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The Official Feed and Food Controls Regulations (Northern Ireland) 2007

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PART 1PRELIMINARY

Citation and commencement

1.  These Regulations may be cited as the Official Feed and Food Controls Regulations (Northern Ireland) 2007 and come into operation on 14th December 2007.

Interpretation

2.—(1) In these Regulations —

the Agency” means the Food Standards Agency;

“authorised officer” —

(a)

in relation to a competent authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing for the purposes of regulation 13; and

(b)

in relation to a relevant enforcement authority, means any person (whether or not an officer of the authority) who is authorised by the authority in writing, either generally or specially, to act in matters arising under Part 2 of these Regulations in relation to its enforcement responsibilities under regulation 16;

“competent authority” means an authority which, by virtue of regulation 3, is designated for the purposes of any of the provisions of Regulation 882/2004;

“Directive 2004/41”, “Regulation 178/2002”, “Regulation 852/2004”, “Regulation 853/2004”, “Regulation 882/2004”, “Regulation 1688/2005”, “Regulation 2073/2005”, “Regulation 2074/2005” and “Regulation 2076/2005” have the meanings respectively given to them in Schedule 1;

the Department” means the Department of Health, Social Services and Public Safety;

“feed authority” means the authority identified in section 86(3) of the Agriculture Act 1970(1) as having the authority to enforce that Act;

“the Import Provisions” means Part 3 of these Regulations and Articles 15 to 24 of Regulation 882/2004;

“the Official Control Regulations” means these Regulations and Regulation 882/2004;

the Order” means the Food Safety (Northern Ireland) Order 1991(2);

“premises” includes any establishment, any place, vehicle, stall or moveable structure and any ship or aircraft;

“primary production” has the meaning it bears in Regulation 852/2004;

“relevant enforcement authority” means a body which, by virtue of regulation 16, is made responsible for executing and enforcing any provision of Part 2 of these Regulations;

“relevant feed law” has the meaning given to it in Schedule 2; and

“relevant food law” has the meaning given to it in Schedule 3.

(2) Subject to paragraph (3), any expression other than one defined in paragraph (1) that is used both in these Regulations and in the Order has the meaning it bears in the Order.

(3) Any expression used both in these Regulations and in Regulation 178/2002 or Regulation 882/2004 has the meaning it bears in Regulation 178/2002 or Regulation 882/2004, as the case may be.

(4) The Interpretation Act 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(5) Any reference in these Regulations to a Community instrument shall be construed as a reference to that instrument as amended, extended or applied on the date the Regulations were made.

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12) and paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 paragraph 2 of Article 2 (regarding the definition of “food”) was substituted by S.R> 2004 No.482

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