The Spreadable Fats (Marketing Standards) and the Milk and Milk Products (Protection of Designations) Regulations (Northern Ireland) 2008

Interpretation N.I.

2.—(1) In these Regulations —

“the Council Regulation” means Council Regulation (EC) No. 1234/2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation)(1) [F1 as last amended by Council Regulation (EU) No 517/2013 and subject to repeal, savings and transitional arrangements given effect by Regulation (EU) No 1308/2013 of the European Parliament and of the Council];

“the Commission Regulation” means Commission Regulation (EC) No. 445/2007 laying down certain detailed rules for the application of Council Regulation (EC) No. 2991/94 laying down standards for spreadable fats and of Council Regulation (EEC) No. 1898/87 on the protection of designations used in the marketing of milk and milk products(2);

“[F2 EU] provision” means a provision referred to in regulation 6(2);

“EEA Agreement” means the agreement on the European Economic Area signed at Oporto on 2^nd May 1992(3), together with the protocol adjusting the Agreement signed at Brussels on 17^th March 1993(4), as modified or supplemented;

“EEA State” means—

(a)

a state which is a member State; or

(b)

any other state which is a party to the EEA Agreement;

“member State” means a member State as defined in Part II of Schedule 1 to the European Communities Act 1972(5);

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

[F3 “Regulation (EU) 2013” means Regulation (EU) No 1308/2013 of the European Parliament and of the Council adopted on 16 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007, as amended from time to time]

“sell” includes possess for sale, and offer, expose or advertise for sale;

“sell by retail” means to sell to a person who is not buying for the purpose of re-sale;

“vitamin A” means vitamin A present as such or as its esters and includes beta-carotene on the basis that 6 micrograms of beta-carotene or 12 micrograms of other biologically active carotenoids equal one microgram of retinol equivalent;

“vitamin D” means the anti-rachitic vitamins.

(2) Other expressions used in these Regulations and in the Council Regulation [F4 Regulation (EU) 2013] or the Commission Regulation have the same meaning in these Regulations as they have in the Council Regulation [F4 Regulation (EU) 2013] or the Commission Regulation.

Textual Amendments

F1 Words in reg. 2(1) inserted (11.2.2019) by The Food (Miscellaneous Amendments and Revocations) Regulations (Northern Ireland) 2019 (S.R. 2019/5), regs. 1(1), 20

F2 Word in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F3 Words in reg. 2(1) inserted (21.3.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/92), regs. 1, 10(2)(a)

F4 Words in reg. 2(2) inserted (21.3.2014) by The Single Common Market Organisation (Consequential Amendments) Regulations (Northern Ireland) 2014 (S.R. 2014/92), regs. 1, 10(2)(b)

Commencement Information

I1 Reg. 2 in operation at 1.7.2008, see reg. 1

(1)

OJ No. L299, 16.11.2007, p.1; there are amendments to this Regulation but none are relevant

(2)

OJ No. L106, 24.4.2007, p.24

(3)

OJ No. L1, 3.1.1994, p.1

(4)

OJ No. L1, 3.1.1994, p.571

(5)

1972 c.68