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The Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2011

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Statutory Rules of Northern Ireland

2011 No. 48

Agriculture

Food

The Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2011

Made

23rd February 2011

Coming into operation

1st April 2011

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred on it by section 2(2) of the European Communities Act 1972(2).

The Department of Health, Social Services and Public Safety, has been designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to food (including drink) including the primary production of food and measures relating to feed produced for or fed to food–producing animals(3), the common agricultural policy of the European Union(4) and measures in the veterinary and phytosanitary fields for the protection of public health(5).

As required by Article 9 of 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(6) there has been open and transparent public consultation during the preparation and evaluation of the following Regulations.

Citation and commencement

1.—(1) These Regulations may be cited as the Official Feed and Food Controls (Amendment) Regulations (Northern Ireland) 2011 and come into operation on 1st April 2011.

(2) The Interpretation Act (Northern Ireland) 1954(7) applies to these Regulations as it applies to an Act of the Assembly.

Amendment of the Official Feed and Food Controls Regulations (Northern Ireland) 2009

2.—(1) The Official Feed and Food Controls Regulations (Northern Ireland) 2009(8) are amended in accordance with paragraph (2).

(2) In regulation 12 (right of appeal), omit paragraphs (5) to (7).

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 23rd February 2011.

Legal seal

Catherine Daly

A senior officer of the Department of Health, Social Services and Public Safety

EXPLANATORY NOTE

(This note is not part of the Order)

1.  These Regulations (at regulation 2) amend The Official Feed and Food Controls Regulations (Northern Ireland) 2009 (S.R. 2009 No. 427) by omitting paragraphs (5) to (7) of regulation 12 of those Regulations.

2.  Those paragraphs made provision for a food business operator who has appealed against the refusal or withdrawal of an authorisation of a food business establishment to continue to operate the establishment pending the outcome of that appeal.

(1)

Formerly the Department of Health and Social Services; see S.I. 1999/283 (N.I.1) Article 3(6)

(6)

OJ No. L31, 1.2.2002, p.1, as last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council adapting a number of instruments subject to the procedure referred to in Article 251 of the Treaty to Council Decision 1999/468/EC with regard to the regulatory procedure with scrutiny: Adaptation to the regulatory procedure with scrutiny – Part Four (OJ No. L188, 18.7.2009, p.14)

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