Office of Public Sector Information
Statutory Rules of Northern Ireland
Food
Made
26th June 2008
Coming into operation
for the purpose of regulation 6
30th June 2008
for all other purposes
1st July 2008
The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred on it by Articles 15(2), 16(1) and (2), 25(1)(a), (2)(a) and (3), 32 and 47(2) of the Food Safety (Northern Ireland) Order 1991(2).
In accordance with Article 47(3A) of that Order, it has had regard to relevant advice given by the Food Standards Agency.
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 procedures in matters of food safety(3), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.
1. These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 2008 and come into operation —
(a) for the purpose of regulation 6 on 30th June 2008, and
(b) for all other purposes on 1st July 2008.
2. The Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008(4) are amended in accordance with regulations 3 to 7.
3. In regulation 2(1) (interpretation) —
(a) for the definition of “EEA State” substitute —
““EEA State” means a Member State (other than the United Kingdom), Norway, Iceland and Liechtenstein;” and
(b) after the definition of “material or article” insert —
““Member State” means a Member State of the European Communities;”
4. In regulation 9(3) for “stimulant” substitute “simulant”.
5. For regulation 21(3) substitute —
“(3) In any proceedings for an offence under these Regulations other than an offence referred to in regulation 20(1), it shall be a defence to prove —
(a) in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. Nos. 30340, 30401, 56800, 76815, 76866, 88640 or 93760 contained in the Annex to Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(5), that the derogation contained in Article 1 of Commission Regulation (EC) No. 597/2008 amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(6) is applicable; or
(b) in the case of lids containing a gasket that do not comply with the restrictions and specifications for Ref. No. 36640 (azodicarbonamide) contained in Annex III or in the case of plastic materials or articles which do not comply with the restrictions and specifications for phthalates under Ref. Nos. 74560, 74640, 74880, 75100 or 75105 contained in that Annex, that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st July 2008; or
(c) in any case other than those mentioned in sub-paragraph (a) or (b), that the act constituting the alleged offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st May 2009; and
(d) that the act constituting the alleged offence would not otherwise have constituted an offence under these Regulations if the amendments to the Directive made by Commission Directive 2007/19/EC had not been implemented in Northern Ireland at the time the matter occurred.”
6. In regulation 27 (revocations), omit paragraph (c).
7. For Schedules 1 to 4 substitute Schedules 1 to 4 as set out in the Schedule to these Regulations.
8. In regulation 2(1) (interpretation) of the Plastic Materials and Articles in Contact with Food (Lid Gaskets) Regulations (Northern Ireland) 2007(7), for the definition of “the Commission Regulation” substitute —
““the Commission Regulation” means Commission Regulation (EC) No 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods as amended by Commission Regulation (EC) No 597/2008; amending Commission Regulation (EC) No. 372/2007 laying down transitional migration limits for plasticisers in gaskets in lids intended to come into contact with foods(8)”.
9. In the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991(9), in Schedule 1 (provisions to which those Regulations do not apply) for the title and reference of the Plastic Materials and Articles in Contact with Food (No. 2) Regulations (Northern Ireland) 2006 substitute the title and reference of the Plastic Materials and Articles in Contact with Food Regulations (Northern Ireland) 2008.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 26th June 2008.
Andrew McCormick
A senior officer of the Department of Health, Social Services and Public Safety
Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.I) Article 3(6) Back [1]
S.I. 1991/762 (N.I.7) 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 and S.R. 2004 Nos. 482 and 505 Back [2]
OJ No. L31, 1.2.2002, p.1: that Regulation was last amended by Commission Regulation (EC) No. 202/2008 (OJ No. L60, 5.3.2008, p.17) Back [3]
S.R. 2008 No. 167 Back [4]
OJ No. L92, 3.4.2007, p.9 Back [5]
OJ No. L164, 25.6.2008, p.12 Back [6]
S.R. 2007 No. 419 Back [7]
OJ No. L164, 25.6.2008, p. 12 Back [8]
S.R. 1991 No. 198; the relevant amending Regulation is S.R. 2006 No. 420 Back [9]
The Plastic Materials and Articles in Contact With Food (Amendment) Regulations (Northern Ireland) 2008