The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013

Contents

1Citation and commencement#

These Regulations may be cited as the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 and come into operation on 6th April 2013.

2Interpretation#

(1)In these Regulations —• “owner” means —(a) in the case of goods in transit, the consignor (or, if the consignor does not have an address in Northern Ireland, the consignee);(b) in the case of goods from a vending machine —(i) if the machine is marked with the name and address of its owner, and the address is in Northern Ireland, that person; and(ii) in any other case, the occupier of the premises on which the machine stands or to which it is affixed;(c) in any other case, the person appearing to the authorised officer to be the owner of the sample when the officer procured it;• “qualified” means qualified for the purposes of the Order;• “specified state” means one of the states listed in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;• “the Order” means the Food Safety (Northern Ireland) Order 1991.

(2)The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly.

3Sampling and analysis provisions to which these Regulations do not apply#

The provisions of these Regulations specified in column 3 of Schedule 1 do not apply to any sample taken under the provisions of the Regulations listed in the corresponding entry in the first column of that Schedule.

4Qualifications of analysts#

A person is qualified to be a food analyst or a public analyst if that person possesses a Mastership in Chemical Analysis awarded by the Royal Society of Chemistry.

5Qualifications of food examiners#

(1)A person is qualified to be a food examiner if that person —

(a)before the coming into operation of these Regulations, was qualified to be a food examiner under regulation 4 of the Food Safety (Sampling and Qualifications) Regulations 1991 ^note; or

(b)on or after that date,

(i)possesses a qualification listed in Part 1 of Schedule 2; and

(ii)has carried out examination of food over a period or periods amounting in aggregate to at least 3 years in one or more of the laboratories listed in Part 2 of that Schedule.

(2)In calculating the qualification period in paragraph (1)(b)(ii), no account is to be taken of any period spent as an undergraduate in a laboratory specified in paragraphs 4 to 6 of Part 2 of Schedule 2.

6Restrictions applying to analysts and examiners#

(1)A director, owner or employee of a food business or partner in a food business must not act as a public analyst or food examiner for the area in which such business is situated.

(2)A person mentioned in paragraph (1) must not analyse or examine any sample which that person knows to have been taken from the business.

7Procedure where a sample is to be analysed#

(1)An authorised officer who has procured a sample under Article 29 of the Order and who considers that it should be analysed must, subject to paragraph (4), cause the sample to be divided into three parts.

(2)If the sample consists of sealed containers and opening them would, in the opinion of the authorised officer, impede a proper analysis, the authorised officer must divide the sample into parts by putting the containers into three lots, and each lot must be treated as being a part.

(3)The authorised officer must —

(a)if necessary place each part in a suitable container and seal each container;

(b)mark or label each part or container;

(c)as soon as reasonably practicable give one part to the owner and give the owner notice that the sample will be analysed;

(d)submit one part for analysis; and

(e)retain one part for future submission under regulation 8.

(4)If the authorised officer is of the opinion that division of the parts is not reasonably practicable or is likely to impede a proper analysis the officer must, as soon as is reasonably practicable, give notice to the owner that the undivided sample will be analysed and must submit it for analysis.

8Submission of the retained part of the sample#

(1)Where part of a sample has been retained under regulation 7(3)(e) and —

(a)proceedings are intended to be or have been commenced against a person for an offence in connection with that sample; and

(b)the prosecution intends to adduce as evidence the result of the analysis mentioned above,

9Procedure where a sample is to be examined#

An authorised officer who has procured a sample under Article 29 of the Order and who considers that it should be examined must —

(a)if necessary place the sample in a suitable container and seal the container;

(b)mark or label the sample or container; and

(c)as soon as reasonably practicable,

(i)submit the sample for examination; and

(ii)give notice to the owner that it is to be examined.

10Certificates#

(1)Where a sample procured under Article 29 of the Order has been analysed or examined, the owner is entitled on request to be supplied with a copy of the certificate of analysis or examination by the enforcement authority.

(2)The certificate given by a food analyst or examiner under Article 30(6) of the Order must, subject to such adaptations as circumstances may reasonably require, be in the form of the example set out in Schedule 3.

11Consequential amendments#

In the following provisions, for “the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991” substitute “ the Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013 ”

(a)regulation 13(10) and (11) (analysis etc. of samples) of the Food Hygiene Regulations (Northern Ireland) 2006 ^note;

(b)regulation 36(10) and (11) (analysis etc. of samples) of the Official Feed and Food Controls Regulations (Northern Ireland) 2009 ^note.

12Revocation#

The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 1991 are revoked.

Schedule 1 · Instruments to which specified provisions of these Regulations do not apply

Schedule 2 · Qualifications of Food Examiners

Part 1

(1)A first degree (with honours) in microbiology (irrespective of the title of the degree).

(2)A degree of Master of Science, provided that —

(a)the degree was awarded following an examination rather than a thesis; and

(b)at least one paper in the degree was in microbiology.

(3)Fellowship of the Institute of Biomedical Sciences if that Fellowship has been gained after passing the higher specialist diploma examination in medical microbiology set by that Institute.

(4)The degree in Mastership in Chemical Analysis awarded by the Royal Society of Chemistry.

(5)Fellowship or Membership of the Institute of Food Science and Technology.

(6)In paragraphs 1 and 2 of this Part, “degree” means a degree awarded by a body recognised for the purposes of Article 3 of the Education (Unrecognised Degrees) (Northern Ireland) Order 1988 ^note (which relates to bodies empowered to award degrees in the United Kingdom) or by a university in a Member State of the European Union or in a specified state .

Part 2

(1)The Laboratory of the Government Chemist.

(2)A laboratory owned by a Government Department or a laboratory under the equivalent control of the government of a Member State of the European Union or of a specified state .

(3)A laboratory appointed as an official laboratory under Regulation (EU) 2017/625 of the European Parliament and of the Council of 15 March 2017 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products. .

(4)A laboratory of a university in the United Kingdom or of a Member State of the European Union or of a specified state .

(5)A laboratory of a fundable body within the meaning of the Further and Higher Education (Scotland) Act 2005 ^note.

(6)A laboratory of the Scottish Agricultural College.

(7)A laboratory specialising in food microbiology and accredited to ISO/IEC 17025.

Schedule 3 · Certificate of Analysis or Examination

Contains public sector information licensed under the Open Government Licence v3.0.

Defined terms · 5

Show every defined term

degree
means a degree awarded by a body recognised for the purposes of Article 3 of the Education (Unrecognised Degrees) (Northern Ireland) Order 1988 (which relates to bodies empowered to award degrees in the United Kingdom) or by a university in a Member State of the European Union or in a specified state.
owner
means — (a) in the case of goods in transit, the consignor (or, if the consignor does not have an address in Northern Ireland, the consignee);
qualified
means qualified for the purposes of the Order;
specified state
means one of the states listed in Schedule 1 to the Recognition of Professional Qualifications and Implementation of International Recognition Agreements (Amendment) Regulations 2023;
the Order
means the Food Safety (Northern Ireland) Order 1991.

The Food Safety (Sampling and Qualifications) Regulations (Northern Ireland) 2013

1Citation and commencement#

2Interpretation#

3Sampling and analysis provisions to which these Regulations do not apply#

4Qualifications of analysts#

5Qualifications of food examiners#

6Restrictions applying to analysts and examiners#

7Procedure where a sample is to be analysed#

8Submission of the retained part of the sample#

9Procedure where a sample is to be examined#

10Certificates#

11Consequential amendments#

12Revocation#

Schedule 1 · Instruments to which specified provisions of these Regulations do not apply

Schedule 2 · Qualifications of Food Examiners

Part 1

Part 2

Schedule 3 · Certificate of Analysis or Examination

Connections

Defined terms · 5

Key facts

History · 4 versions

1Citation and commencement#

2Interpretation#

3Sampling and analysis provisions to which these Regulations do not apply#

4Qualifications of analysts#

5Qualifications of food examiners#

6Restrictions applying to analysts and examiners#

7Procedure where a sample is to be analysed#

8Submission of the retained part of the sample#

9Procedure where a sample is to be examined#

10Certificates#

11Consequential amendments#

12Revocation#

Schedule 1 · Instruments to which specified provisions of these Regulations do not apply

Schedule 2 · Qualifications of Food Examiners

Part 1

Part 2

Schedule 3 · Certificate of Analysis or Examination