The Materials and Articles in Contact with Food Regulations (Northern Ireland) 2005

PART 5 GENERAL

Offences and penalties

11.—(1) Any person who contravenes the provisions of regulations 6, 8 or 9, as read with regulation 10, is guilty of an offence.

(2) Any person guilty of an offence under paragraph (1) or under regulation 4 is liable –

(a) on conviction on indictment to a fine or to imprisonment for a term not exceeding two years or to both;

(b) on summary conviction to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months or to both.

Enforcement

12.—(1) Each district council in its district shall execute and enforce –

(a) the provisions of Regulation 1935/2004 mentioned in regulation 4, and

(b) these Regulations.

(2) The Agency shall also execute and enforce the provisions of Article 16(1) and 17(2).

Analysis by Government Chemist

13.—(1) The court before which any proceedings are taken under these Regulations may, if it thinks fit for the purposes of the proceedings, cause –

(a) any material or article which is the subject of the proceedings and which, if it has already been tested is capable of being further tested, or

(b) any food which has been in contact with any such material or article,

to be sent to the Government Chemist who shall carry out such testing as is appropriate and transmit to the court a certificate of the result, and the costs of the testing shall be paid by the prosecutor or the person charged as the court may order.

(2) If in a case where an appeal is brought no action has been taken under paragraph (1), the provisions of that paragraph shall apply in relation to the court by which the appeal is heard.

(3) Any certificate of the results of testing transmitted by the Government Chemist under this regulation shall be signed by or on behalf of him, but the testing may be carried out by any person under the direction of the person who signs the certificate.

(4) Any certificate transmitted by the Government Chemist in accordance with paragraph (3) shall be taken as evidence of the facts stated therein unless any party to the proceedings requests that the person by whom the certificate is signed be called as a witness.

(5) In this regulation the term “testing” includes examination and analysis, and “tested” shall be construed accordingly.

Application of various provisions of the Order

14.—(1) The following provisions of the Order apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order or Part thereof shall be construed as a reference to these Regulations –

(a) Article 2(4) (extended meaning of “sale” etc);

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

(c) Article 20 (defence of due diligence) with the modification that in subsection (4) the references to “sale” shall be deemed to include references to “placing on the market”;

(d) Article 30(8) (which relates to documentary evidence);

(e) Article 36(1) (punishment of offences) in so far as it relates to offences under Article 34(1) as applied by paragraph (3);

(f) Article 36(2) and (3) in so far as it relates to offences under Article 33(2) as applied by paragraph (3).

(2) In the application of Article 33 of the Order (powers of entry) for the purposes of these Regulations, the reference in subsection (1) to the Order shall be construed as including a reference to Regulation 1935/2004.

(3) The following provisions of the Order apply for the purposes of these Regulations with the modification that any reference in those provisions to the Order shall be construed as including a reference to Regulation 1935/2004 and these Regulations –

(a) Article 4 (presumptions that food is intended for human consumption) with the modifications that the references to “sold” and “sale” shall be deemed to include references to “placed on the market” and “placing on the market” respectively;

(b) Article 34(1) (obstruction etc. of officers);

(c) Article 34(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (b).

(4) Article 35 of the Order (time limit for prosecutions) applies to offences under these Regulations as it applies to offences punishable under Article 36(2) of the Order.

Amendments to the 1998 Regulations

15.—(1) The 1998 Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2 (interpretation) –

(a) omit the definition of “the 1987 Regulations”;

(b) after the definition of “the 1993 Regulations” insert the following –

““the 2005 Regulations” means the Materials and Articles in Contact with Food Regulations (Northern Ireland) 2005(1);”.

(3) In paragraph (1)(b) of regulation 6 (method of testing the capability of plastic materials or articles to transfer constituents and methods of analysis) for “regulation 14(2) of the 1987 Regulations” substitute “regulation 7(2) of the 2005 Regulations”.

(4) In regulation 11 (presumption as to food with which a plastic material or article, adhesive or material or article covered by a surface coating is to come into contact) for “the 1987 Regulations” substitute “Regulation (EC) No. 1935/2004 of the European Parliament and of the Council(2)”.

(5) For regulation 12 (application of other provisions) substitute –

“Application of other provisions

12.— (1) The following provisions of the Order shall apply for the purposes of these Regulations as they apply for the purposes of the Order –

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

(b) Article 30(8) (relating to documentary evidence).

(2) Regulation 13 of the 2005 Regulations shall apply in relation to proceedings taken under these Regulations as it does to proceedings taken under those Regulations.”.

Revocation

16.  The following Regulations or Parts thereof are revoked –

(a) the Materials and Articles in Contact with Food Regulations (Northern Ireland) 1987(3);

(b) Regulation 3 of the Food Safety (Export) Regulations (Northern Ireland) 1991(4);

(c) the Materials and Articles in Contact with Food (Amendment) Regulations (Northern Ireland) 1994(5).

(1)

S.R. 2005 No. 210

(2)

O.J. No. L338, 13.11.2004, p. 4

(3)

S.R. 1987 No. 432

(4)

S.R. 1991 No. 344

(5)

S.R. 1994 No. 174