Search Legislation

Food Safety (Ships and Aircraft) Order (Northern Ireland) 2004

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Rules of Northern Ireland

2004 No. 99

FOOD

Food Safety (Ships and Aircraft) Order (Northern Ireland) 2004

Made

9th March 2004

Coming into operation

20th April 2004

The Department of Health, Social Services and Public Safety(1) in exercise of the powers conferred on it by Articles 2(2) and 47(2) of the Food Safety (Northern Ireland) Order 1991(2) and of all other powers enabling it in that behalf, having had regard in accordance with Article 47(3A) of the said Order to relevant advice given by the Food Standards Agency and after consultation in accordance with Article 47(3) and (3B) of the said Order and as required by Article 9 of Regulation (EC) No.178/2002 of the European Parliament and of 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(3), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Food Safety (Ships and Aircraft) Order (Northern Ireland) 2004 and shall come into operation on 20th April 2004.

Interpretation

2.  In this Order –

“the 1991 Order” means the Food Safety (Northern Ireland) Order 1991;

“exempt ship or aircraft” means any sovereign immune ship or aircraft or any ship of a State other than the United Kingdom which is exercising the right of innocent passage through that part of the United Kingdom territorial sea adjacent to Northern Ireland;

“home-going ship” means a ship which is engaged exclusively in –

(a)

plying in internal waters, or

(b)

excursions which last not more than one day, start and end in Northern Ireland and do not involve calling at any place outside Northern Ireland;

“innocent passage” has the same meaning as it has for the purposes of Part II Section 3A of the United Nations Convention on the Law of the Sea;

“internal waters” has the same meaning as it has for the purposes of Article 8(1) of the United Nations Convention on the Law of the Sea;

“the principal hygiene and temperature control provisions” means –

(a)

the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995(4), except regulation 4A of and Schedule 1A to those Regulations (licensing of butchers' shops);

(b)

the Food Safety (Temperature Control) Regulations (Northern Ireland) 1995(5), except regulations 4 to 9 and 12 of those Regulations;

“sovereign immune ship or aircraft” means a ship or aircraft belonging to a State other than the United Kingdom and which is not in use for commercial purposes;

“territorial sea” has the same meaning as it has for the purposes of the Territorial Sea Act 1987(6).

Ships and aircraft as premises for specified purposes

3.  “Premises” shall include any ship or aircraft of a description specified in the Schedule for any purpose of the 1991 Order or Regulations or orders made under it as is specified in that Schedule in relation to that ship or aircraft.

Revocation

4.  The Food Safety (1991 Order) (Specified Ships and Aircraft) Order (Northern Ireland) 1991(7) is hereby revoked.

Sealed with the Official Seal of the Department of Health, Social Services and Public Safety on 9th March 2004.

L.S.

Deirdre Kenny

A senior officer of the

Department of Health, Social Services and Public Safety

Article 3

SCHEDULESHIPS AND AIRCRAFT THAT ARE PREMISES FOR SPECIFIED PURPOSES

1.  Any home-going ship for the purpose of applying the 1991 Order and any Regulations or orders made under it.

2.  Any other ship or any aircraft, which is not an exempt ship or aircraft –

(a)for the purpose of ascertaining whether there is in the ship or aircraft any food imported as part of the cargo in contravention of the provisions of Regulations made under Part II of the 1991 Order;

(b)for the purpose of applying the principal hygiene and temperature control provisions; and

(c)for the purpose of applying Articles 10 and 11 of the 1991 Order,

and references to “premises” in Articles 3, 4, 29 and 33 of the 1991 Order shall include any ship or aircraft of a description specified in this paragraph in relation to any purposes specified in this paragraph.

Explanatory Note

(This note is not part of the Regulations.)

This Order specifies ships and aircraft and purposes for which they are “premises” in and under the Food Safety (Northern Ireland) Order 1991 (“the 1991 Order”).

The Order –

(a)replaces provisions formerly included in the Food Safety (1991 Order) (Specified Ships and Aircraft) Order (Northern Ireland) 1991 for home-going ships and for import cargo inspections of ships and aircraft (Article 3 and paragraphs 1 and 2(a) of the Schedule);

(b)in further implementation of Council Directive 93/43/EEC on the hygiene of foodstuffs(8) and Council Directive 89/397/EEC on the official control of foodstuffs(9), specifies certain ships and aircraft for the purpose of applying provisions of the Food Safety (General Food Hygiene) Regulations (Northern Ireland) 1995 and the Food Safety (Temperature Control) Regulations (Northern Ireland) 1995 and for certain related Articles of the 1991 Order (Article 3 and paragraph 2(b) and (c) of the Schedule);

(c)provides that references to “premises” in Articles 3, 4, 29 and 33 of the Food Safety (Northern Ireland) 1991 shall include those other ships and aircraft for the purposes specified in paragraph 2(a), (b) and (c) of the Schedule (Article 3 and paragraph 2 of the Schedule).

(1)

Formerly the Department of Health and Social Services; see S.I.1999/283 (N.I. 1), Article 3

(2)

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

(3)

O.J. No. L31, 1.2.2002, p. 1

(8)

O.J. No. L175, 19.7.93, p. 1, as amended by Directive 96/3 (O.J. No. L21, 27.1.96, p. 42) and Directive 98/28 (O.J. No. L140, 12.5.98, p. 10)

(9)

O.J. No. L186, 30.6.89, p. 23, as completed by Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs (O.J. No. L290, 24.11.1993, p. 14)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources