Statutory Rules of Northern Ireland
FOOD
Made
29th May 2001
Coming into operation
9th July 2001
The Department of Health, Social Services and Public Safety(1), being a Department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to the common agricultural policy of the European Community, in exercise of the powers conferred on it by the said section 2(2) and of all other powers enabling it in that behalf, hereby makes the following Regulations:
1. These Regulations may be cited as the Gelatine (Intra-Community Trade) Regulations (Northern Ireland) 2001 and shall come into operation on 9th July 2001.
2.—(1) In these Regulations—
“the Agency” means the Food Standards Agency(4); and
“collection centre”, “tannery” and “raw material” shall be construed in accordance with Commission Decision 1999/724/EC amending Annex II to Council Directive 92/118/EEC laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A(I) to Directive 89/662/EEC or, as regards pathogens, to Directive 90/425/EEC(5).
(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.
3. Paragraph 12 of Schedule 3 of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998(7) shall be amended by adding at the end the following entry—
“Commission Decision 1999/724/EC (O.J. No. L290, 12.11.99, p. 32)”.
4.—(1) A district council shall, on application, authorise a collection centre or tannery if it is satisfied that—
(a)the collection centre or tannery has storage rooms with hard floors and smooth walls which are easy to clean and disinfect;
(b)where appropriate, the collection centre or tannery is provided with refrigeration facilities;
(c)the storage rooms of the collection centre or tannery are kept in a satisfactory state of cleanliness and repair, so that they do not constitute a source of contamination for the raw materials;
(d)if any raw material which does not conform to any requirement imposed by virtue of the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998 which is applicable to it is or will be stored or processed in the premises, it is or, as appropriate, will be segregated throughout the period of receipt, storage, processing and dispatch from raw material which does so conform;
(e)it has all the information it needs to notify the Agency of the authorisation under regulation 8(2)(a).
(2) When granting any authorisation, the district council shall allocate a unique identifying number to the premises.
5.—(1) A district council may suspend or withdraw an authorisation under regulation 4 if it is satisfied that the premises in relation to which the authorisation was granted do not satisfy the requirements specified in regulation 4.
(2) A district council shall not suspend or withdraw an authorisation unless—
(a)it has served a notice complying with paragraph (3) on the proprietor of the business carried on at the premises; and
(b)it is satisfied, after the time for compliance with the notice has expired, that the premises do not comply with the requirements specified in the notice.
(3) A notice served under paragraph (2) shall—
(a)state that the district council proposes to suspend or, as the case may be, withdraw the authorisation;
(b)identify each requirement specified in regulation 4 which the district council is satisfied has not been complied with in relation to the premises;
(c)in relation to each requirement specified under subparagraph (b), give reasons why it is not satisfied that the requirement has been complied with; and
(d)state that unless the proprietor of the business complies with the requirements specified in the notice within such reasonable time as is stated in the notice, the authorisation may be suspended or, as the case may be, withdrawn.
6.—(1) A person who is aggrieved by a decision of a district council to refuse authorisation or to suspend or withdraw an authorisation may appeal to a magistrates' court.
(2) Article 37(2), (2A) and (3) of the Food Safety (Northern Ireland) Order 1991(8) shall have effect in relation to appeals under this regulation as it has effect in relation to an appeal under that article.
(3) The withdrawal or suspension of an authorisation shall not take effect until the time for appealing against it has expired and, if an appeal is lodged, until the appeal is finally disposed of.
7. A district council shall cancel an authorisation under regulation 4—
(a)on the request of the proprietor of the business in relation to which the premises are authorised;
(b)if the district council is satisfied that the business carried on at the premises in respect of which the authorisation was granted is no longer being carried on there.
8.—(1) The Agency shall maintain a register of premises authorised under regulation 4.
(2) Every district council shall notify the Agency, by such means as is reasonably required by the Agency, of:—
(a)every authorisation issued by the district council under regulation 4;
(b)every withdrawal, suspension or cancellation by the district council of such an authorisation;
(c)every notice issued by the district council under regulation 5(2);
(d)any change of the proprietor of the business carried on at authorised premises; and
(e)any error or omission which comes to the attention of the district council in the information in the register relating to any premises authorised by the district council.
(3) Every notification by a district council to the Agency under paragraph (2) shall contain the following information—
(a)the address of the premises;
(b)the name of the proprietor of the business carried on at the premises;
(c)any trade name or other name (not being the name of the proprietor) by which the business carried on at the premises is known;
(d)the unique identifying number allocated by the district council under regulation 4(2);
(e)whether the premises is authorised as a collection centre or as a tannery; and
(f)the date from which authorisation has effect and the date any suspension, withdrawal or cancellation of authorisation took effect.
(4) The Agency shall take reasonable measures to make the information on the register available to the public at reasonable times.
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 29th May 2001.
L.S.
W. B. Smith
Senior Officer of the
Department of Health, Social Services and Public Safety
(This note is not part of the Regulations.)
These Regulations implement Commission Decision 99/724/EC (O.J. No. L290, 12.11.99, p. 32) “the Commission Decision” so far as it relates to trade between Member States of the European Community and imposes new or changed obligations on the United Kingdom.
The Commission Decision amends Annex II to Council Directive 92/118/EEC (O.J. No. L62, 15.3.93, p. 49) by imposing new requirements relating to gelatine intended for human consumption. The provisions of that Directive relating to intra-Community trade are implemented by the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 45). These Regulations amend the 1998 Regulations to give effect to the changes made by the Commission Decision.
The Regulations also give power to district councils to issue, suspend, withdraw and cancel authorisations of collection centres and tanneries which supply raw materials for the manufacture of gelatine subject to the requirements of the Commission Decision. The Food Standards Agency is required to maintain a register of premises so authorised.
Formerly the Department of Health and Social Services; see S.I. 1999/283 Article 3
Established by section 1 of the Food Standards Act 1999 (c. 28).
O.J. No. L290, 12.11.99, p. 32
S.R. 1998 No. 45, to which there are amendments not relevant to these Regulations
S.I. 1991/762 (N.I. 7) as amended by S.I. 1996/1633 (N.I. 12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c. 28