The Genetically Modified Organisms (Traceability and Labelling) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision as respects Northern Ireland, for the execution and enforcement of Regulation (EC) No. 1830/2003 of the European Parliament and of the Council of 22nd September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability and labelling of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (O.J. No. L268, 18.10.2003, p. 24).

Regulation 3 provides for the enforcement of the Regulations and the specified Community provisions (the provisions of Regulation (EC) No. 1830/2003 specified in the Schedule) and makes provision for the appointment of inspectors.

Regulation 4 sets out the powers of inspectors, including the power to carry out tests and inspections and to take samples.

Regulation 5 makes provision for district councils and the Department to obtain information.

Regulation 6 provides for the service by inspectors of notices dealing with incorrectly labelled products.

Regulation 7 makes it an offence to contravene the specified Community provisions; to obstruct inspectors in the exercise of powers under these Regulations; and to give false information. It sets out a due diligence defence in respect of the contravention of the specified Community provisions.

Regulation 8 makes provision for offences committed by third parties.

Regulation 9 makes provision for offences committed by corporate bodies.

Regulations 10 and 11 prescribe penalties and specify time limits for bringing prosecutions.

A Regulatory Impact Assessment for these Regulations has been prepared and can be obtained at http://www.food.gov.uk/multimedia/pdfs/gmria.pdf

Copies of the European Council Regulation and Directive may be obtained at http://europa.eu.int/eur-lex/en/index.html and from The Stationery Office Ltd., 16 Arthur Street, Belfast, BT1 4GD.