Contents
1Citation and commencement#
These Regulations may be cited as the Novel Foods Regulations (Northern Ireland) 2017 and come into operation on 1st January 2018.
2Interpretation#
(1)In these Regulations—• “the Order” means the Food Safety (Northern Ireland) Order 1991;• “Regulation (EU) 2015/2283” means Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001; and• “specified EU provision” means a provision of Regulation (EU) 2015/2283 specified in column 1 and described in column 2 of the table in Schedule 1.
(2)An expression used both in these Regulations and Regulation (EU) 2015/2283 has the meaning that it bears in Regulation (EU) 2015/2283 and any reference to a numbered article is a reference to the article so numbered in Regulation (EU) 2015/2283.
3Enforcement#
It is the duty of each district council within its district to enforce Regulation (EU) 2015/2283 and these Regulations.
4Offence and penalty#
A person who fails to comply with Article 6(2) (Union list of authorised novel foods) as read with Articles 24 and 35(2) of Regulation (EU) 2015/2283 is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5Application and modification of provisions of the Order#
(1)Articles 9(1) and (2) of the Order (improvement notices) apply for the purposes of these Regulations with the modification (in the case of Article 9(1)) set out in Schedule 2, Part 1 for the purposes of—
(a)enabling an improvement notice to be served on a person requiring the person to comply with a specified EU provision; and
(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.
(2)Article 8 of the Order (inspection and seizure of suspected food) applies for the purposes of these Regulations with the modifications set out in Part 2 of Schedule 2 for the purposes of enabling an authorised officer of a district council, if it appears to that officer that Article 6(2) of Regulation (EU) 2015/2283 is being, or has been, contravened in relation to any food which has been placed on the market, to either—
(a)give notice to the person in charge of the food that it is not to be used for human consumption, and is not to be removed or is not to be removed except to some place specified in the notice, or
(b)seize the food and remove it in order to have it dealt with by a justice of the peace.
(3)The provisions of the Order specified in column 1 of the table in Part 3 of Schedule 2 apply, with the modifications (if any) specified in column 2 of that table for the purpose of these Regulations.
(4)Paragraphs (1) to (3) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in paragraphs (1) and (2).
6Revocations#
The following regulations are revoked—
(a)The Novel Foods and Novel Food Ingredients Regulations (Northern Ireland) 2004; and
(b)The Food Enzymes Regulations (Northern Ireland) 2009.
Schedule 1 · Specified EU Provisions
Schedule 2 · Application and modification of provisions of the Order
Part 1 · Modification of Article 9(1)
(1)For Article 9(1) of the Order (improvement notices) substitute—“1 If an authorised officer has reasonable grounds for believing that a person is failing to comply with any provision specified in Schedule 1 to the Novel Foods Regulations (Northern Ireland) 2017, the authorised officer may, by a notice served on that person (in this Order referred to as an “improvement notice”) —a state the officer’s grounds for believing that the person is failing to comply with the relevant provision;b specify the matters which constitute the person’s failure so to comply;c specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; andd require the person to take those measures, or measures that are at least equivalent to them, within such period (not being less than 14 days) as may be specified in the notice.”
Part 2 · Modification of Article 8
(2)For Article 8 (inspection and seizure of suspected food) substitute—“1 This Article applies where it appears to an authorised officer that Article 6(2) of Regulation (EU) 2015/2283 is being, or has been contravened in relation to any food which has been placed on the market.2 The authorised officer may either—a give notice to the person in charge of the food that, until the notice is withdrawn, the food—i is not to be used for human consumption; andii either is not to be removed or is not to be removed except to some place specified in the notice; orb seize the food and remove it in order to have it dealt with by a justice of the peace;and any person who knowingly contravenes the requirements of a notice under sub-paragraph (a) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.3 Where the authorised officer gives notice under paragraph (2)(a), the authorised officer shall, as soon as is reasonably practicable and in any event within 21 days from the date of the notice, determine whether or not they are satisfied that the food complies with Article 6(2) of Regulation (EU) 2015/2283, and—a if so satisfied, immediately withdraw the notice;b if not so satisfied, seize the food and remove it in order to have it dealt with by a justice of the peace.4 Where an authorised officer seizes and removes food under paragraph (2)(b) or (3)(b), the authorised officer shall inform the person in charge of the food that it is to be dealt with by a justice of the peace and any person who might be liable to a prosecution in respect of the food shall, if attending before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses.5 If it appears to a justice of the peace, on the basis of such evidence as the justice of the peace considers appropriate in the circumstances, that any food falling to be dealt with under this Article fails to comply with Article 6(2) of Regulation (EU 2015/2283, the justice of the peace shall condemn the food and order—a the food to be destroyed or to be disposed of as to prevent it from being used for human consumption; andb any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.6 If a notice under paragraph (2)(a) is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this Article refuses to condemn it, the district council shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.7 Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.8 For the purpose of this Article, “Regulation (EU) 2015/2283” means Regulation (EU) 2015/2283 of the European Parliament and of the Council of 25 November 2015 on novel foods, amending Regulation (EU) No 1169/2011 of the European Parliament and of the Council and repealing Regulation (EC) No 258/97 of the European Parliament and of the Council and Commission Regulation (EC) No 1852/2001.”
Part 3 · Application and modification of other provisions of the Order
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