Contents
- 1 Citation and commencement
- 2 Interpretation
- 3 Exemptions
- 4 Composition of flour
- 5 Additional ingredients
- 6 Restrictions on the use of ‘wholemeal’ and ‘wheat germ’
- 7 Offences and penalties
- 8 Enforcement
- 9 Defence in relation to exports
- 10 Application and modification of provisions of the Order
- 11 Amendments
- 12 Revocations
- Schedule 1 Essential Ingredients of Flour
- Schedule 2 Specification for Iron Powder
- Schedule 3 Ingredients Permitted in Flour and Bread
- Schedule 4 Revocations
- Schedule 5 Application and modification of provisions of the Order
2Interpretation#
In these Regulations—• “bread” means a food of any size, shape or form which—(a) is usually known as bread, and(b) consists of a dough made from flour and water, with or without other ingredients, which has been fermented by yeast or otherwise leavened and subsequently baked or partly baked,but does not include buns, bunloaves, chapattis, chollas, pitta bread, potato bread or bread specially prepared for coeliac sufferers;• “common wheat” means Triticum aestivum L;• “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993;• “EEA State” means a State which is a Contracting Party to the EEA Agreement;• “enzyme preparation” means any food additive which consists of one or more enzymes with or without the addition of supplementary material to facilitate the storage, sale, standardisation, dilution or dissolution of the enzyme or enzymes;• “flour” means the product which is derived from, or separated during, the milling or grinding of cleaned cereal whether or not the cereal has been malted or subjected to any other process, and includes meal, but does not include other cereal products, such as separated cereal bran, separated cereal germ, semolina or grits;• “flour bleaching agent” means any food additive primarily used to remove colour from flour;• note...• note...• “food additive” has the meaning assigned to it by Article 3(2)(a) of Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives as last amended by Commission Regulation (EU) 2018/1497• “ingredient” has the meaning assigned to it by Article 2(2)(f) of Regulation (EU) No 1169/2011;• “labelling” has the meaning assigned to it by Article 2(2)(j) of Regulation (EU) No 1169/2011;• note...• “the Order” means the Food Safety (Northern Ireland) Order 1991;• “Regulation (EU) No 1169/2011” means Regulation (EU) No 1169/2011 of the European Parliament and of the Council on the provision of food information to consumers, amending Regulations (EC) No 1924/2006 and (EC) No 1925/2006 of the European Parliament and of the Council, and repealing Commission Directive 87/250/EEC, Council Directive 90/496/EEC, Commission Directive 1999/10/EC, Directive 2000/13/EC of the European Parliament and of the Council, Commission Directives 2002/67/EC and 2008/5/EC and Commission Regulation (EC) No 608/2004as last amended by Regulation (EU) 2015/2283 of the European Parliament and of the Council.; note...• “sell” includes offer or expose for sale and includes have in possession for sale ; and• “wholemeal flour” means the flour consisting of the whole of the product obtained from the milling or grinding of cleaned cereals.
3Exemptions#
(1)These Regulations, except insofar as they relate to advertising, shall not apply to any food which is not intended for sale for human consumption.
(2)These Regulations shall not apply in respect of—
(a)any bread or flour brought into Northern Ireland from an EEA State in which it was lawfully produced and sold;
(b)any bread or flour lawfully produced in another member State and brought into Northern Ireland from a member State in which it was lawfully sold;
(c)any bread or flour lawfully produced outside the European Union and brought into Northern Ireland from a member State in which it was in free circulation and lawfully sold;
(d)any bread produced in Northern Ireland which is to be exported to any country outside the United Kingdom;
(e)any flour produced in Northern Ireland which is—
(i)to be exported to any country outside the United Kingdom; or
(ii)for use in the production of food that is to be exported to any country outside the United Kingdom,
which is suitably labelled to give the nature of the bread or flour.
(3)For the purposes of paragraph (2), “free circulation” has the same meaning as in Article 9.2 of the Treaty establishing the European Community.
4Composition of flour#
(1)Subject to paragraphs (1A) and (2), flour derived from common wheat and from no other cereal, whether or not mixed with other flour, shall contain the substances specified in column 1 of Schedule 1 in accordance with the proportions and conditions prescribed in column 2 of that Schedule and with Schedule 2.
(1A)The requirements specified in paragraph (1) shall not apply to—
(a)wholemeal flour; or
(b)flour produced by a small mill which is a production site which has—
(i)a maximum annual production capacity of 500 metric tonnes of flour, and
(ii)produced less than 500 metric tonnes of flour for each of the last three calendar years.
(2)The requirements specified for item 1 in column 2 of Schedule 1 shall not apply in the case of—
(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)self raising flour which has a calcium content of not less than 0.2 per cent, and
(c)wheat malt flour.
(3)The substances specified in items 2 to 4 of Schedule 1 shall be added where such addition is necessary in accordance with the conditions prescribed in column 2 of that Schedule.
(4)Subject to paragraph (5)—
(5)Paragraph (4) shall not apply as respects any sale or importation into Northern Ireland of flour for use in the manufacture of communion wafers, matzos, gluten, starch or any concentrated preparation for use for the purpose of facilitating the addition to flour of the substances referred to in Schedule 1.
5Additional ingredients#
(1)No person shall use as an ingredient in the preparation of flour or bread any flour bleaching agent.
(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6Restrictions on the use of ‘wholemeal’ and ‘wheat germ’#
10Application and modification of provisions of the Order#
The provisions of the Order specified in column 1 of the table in Schedule 5 apply, with the modifications specified in column 2 of that table, for the purposes of these Regulations.
12Revocations#
The Regulations specified in column 1 of Schedule 4 are hereby revoked to the extent specified in column 3 of that Schedule.
Schedule 1 · Essential Ingredients of Flour
Schedule 2 · Specification for Iron Powder
Schedule 3 · Ingredients Permitted in Flour and Bread
Schedule 4 · Revocations
Schedule 5 · Application and modification of provisions of the Order
Contains public sector information licensed under the Open Government Licence v3.0.