offence.
19. (1) Any
person who forges, or utters knowing it to be forged, a certificate or other
document purporting to be issued, granted or given under these Regulations
(hereafter in this Regulation referred to as “a forged document”), is guilty
of an offence.
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(2) Any
person who alters with intent to defraud or deceive, or who utters knowing
it to be so altered, a certificate or other document issued, granted or
given under these Regulations (hereafter in this Regulation referred to as
“an altered document”), is guilty of an offence.
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(3) Any
person who, without lawful authority, has in his or her possession a forged
document or an altered document is guilty of an offence.
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(4) Any
person who, with intent to defraud or deceive -
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(a) tampers
with any thing so as to purport that any sample taken pursuant to these
Regulations does not correctly represent the substance sampled, or
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(b) tampers
or interferes with any sample taken under these Regulations
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is guilty of an offence.
20. A
person who is guilty of an offence under these Regulations shall be liable
on summary conviction to a fine not exceeding €5,000 or, at the discretion of
the court, to imprisonment for a term not exceeding 6 months, or both.
21. 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 shall be
liable to be proceeded against and punished as if he or she were guilty of
the first-mentioned offence.
22. An
offence under these Regulations may be prosecuted by -
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(a) the
Authority, or
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(b) an
official agency.
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PART
4
Revocation
23. (1) The
European Communities (Sampling Methods and Methods of Analysis for the
Official Control of the Levels of Certain Contaminants in Foodstuffs)
Regulations 2006 (S.I. 144 of 2006) are revoked.
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(2) References
in any other instrument to the Regulations revoked under paragraph (1) shall
be construed as references to these Regulations, as appropriate.
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Schedule
1
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Form of official certificate to be given by an approved examiner to
an authorised officer.
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European Communities (Sampling Methods and
Methods of Analysis for the Official Control of the Levels of Certain
Contaminants in Foodstuffs) (No. 2) Regulations 2006
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Certificate
of Analysis
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To (1)........................................
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I, the undersigned (2)..........................................
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being an Approved Examiner for the purpose of
the above Regulations certify that on
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the .........................day of
.......................... 20......
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a sample marked (3)
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Date .....................................
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Number .....................................
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Weight or Measure (4)
.....................................
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was submitted to me by you and I certify that
the sample was prepared and analysed/examined by me or under my direction and
as a result I am of the opinion that (5)
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Observations:(6)
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I further certify that the sample has
undergone no change which would affect my opinion/observations expressed
above.
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Certified by me this .....................day
of ............................... 20.....
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at (7)
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Name in BLOCK LETTERS
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Status ...........................................................
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Signature
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_______________
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Official Stamp
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NOTES
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(1) Insert the name
and address of the person submitting the sample for analysis.
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(2) Insert
description (e.g. Senior Chemist in the Institute).
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(3) Insert
particulars of marking (e.g. name, date etc.).
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(4) This may be left
unanswered if the sample cannot be conveniently weighed or measured or the
weight or measurement is not material to the result of analysis.
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(5) Here the
approved examiner should specify the result of the analysis having regard to
the provisions of relevant legislation.
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(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; whether and in what respect a label
and description relating to the sample is incorrect or misleading; and he or
she may add any other observations as he or she may consider relevant.
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(7) Insert the name
and address of the laboratory carrying out the analysis/examination.
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Schedule
2
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Form of official certificate to be issued by an approved examiner,
or by a person acting under his or her direction, to the owner or person in apparent
charge or control of a foodstuff in respect of which a sample was taken
pursuant to these Regulations
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European Communities (Sampling Methods and
Methods of Analysis for the Official Control of the Levels of Certain
Contaminants in Foodstuffs) (No. 2) Regulations 2006
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Certificate
of Integrity of Sample
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To (1)
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I, the undersigned (2)
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being an Approved Examiner for the purposes
of the above Regulations, or a person acting under the direction of an
Approved Examiner(3), certify that on
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the ..........................day of
......................... 20......
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a sample marked (4)
.............................
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Date ......................................
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Numbers ..................................
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Weight or Measure (5)
.......................................
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was submitted to me by an authorised officer(6)
................. and I certify that the seal has not been tampered with and
that it was delivered to this laboratory with its integrity preserved.
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Certified by me this .....................
day of ............................... 20......
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at (7)
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Name in BLOCK LETTERS
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Status .........................................................
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Signature
...........................................................
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_______________
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Official Stamp
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NOTES
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(1) Insert the name
and address of the owner or person in apparent charge or control of the
foodstuff.
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(2) Insert
description (e.g. Senior Chemist in the Institute).
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(3) Delete as
appropriate.
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(4) Insert particulars
of marking (e.g. name, date etc.).
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(5) This may be
left unanswered if the sample cannot be conveniently weighed or measured.
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(6) Insert the name
of the authorised officer who submitted the sample.
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(7) Insert the name
and address of the laboratory carrying out the analysis/examination.
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Given under my Official Seal this 2nd August, 2006.
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Mary Harney,
Minister for Health and Children
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Explanatory Note
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(This note is not part of the Instrument and does not purport to be
a legal interpretation).
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These Regulations give further effect to
Commission Directive 2001/22/EC of 8 March 2001 laying down the sampling
methods and the methods of analysis for the official control of the levels
of lead, cadmium, mercury and 3-MCPD in foodstuffs as amended by Commission
Directive 2005/4/EC of 19 January 2005, Commission Directive 2002/69/EC of
30 July 2002 laying down the sampling methods and the methods of analysis
for the official control of dioxins and the determination of dioxin-like
PCBs in foodstuffs as amended by Commission Directive 2004/44/EC of 13 April
2004, Commission Directive 2004/16/EC of 12 February 2004 laying down the
sampling methods and the methods of analysis for the official control of the
levels of tin in canned foods and Commission Directive 2005/10/EC of 4
February 2005 laying down the sampling methods and the methods of analysis
for the official control of the levels of benzo(a)pyrene in foodstuffs. These Directives were previously
transposed by the European Communities (Sampling Methods and Methods of
Analysis for the Official Control of the Levels of Certain Contaminants in
Foodstuffs) Regulations 2006 ( S.I. No. 144 of 2006 ).
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These Regulations also give full effect to
Commission Regulation (EC) No. 401/2006 of 23 February 2006 laying down the
methods of sampling and analysis for the official control of the levels of mycotoxins in foodstuffs.
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The principal effect of these Regulations is
to provide for the methods of sampling, and for the sample preparation and
methods of analysis for the official control of the levels of certain
contaminants in foodstuffs in accordance with the methods described in the
Annexes to the Directives and the EC Regulation.
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These Regulations may be cited as the
European Communities (Sampling Methods and Methods of Analysis for the
Official Control of the Levels of Certain Contaminants in Foodstuffs) (No.
2) Regulations 2006.
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DEPARTMENT OF HEALTH AND CHILDREN.
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August, 2006
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1 OJ L 77, 16.3.2001, p.
14.
2 OJ L 19, 21.1.2005, p.
50.
3 OJ L 209, 6.8.2002, p.
5.
4 OJ L 113, 20.4.2004, p.
17.
5 OJ L 42, 13.2.2004, p.
16.
6 OJ L 34, 8.2.2005, p.
15.
7 OJ L 70, 9.3.2006, p.
12.
1 OJ L 77, 16.3.2001, p.
14.
2 OJ L 19, 21.1.2005, p.
50.
3 OJ L 209, 6.8.2002, p.
5.
4 OJ L 113, 20.4.2004, p.
17.
5 OJ L 42, 13.2.2004, p.
16.
6 OJ L 34, 8.2.2005, p.
15.
7 OJ L 70, 9.3.2006, p.
12.
8 OJ L 31, 1.2.2002, p. 1.
9 OJ L 165, 30.4.2004, p.
1, as affected by Corrigendum to Regulation (EC) No. 882/2004, OJ L 191, 28.5.2004, p. 1.
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