The Food Hygiene Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations provide for the execution and enforcement there of—

(a) Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of foodstuffs (O.J. No. L139, 30.4.2004, p. 1; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 3);

(b) Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin (O.J. No. L139, 30.4.2004, p. 55; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 22); and

(c) Regulation (EC) No. 854/2004 of the European Parliament and of the Council laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption (O.J. No. L155, 30.4.2004, p. 206; the revised text of this Regulation is now set out in a Corrigendum, O.J. No. L226, 25.6.2004, p. 83),

referred in these Regulations as “the Community Regulations”.

2.  These Regulations—

(a) create certain presumptions that, for the purposes thereof, specified food is intended for human consumption (regulation 3);

(b) provide that the Food Standards Agency is the competent authority for the purposes of the Community Regulations except where it has delegated competences as provided for in the Community Regulations (regulation 4);

(c) make provision for the enforcement and execution of these Regulations and of the Community Regulations (regulation 5);

(d) provide for the following enforcement measures to be available in respect of a food business operator—

(i) hygiene improvement notices (regulation 6),

(ii) hygiene prohibition orders (regulation 7),

(iii) hygiene emergency prohibition notices and orders (regulation 8), and

(iv) remedial action notices and detention notices (regulation 9);

(e) provide that where the commission of an offence thereunder is due to the act or default of some other person that other person is guilty of the offence (regulation 10);

(f) provide that in proceedings for an offence thereunder it is a defence for the accused to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence (regulation 11);

(g) provide for the procurement and analysis of samples (regulations 12 and 13);

(h) provide powers of entry for authorised officers of an enforcement authority (regulation 14);

(i) create the offence of obstructing an officer (regulation 15);

(j) provide a time limit for bringing prosecutions (regulation 16);

(k) provide that a person who contravenes specified provisions of Regulation (EC) No. 852/2004 or Regulation (EC) No. 853/2004 is guilty of an offence (regulation 17(1));

(l) provide penalties for offences (regulation 17(2) and (3));

(m) provide that a person is considered not to have contravened a specified provision of Regulation (EC) No. 852/2004 (requirement for bulk foodstuffs in liquid, granulate or powder form to be transported in receptacles and / or containers / tankers reserved for the transport of foodstuffs) provided the requirements of Schedule 3 are complied with (regulation 17(4));

(n) provide that where an offence thereunder which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the body corporate or a person purporting to act as such he as well as the body corporate is deemed to be guilty of that offence and may be proceeded against and punished accordingly (regulation 18);

(o) provide rights of appeal in respect of hygiene improvement notices, remedial action notices, hygiene prohibition orders and hygiene emergency prohibition orders (regulations 19 and 20);

(p) provide for the issue to district councils by the Department of codes of recommended practice (regulation 21);

(q) provide for the protection of officers acting in good faith (regulation 22);

(r) provide for the revocation or suspension of the designation or as the case may be appointment of specified officials (regulation 23);

(s) provide that when an authorised officer has certified that any food has not been produced, processed or distributed in compliance with these Regulations and the Community Regulations, it shall be treated for the purposes of Article 8 of the Food Safety (Northern Ireland) Order 1991 as failing to comply with food safety requirements (regulation 24);

(t) provide that the requirements set out in the following Schedules have effect—

(i) Schedule 3 (bulk transport in sea-going vessels of liquid oils or fats and the bulk transport by sea of raw sugar) (regulation 25),

(ii) Schedule 4 (temperature control requirements) (regulation 26),

(iii) Schedule 5 (direct supply by the producer of small quantities of meat from poultry and lagomorphs slaughtered on the farm) (regulation 27), and

(iv) Schedule 6 (restrictions on the sale of raw milk intended for direct human consumption (regulation 28); and

(u) provide for the revocation of specified Statutory Rules (regulation 29).