Eggs (Marketing Standards) (Amendment No. 2) Regulations (Northern Ireland) 1997

Amendment of the Eggs (Marketing Standards) Regulations (Northern Ireland) 1995

2.—(1) The Eggs (Marketing Standards) Regulations (Northern Ireland) 1995(1) shall be amended as provided in paragraphs (2) to (4).

(2) For regulation 4 there shall be substituted the following regulation—

“4.—(1) It shall be the duty of each district council to enforce and execute within its district the Community provisions in so far as they relate to—

(a)the sale of eggs by a retailer; and

(b)the use of eggs as described in regulation 3(2).

(2) The Department shall enforce and execute the Community provisions in all other respects.

(3) In this regulation “sale” includes possession for sale and offer, exposure or advertisement for sale.”.

(3) For regulation 10 (Application of various Articles of the Food Safety (Northern Ireland) Order 1991) there shall be substituted the following regulation—

“10.—(1) The following provisions of the Food Safety (Northern Ireland) Order 1991(2) shall apply for the purposes of these Regulations as they apply for the purposes of that Order and, accordingly, any reference in those provisions to that Order shall be construed as a reference to these Regulations—

  • Articles 2(4) and 3 (extended meaning of “sale” and related expressions);

  • Article 4 (presumption that food is intended for human consumption);

  • Article 19 (offences due to fault of another person);

  • Article 20 (defence of due diligence);

  • Article 36(1) to (3) (punishment of offences) in so far as it relates to offences under section 34(1) and (2).

(2) The following provisions of the Food Safety (Northern Ireland) Order 1991 shall apply for the purposes of these Regulations as may apply for the purposes of that Order and any reference in those provisions to that Order shall be construed, for the purpose of those Regulations as including a reference to the Community provisions that is to say—

  • Article 33 (powers of entry);

  • Article 34 (obstruction etc. of officers).”.

(4) In the Schedule (Community provisions) there shall be inserted in paragraph 2 at the end the following entry—

“(h)Commission Regulation O.J. No. L189, 30.7.96, p. 91

(EC) No. 1511/96”.