The Official Feed and Food Controls Regulations (Northern Ireland) 2006

Regulation 2(1)

SCHEDULE 1 DEFINITIONS OF COMMUNITY LEGISLATION

“Directive 2004/41” means Directive 2004/41/EC of the European Parliament and of the Council repealing certain directives concerning food hygiene and health conditions for the production and placing on the market of certain products of animal origin intended for human consumption and amending Council Directives 89/662/EEC and 92/118/EEC and Council Decision 95/408/EC(1);

“Regulation 178/2002” means 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 as last amended by Regulation (EC) No. 1642/2003;

“Regulation 1642/2003” means Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 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;

“Regulation 852/2004” means Regulation (EC) No. 852/2004 of the European Parliament and of the Council on the hygiene of food stuffs(2) as read with Regulation 2073/2005;

“Regulation 853/2004” means Regulation (EC) No. 853/2004 of the European Parliament and of the Council laying down specific hygiene rules for food of animal origin(3) as amended by Regulation 2074/2005 and Regulation 2076/2005 and as read with Directive 2004/41, Regulation 1688/2005, Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(4) as read with Regulation 2074/2005 and Regulation 2076/2005;

“Regulation 1688/2005” means Commission Regulation (EC) No. 1688/2005 implementing Regulation (EC) No. 853/2004 of the European Parliament and of the Council as regards special guarantees concerning salmonella for consignments to Finland and Sweden of certain meat and eggs(5);

“Regulation 2073/2005” means Commission Regulation (EC) No. 2073/2005 on microbiological criteria for foodstuffs(6);

“Regulation 2074/2005” means Commission Regulation (EC) No. 2074/2005 laying down implementing measures for certain products under Regulation (EC) No. 853/2004 of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No. 854/2004 of the European Parliament and of the Council and Regulation (EC) No. 882/2004 of the European Parliament and of the Council, derogating from Regulation (EC) No. 852/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(7); and

“Regulation 2076/2005” means Commission Regulation (EC) No. 2076/2005 laying down transitional arrangements for the implementation of Regulations (EC) No. 853/2004, (EC) No. 854/2004 and (EC) No. 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No. 853/2004 and (EC) No. 854/2004(8).

Regulation 2(1)

SCHEDULE 2 DEFINITION OF RELEVANT FEED LAW

“relevant feed law” means—

(a)

Part IV of the Agriculture Act 1970(9) in so far as it applies in relation to feeding stuffs;

(b)

the Feeding Stuffs (Sampling and Analysis) Regulations (Northern Ireland) 1999(10);

(c)

the Feeding Stuffs Regulations (Northern Ireland) 2001(11);

(d)

the Genetically Modified Animal Feed Regulations (Northern Ireland) 2004(12);

(e)

the Food Hygiene Regulations (Northern Ireland) 2006(13) in so far as they apply in relation to feed;

(f)

the Feed (Corn Gluten Feed and Brewers Grains) (Emergency Control) Regulations (Northern Ireland) 2005(14);

(g)

the Feeding Stuffs Regulations (Northern Ireland) 2005(15); and

(h)

the Feed (Hygiene and Enforcement) Regulations (Northern Ireland)(16) 2005.

Regulation 2(1)

SCHEDULE 3 DEFINITION OF RELEVANT FOOD LAW

“relevant food law” means—

(a)

food law in so far as it applies in relation to food, except in so far as it involves—

(i)

the regulation of residues of veterinary medicines and other substances under the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 1998(17),

(ii)

the regulation of residues of pesticides under the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) Regulations (Northern Ireland) 2002(18),

(iii)

the application of the rules laid down for the protection of designations of origin and geographical indications of agricultural products and foodstuffs in Council Regulation (EEC) No. 2081/92 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs(19) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded(20),

(iv)

the application of the rules laid down for Community certificates of specific character which may be obtained for certain agricultural products and foodstuffs as rules are laid down for them in Council Regulation (EEC) No. 2082/92 on certificates of specific character for agricultural products and foodstuffs(21) as last amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded,

(v)

the regulation of organic products under the Organic Products (Imports from Third Countries) Regulations 2003(22) and the Organic Products Regulations 2004(23),

(vi)

the regulation of beef labelling under the Beef Labelling (Enforcement) (Northern Ireland) Regulations 2001(24), and

(vii)

the regulation of the import of and trade in products of animal origin—

(aa)

under the Products of Animal Origin (Import and Export) Regulations (Northern Ireland) 1998(25) with the exception of the execution and enforcement of regulation 3 thereof by the Agency; and

(bb)

under the Products of Animal Origin (Third Country Imports) Regulations (Northern Ireland) 2004(26) with the exception of the execution and enforcement of regulation 4 of those Regulations by the Agency;

(b)

food law in so far as it applies in relation to materials and articles in contact with food except in so far as it involves the regulation of food contact materials under the Ceramic Ware (Safety) Regulations 1988(27); and

(c)

food law in so far as it involves the regulation of primary production and those associated operations listed in paragraph 1 of Part AI of Annex I to Regulation 852/2004 under the Food Hygiene Regulations (Northern Ireland) 2006.

Regulation 3(1)

SCHEDULE 4 COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FEED LAW

Column 1	Column 2
Competent authority	Provisions of Regulation 882/2004
The Agency	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 19(1), (2) and (3), 24, 31(1) and (2)(f), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
The feed authority	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

Regulation 3(2)

SCHEDULE 5 COMPETENT AUTHORITIES FOR THE PURPOSES OF CERTAIN PROVISIONS OF REGULATION 882/2004 IN SO FAR AS THEY APPLY IN RELATION TO RELEVANT FOOD LAW

Column 1	Column 2
Competent authority	Provisions of Regulation 882/2004
The Agency	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 12, 14, 19(1), (2) and (3), 24, 31(1) and (2), 34, 35(3) and (4), 36, 37(1), 38, 39, 40(2) and (4), 52(1) and 54
District councils	Articles 3(6), 4(2) to (6), 5(1) to (3), 6, 7, 8(1) and (3), 9, 10, 11(1) to (3) and (5) to (7), 15(1) to (4), 16(1) and (2), 18, 19(1) and (2), 20, 21, 22, 24, 31, 34, 35(3), 36, 37(1), 38, 39, 40(2) and (4) and 54

(1)

O.J. No. L157, 30.4.2004, p. 33. The revised text of Directive 2004/41/EC is now set out in a Corrigendum (O.J. No. L195, 2.6.2004, p. 12)

(2)

O.J. No. L139, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 852/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 3)

(3)

O.J. No. L139, 30.4.2004, p. 55. The revised text of Regulation (EC) No. 853/2004 is now set out in a Corrigendum (O.J. No. L226, 25.6.2004, p. 22)

(4)

O.J. No. L165, 30.4.2004, p. 1. The revised text of Regulation (EC) No. 882/2004 is now set out in a Corrigendum (O.J. No. L191, 28.5.2004, p. 1)

(5)

O.J. No. L271, 15.10.2005, p. 17

(6)

O.J. No. L338, 22.12.2005, p. 1

(7)

O.J. No. L338, 22.12.2005, p. 27

(8)

O.J. No. L338, 22.12.2005, p. 83

(9)

1970 c. 40

(10)

S.R. 1999 No. 296 as amended by S.R. 2001 No. 209, S.R. 2002 No. 263, S.R. 2003 No. 287, S.R. 2004 Nos. 345 and 443

(11)

S.R. 2001 No. 47 as amended by S.R. 2001 Nos. 209 and 428, S.R. 2002 No. 263, S.R. 2003 Nos. 219, 287, 306 and 475 and S.R. 2004 No. 215

(12)

S.R. 2004 No. 386 amended by S.R. 2005 No. 233

(13)

S.R. 2006 No. 3

(14)

S.R. 2005 No. 233

(15)

S.R. 2005 No. 545

(16)

S.R. 2005 No. 546

(17)

S.R. 1998 No.237

(18)

S.R. 2002 No. 20 as last amended by S.R. 2005 No. 401

(19)

O.J. No. L208, 24.7.92, p. 1

(20)

O.J. No. L236, 23.9.2003, p. 33

(21)

O.J. No. L:208, 24.7.92, p. 9

(22)

S.I. 2003/2821

(23)

S.I. 2004/1604

(24)

S.R. 2001 No. 271

(25)

S.R. 1998 No. 45, amended by S.R. 1999 No. 193, S.R. 2000 No. 78, S.R. 2000 No. 191, S.R. 2000 No. 287, S.R. 2001 No. 226, S.R. 2001 No. 242, S.R. 2001 No. 429, S.R. 2004 No. 7 and S.R. 2004 No. 464

(26)

S.R. 2004 No. 464

(27)

S.I. 1988/1647