(1)In these Regulations-• “authorised officer” in relation to an enforcement authority, means any person (whether or not an officer of the authority) who is authorised by them in writing, either generally or specially, to act in matters arising under these Regulations;• “catering establishment” has the meaning which it bears in the Food Labelling Regulations (Northern Ireland) 1996;• “Directive 89/108” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick-frozen foodstuffs for human consumption;• “Directive 92/2” means Commission Directive 92/2/EEC laying down the sampling procedure and the Community method of analysis for the official control of the temperatures of quick-frozen foods intended for human consumption;• “enforcement authority” means the authority which, by virtue of regulation 9(5), is responsible for executing and enforcing these Regulations;• “food” has the meaning that it bears in Regulation 178/2002;• “local distribution” in relation to any product, means that part of the distribution chain in which the product is delivered to the point of placing on the market for retail purposes (such placing on the market to include placing on the market to a catering establishment);• “the Order” means the Food Safety (Northern Ireland) Order 1991;• “placing on the market” has the meaning it bears in Regulation 178/2002;• “prepackaging” shall be construed in accordance with the definition of “prepacked” in the Food Labelling Regulations (Northern Ireland) 1996 but with “placed on the market” being substituted for “offered for sale”;• “quick-frozen foodstuff” means a product—(a) comprising food which has undergone a freezing process known as “quick-freezing” whereby the zone of maximum crystallisation is crossed as rapidly as possible, depending on the type of product, and(b) which is labelled for the purpose of placing on the market to indicate that it has undergone that process;but does not include ice-cream or any other edible ice;• “Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and 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;• “Regulation 37/2005” means Commission Regulation (EC) No. 37/2005 on the monitoring of temperatures in the means of transport, warehousing and storage of quick-frozen foodstuffs intended for human consumption;• “retail display cabinet” means any cabinet from which a quick-frozen foodstuff is placed on the market for retail purposes or in the course of a Cash-and-Carry business;• “specified Community provision” means any provision of Regulation 37/2005 that is specified in column 1 of Schedule 1 and whose subject-matter is described in column 2 of that Schedule; and• “ultimate consumer” has the meaning that it bears in the Food Labelling Regulations (Northern Ireland) 1996.
(2)Any reasonable expenses arising out of or in connection with the exercise of any power conferred on an authorised officer by this order shall, without prejudice to any proceedings for an offence against the Animal Health Act 1981, be recoverable on demand by the appropriate Minister as a civil debt from the owner or the person in charge of the processed animal protein or of the product containing processed animal protein in respect of which the power was exercised.
(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.
(a)
(b)
(4)For the purpose of exercising his powers to seize any processed animal protein or any product containing processed animal protein under article 6 above an authorised officer may, subject to production of his authority on demand, enter any land, premises, place, vehicle or container taking with him such persons as he considers requisite. An officer entering under this paragraph shall, if required by the owner or the person in charge of the land, premises, place, vehicle or container, state his reasons for entering.
3Placing on the market of quick-frozen foodstuffs#
No person shall place a quick-frozen foodstuff on the market for human consumption unless the conditions set out in paragraph 1 of Schedule 2 are satisfied in relation to it.
4Packaging of quick-frozen foodstuffs intended for the ultimate consumer#
No person shall place any quick-frozen foodstuff intended for the ultimate consumer on the market unless—
(1)The description “quick-frozen” or any other description listed in Article 8.1(a) of Directive 89/108 shall not be used in the labelling for the purpose of placing on the market of—
(a)a quick-frozen foodstuff; or
(b)a food which by virtue of that labelling becomes a quick-frozen foodstuff.
(2)A quick-frozen foodstuff intended for supply, without further processing, to the ultimate consumer or to a catering establishment shall, in addition to the description “quick-frozen” (and, as the intending supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
(a)an indication of the date of minimum durability;
(b)an indication of the maximum period during which it is advisable to store it;
(c)an indication of—
(i)the temperature at which; and/or
(ii)the equipment in which,
it is advisable to store it;
(d)a reference allowing identification of the batch to which it belongs; and
(e)a clear message of the type “do not refreeze after defrosting”.
(3)Any other quick-frozen foodstuff shall, in addition to the description “quick-frozen” (and, as the supplier may see fit, any other description listed in Article 8.1(a) of Directive 89/108) added to its sales name, be marked or labelled on its packaging, container or wrapping, or on a label attached thereto, with-
(a)a reference allowing identification of the batch to which it belongs; and
(b)the name or business name and address of the manufacturer or packer, or of a person established within the European Union who places that foodstuff on the market.
(4)No person shall place on the market any food intended for the ultimate consumer or any catering establishment where its labelling or marking contravenes paragraph (1) or (2) and no person shall place on the market any food intended for any other person where its labelling or marking contravenes paragraph (1) or (3).
Each manufacturer, storer, transporter, local distributor and retailer of any quick-frozen foodstuff intended by him for placing on the market for human consumption shall ensure during each stage during which such foodstuff is within his care and control that the equipment used in respect of that foodstuff is such as to ensure that no act or omission on his part would cause to be placed on the market the foodstuff for human consumption to contravene these Regulations.
Where, further to an inspection, an authorised officer has reasonable grounds to believe that the temperatures that are being or have been maintained in respect of any quick-frozen foodstuff are not the temperatures prescribed for such foodstuff in paragraph 1(e) and (f) of Schedule 2, he shall further inspect such quick-frozen foodstuff and such temperatures in accordance with the provisions of Directive 92/2.
(2)Any reasonable expenses arising out of or in connection with the exercise of any power conferred on an authorised officer by this order shall, without prejudice to any proceedings for an offence against the Animal Health Act 1981, be recoverable on demand by the appropriate Minister as a civil debt from the owner or the person in charge of the processed animal protein or of the product containing processed animal protein in respect of which the power was exercised.
(3)An authorised officer may vary, revoke, or suspend a notice served under this order by a notice in writing served on the person on whom the notice to be varied, revoked or suspended was served.
(4)For the purpose of exercising his powers to seize any processed animal protein or any product containing processed animal protein under article 6 above an authorised officer may, subject to production of his authority on demand, enter any land, premises, place, vehicle or container taking with him such persons as he considers requisite. An officer entering under this paragraph shall, if required by the owner or the person in charge of the land, premises, place, vehicle or container, state his reasons for entering.
(a)
(b)
(5)If the period of imprisonment imposed on any person in default of payment of a sum adjudged to be paid by a conviction or order of a magistrates' court, or for want of sufficient distress to satisfy such a sum, is reduced through part payments to less than 5 days, he may be committed either to a prison or to a place certified by the Secretary of State under section 134 of the Act of 1980, or, if he is already in prison, the Secretary of State may transfer him to a place so certified.
10Application of various provisions of the Food Safety (Northern Ireland) Order 1991#
The following provisions of the Order shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or a Part of it shall be construed as a reference to these Regulations—
(a)
(b)
(c)causes or permits any such contravention or noncompliance,
(d)the Secretary of State has no reasonable grounds for believing that the tests have not been properly carried out; and
(e)any fees payable in accordance with Article 11 are paid to the Secretary of State.
(f)
(g)
(h)
(i)
(j)systems, and components of such systems, of a category to which the Directive on measuring systems for liquids other than water applies;
(ii)was both a lone parent and entitled to income support on any day during the period of 12 weeks commencing on 6th April 1998; and
(cc)has a display resolution of not more than 1°C; and
(aa)has an accuracy of plus or minus 1°C when its sensor is measuring a temperature within the range of −25°C to +30°C;
(bb)has a measuring accuracy which does not change by more than plus or minus 0.5°C when it is operating in temperatures within the range of −20°C to +30°C;
(dd)is robust and shockproof;
(f)regulation 19(1) and (2);
(g)regulation 20(1)(a) and (3);
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