xmlns:atom="http://www.w3.org/2005/Atom"

Statutory Rules of Northern Ireland

2013 No. 220

Food

The Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013

Made

11th September 2013

Coming into operation

31st October 2013

The Department of Health, Social Services and Public Safety(1) makes the following Regulations in exercise of the powers conferred by Articles 15(1)(a), (e) and (f), 16(1) and (2), 25(1), (2)(e) and (f) and (3), and 47(2) of the Food Safety (Northern Ireland) Order 1991(2), as read with paragraph 1A of Schedule 2 to the European Communities Act 1972(3).

In accordance with Article 47(3A) of the Food Safety (Northern Ireland) Order 1991, it has had regard to relevant advice given by the Food Standards Agency.

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Department of Health, Social Services and Public Safety that it is expedient for any reference to an Article of or an Annex to any of the EU instruments specified in regulation 2(4) to be construed as a reference to that Article or that Annex as amended from time to time.

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(4), there has been open and transparent public consultation during the preparation and evaluation of these Regulations.

PART 1Introductory

Citation and commencement

1.  These Regulations may be cited as the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 and come into operation on 31st October 2013.

Interpretation

2.—(1) In these Regulations —

“Directive 2009/32” means Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients(5);

“Regulation 2065/2003” means Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods(6);

“Regulation 1332/2008” means Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes(7);

“Regulation 1333/2008” means Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives(8), as read with —

(a)

Commission Regulation (EU) No 1129/2011 amending Annex II to Regulation (EC) No 1333/2008 of the European Parliament and of the Council by establishing a Union list of food additives(9),

(b)

Commission Regulation (EU) No 1130/2011 amending Annex III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives by establishing a Union list of food additives for use in food additives, food enzymes, food flavourings and nutrients(10), and

(c)

Commission Regulation (EU) No 231/2012 laying down specifications for food additives listed in Annexes II and III to Regulation (EC) No 1333/2008 of the European Parliament and of the Council(11);

“Regulation 1334/2008” means Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods(12), as read with Commission Regulation (EU) No 873/2012 on transitional measures concerning the Union list of flavourings and source materials set out in Annex I to Regulation (EC) 1334/2008 of the European Parliament and of the Council(13);

“the EU Regulations” means Regulation 2065/2003, Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008; and

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

(2) Other expressions used in these Regulations and in the EU instruments listed in paragraph (4) have the same meaning in these Regulations as they do in those instruments.

(3) Any reference in these Regulations to an Article of or Annex to any of the EU instruments listed in paragraph (4) is a reference to that Article or Annex as amended from time to time.

(4) The EU instruments are Directive 2009/32, Regulation 2065/2003, Regulation (EC) No 1331/2008 of the European Parliament and of the Council establishing a common authorisation procedure for food additives, food enzymes and food flavourings(14), Regulation 1332/2008, Regulation 1333/2008 and Regulation 1334/2008.

(5) The Interpretation Act (Northern Ireland) 1954(15) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

PART 2Food additives, flavourings and enzymes

Offence of contravening EU requirements on food additives

3.  Any person who contravenes, or who uses or places on the market a product that fails to comply with, any of the provisions of Regulation 1333/2008 specified in the first column of Table 1 of Schedule 1, as read with transitional measures contained in or to be read with that Regulation, commits an offence.

Offence of contravening EU requirements on flavourings, including smoke flavourings

4.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1334/2008 specified in the first column of Table 1 of Schedule 2, as read with Article 4 (flavouring substances under evaluation) of Commission Implementing Regulation (EU) No 872/2012 adopting the list of flavouring substances provided for by Regulation (EC) No 2232/96 of the European Parliament and of the Council(16) and with transitional measures contained in or to be read with Regulation 1334/2008, commits an offence.

5.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 2065/2003 specified in the first column of Table 1 of Schedule 3, as read with Article 20 (transitional measures), commits an offence.

Offence of contravening EU requirements on food enzymes

6.  Any person who contravenes, or who uses or places on the market a product which fails to comply with, any of the provisions of Regulation 1332/2008 specified in the first column of Table 1 of Schedule 4, as read with Articles 18 and 24 (transitional measures), commits an offence.

Improvement notice – application of Article 9 of the Order

7.—(1) Article 9 of the Order (improvement notices) applies for the purposes of these Regulations with the following modifications.

(2) For paragraph (1), substitute—

(1) If an authorised officer has reasonable grounds for believing that a person is failing to comply with a provision of the Food Additives, Flavourings. Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 specified in paragraph (1A), the authorised officer may, by a notice served on that person (an “improvement notice”)—

(a)state the officer’s grounds for believing that the person is failing to comply with the relevant provision;

(b)specify the matters which constitute the person’s failure so to comply;

(c)specify the measures which, in the officer’s opinion, the person must take in order to secure compliance; and

(d)require the person to take those measures, or measures that are at least equivalent to them, within such period as may be specified in the notice.

(1A) The provisions are-

(a)Regulation 13(2); and

(b)any EU provision specified in the first column of Table 2 of Schedule 1, 2, 3 or 4..

(3) Omit paragraph (3).

Appeals against an improvement notice

8.—(1) Article 37 of the Order applies for the purposes of these Regulations as modified by paragraphs (2) and (3).

(2) For paragraph (1) substitute—

(1) Any person who is aggrieved by a decision of an authorised officer to serve an improvement notice under Article 9(1) as applied and modified by regulation 7 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 may appeal to a court of summary jurisdiction.

(3) In paragraph (2A)(b) for “(1)(a)” substitute “(1) as applied by regulation 8 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013;”.

(4) Article 38 of the Order applies for the purposes of these Regulations with the modification that in paragraph (1) and (2) “as applied by regulation 7 of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013” is inserted after “improvement notice”.

PART 3Extraction solvents

Controls on extraction solvents

9.  In this Part any reference to a numbered Article or Annex is a reference to that Article of or Annex to Directive 2009/32.

10.  The provisions of this Part do not apply to any extraction solvent —

(a)used in the production of any food additives, vitamins or any other nutritional additives, unless such food additives, vitamins or other nutritional additives are listed in Annex I; or

(b)intended for export outside the European Union.

11.  In this Part “permitted extraction solvent” means —

(a)an extraction solvent that —

(i)is listed in Annex I,

(ii)is used in accordance with the conditions of use and within any maximum residue limits specified in that Annex,

(iii)does not contain a toxicologically dangerous amount of any element or substance,

(iv)subject to any exceptions deriving from specific purity criteria, does not contain more than 1 mg/kg of arsenic or more than 1 mg/kg lead, and

(v)meets the requirements of Article 3(c) as regards purity criteria; or

(b)water to which substances regulating acidity or alkalinity may have been added; or

(c)food substances which possess solvent properties.

12.  A person must not use as an extraction solvent in the production of food any extraction solvent that is not a permitted extraction solvent.

13.—(1) A person must not place on the market —

(a)an extraction solvent that is not a permitted extraction solvent, or

(b)any food having in it or on it an added extraction solvent that is not a permitted extraction solvent.

(2) A person must not place on the market an extraction solvent that does not meet the requirements of regulation 14.

14.—(1) Subject to paragraph (2), the following information must appear on the packaging, container or label —

(a)the commercial name as indicted in Annex I;

(b)a clear indication that the material is of a quality suitable for use for the extraction of food or food ingredients;

(c)a reference by which the batch or lot may be identified;

(d)the name or business name and address of the manufacturer or packer or of a seller established in the territory of the EU;

(e)the net quantity given as units of volume; and

(f)if necessary, the special storage conditions or conditions of use.

(2) The particulars specified in paragraph 1(c), (d), (e) and (f) may alternatively appear on the trade documents relating to the batch or lot which are to be supplied with, or prior to, the delivery.

(3) The information specified in paragraph (1) must be easily visible, clearly legible and indelible.

(4) The information specified in paragraph (1) may be provided in more than one language, but at least one of those languages must be easily understood by the purchaser unless other measures have been taken to ensure that the purchaser is informed of the specified information.

PART 4Administration and enforcement

Competent authorities

15.  The competent authority for the purpose of Article 7 of Regulation 2065/2003 is the Food Standards Agency.

Enforcement authorities

16.  It is the duty of each district council within its district to execute and enforce these Regulations and the EU Regulations.

Offences and penalties

17.—(1) Any person who contravenes regulation 12 or 13(1) commits an offence.

(2) Any person guilty of an offence under regulation 3, 4, 5, 6, or 17(1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Condemnation of food

18.  Where any food is certified by a food analyst as being food which it is an offence to place on the market, that food shall be treated for the purposes of Article 8 of the Order (under which food may be seized and destroyed under an order of a justice of the peace) as failing to comply with food safety requirements.

Application of various Articles of the Food Safety (Northern Ireland) Order 1991

19.  The provisions of the Order specified in column 1 of Schedule 5 apply, with the modifications specified in column 2 of that Part for the purposes of these Regulations.

PART 5General

Consequential and other amendments

20.  In regulation 2(1) (interpretation) of the Food Labelling Regulations (Northern Ireland) 1996(17), in the definition of “the additives regulations” omit the expression “the Food Additives Regulations (Northern Ireland) 1999”.

Revocations

21.  The rules listed in the first column of Schedule 6 are revoked to the extent specified in the second column.

Sealed with the official seal of the Department of Health, Social Services and Public Safety on 11th September 2013.

Legal seal

Andrew McCormick

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

Regulations 3 and 7

SCHEDULE 1Specified provisions of Regulation 1333/2008

Table 1

Provision of Regulation 1333/2008

Subject matter

Article 4.1 (as read with Articles 11.3 and 11.4, 12, 13.2, and 18.1(a), 18.2 and 18.3)Requirement that only food additives included in the list in Annex II to Regulation 1333/2008 be placed on the market as such and that they be used in accordance with any conditions specified in that those Articles and that Annex.
Article 4.2 (as read with Articles 12, 13.2 and 18.3)Requirement that only food additives included in the list in Annex III to Regulation 1333/2008 may be used in food additives, food enzymes, food flavourings and nutrients and under the conditions of use specified in that Annex.
Article 4.5Requirement that food additives comply with the specifications referred to in Article 14 of Regulation 1333/2008.
Article 5Prohibition on placing on the market of food additives or food containing food additives if the use of the food additive does not comply with Regulation 1333/2008.
Article 11.2Requirement to use food additives in accordance with the quantum satis principle where no maximum numerical level fixed for the additive concerned.
Article 15Prohibition on use of food additives in unprocessed foods except where provided for in Annex II to Regulation 1333/2008.
Article 16Prohibition on use of food additives in foods for infants and young children (including dietary foods for infants and young children for special medical purposes) except where provided for in Annex II to Regulation 1333/2008.
Article 17Requirement to use only food colours listed in Annex II to Regulation 1333/2008 for the purpose of health marking meat or meat products, decorative colouring of eggshells or stamping of eggshells.
Article 18.1(b) (as read with Article 18.2)Requirement that food additives be present in food to which a food additive, food enzyme or food flavouring has been added, only if the additive is permitted in the additive, enzyme or flavouring under Regulation 1333/2008, has been carried over to the food via the additive, enzyme or flavouring and has no technological function in the final food.
Article 18.1(c) (as read with Article 18.2)Requirement that food additives be present in foods to be used solely in the preparation of a compound food only if the compound food complies with Regulation 1333/2008.
Article 18.4Requirement that food additives be used as sweeteners in compound foods with no added sugars, energy reduced compound foods with no added sugars, energy reduced compound foods, compound dietary foods intended for low calorie diets, non cariogenic compound foods and compound foods with an increased shelf life only if the sweetener is permitted in any of the ingredients of the compound food.
Article 26.1Requirement that producers and users of food additives inform the Commission immediately of any new scientific or technical information which might affect the assessment of the safety of the food additive concerned.

Table 2

Provision of Regulation 1333/2008

Subject matter

Article 21.1 (as read with Article 22)Requirement that food additives not intended for sale to the final consumer be labelled, in accordance with Article 22 of Regulation 1333/2008, visibly, clearly legibly and indelibly and in a language easily understandable to purchasers.
Article 23.1 (as read with Article 23.2 and 23.5)Prohibition on marketing of food additives sold singly or mixed with each other and/or other food ingredients and intended for sale to the final consumer unless their packaging contains specified information.
Article 23.3 (as read with Article 23.5)Requirement that the labelling of table-top sweeteners containing polyols and/or aspartame and/or aspartame – acesulfame salt bear specified warnings.
Article 23.4Requirement that manufacturers of table top sweeteners make available by appropriate means the information necessary to allow safe use by consumers.
Article 24.1 (as read with Article 24.2)Requirement that labelling of the food containing the colours listed in Annex V should contain the additional information specified in that Annex.
Article 26.2Requirement that producers and users of food additives, at the request of the Commission, inform it of the actual use of the food additive concerned.

Regulations 4 and 7

SCHEDULE 2Specified provisions of Regulation 1334/2008

Table 1

Provision of Regulation 1334/2008

Subject matter

Article 4Requirement that the use of flavourings or food ingredients with flavouring properties does not pose a safety risk or mislead the consumer.
Article 5Prohibition on the placing on the market of non-compliant flavourings or non-compliant food.
Article 6.1 (as read with Part A of Annex III)Prohibition on adding certain specified substances as such in foods.
Article 6.2 (as read with Part B of Annex III)Requirement that certain substances naturally present in flavourings or food ingredients with flavouring properties should not exceed specified levels in compound foods as a result of the use of flavourings or food ingredients with flavouring properties
Article 7.1 (as read with Part A of Annex IV)Prohibition on the use of certain source materials to produce flavourings or food ingredients with flavouring properties.
Article 7.2 (as read with Part B of Annex IV)Restrictions on the use of flavourings or food ingredients with flavouring properties produced from certain source materials.
Article 10Restriction on the placing on the market or use of flavourings and source materials that are not included on the Union list.
Article 19.2Requirement that a producer or user of an approved flavouring that is prepared by production methods or using starting materials significantly different from those included in the risk assessment must submit the necessary data to the Commission to allow an evaluation with regard to the modified production method or characteristics before marketing the flavouring.
Article 19.3Requirement on food business operators to inform the Commission immediately if they become aware of any new scientific or technical information that might affect the assessment of the safety of a flavouring substance.

Table 2

Provision of Regulation 1334/2008

Subject matter

Article 14.1 (as read with Articles 15 and 16)Requirements for the labelling of flavourings not intended for sale to the final consumer.
Article 17 (as read with Articles 15.1(a) and 16)Requirements for the labelling of flavourings intended for sale to the final consumer.

Regulations 5 and 7

SCHEDULE 3Specified provisions of Regulation 2065/2003

Table 1

Provision of Regulation 2065/2003

Subject matter

Article 4.2Prohibition on marketing a smoke flavouring not on the list of authorised smoke flavourings, or any food in or on which such a smoke flavouring is present
Article 4.2Prohibition on marketing an authorised smoke flavouring, or any food in or on which such a smoke flavouring is present, otherwise than in accordance with any conditions of use laid down in the authorisation
Article 5.1, first subparagraphProhibition on using treated wood, unless it can be demonstrated by appropriate certification or documentation that the substance used in treatment does not give rise to potentially toxic substances during combustion
Article 5.1, second subparagraphRequirement to be able to demonstrate by documentation or certification that the prohibition in the first paragraph of Article 5.1 has been observed
Article 5.2, first sentenceRequirement to observe conditions in Annex I during production of primary products (primary smoke condensates or primary tar fractions)
Article 5.2, second sentenceProhibition on the use of water-insoluble oily phase during the production of smoke flavourings
Article 9.4Requirement that an authorisation holder or any other food business operator using an authorised product, or a derived smoke flavouring produced from an authorised product, must comply with any conditions or restrictions attached to the authorisation
Article 9.5Requirement that an authorisation holder inform the Commission immediately of any new scientific or technical information relating to an authorised product which might influence the assessment of its safety

Table 2

Provision of Regulation 2065/2003

Subject matter

Article 13.1Requirement that food business operators ensure the specified information is transmitted to the receiving food business operator when the product is first placed on the market
Article 13.2Requirement that following the first placing on the market, on each subsequent occasion that the product is placed on the market, food business operators placing products on the market transmit the information specified in Article 13.1 to the receiving food business operators

Regulations 6 and 7

SCHEDULE 4Specified provisions of Regulation 1332/2008

Table 1

Provision of Regulation 1332/2008

Subject matter

Article 4Requirement that food enzymes may not be placed on the market as such or used in foods unless they appear in the Union list of authorised enzymes provided for in Article 17 and in accordance with the prescribed specifications and conditions of use.
Article 5Prohibition on placing on the market of non-compliant food enzymes or foods containing such enzymes which do not comply with Regulation 1332/2008 and its implementing measures.
Article 14.1Requirement that a producer or user of a food enzyme shall inform the Commission immediately of any new scientific or technical information that might affect its safety assessment.
Article 14.2Requirement that a producer or user of an approved food enzyme that is prepared by production methods or using starting materials significantly different from those included in the risk assessment shall submit the necessary data to the Commission to allow an evaluation with regard to the modified production method or characteristics before marketing the enzyme.

Table 2

Provision of Regulation 1332/2008

Subject matter

Article 10.1 (as read with Article 11)Requirements for labelling of food enzymes and preparations not intended for sale to the final consumer.
Article 12.1Requirements for labelling of food enzymes and preparations intended for sale to the final consumer.

Regulation 19

SCHEDULE 5Application and modification of other provisions of the Order

Column 1

Provision of the Order

Column 2

Modifications

Article 2(4)

Article 4 (presumptions that food intended for human consumption)

Any reference to “the Order” is to be construed as including a reference to these Regulations and the EU Regulations

References to “sold” and “sale” are deemed to include references to “placed on the market and “placing on the market”

Any reference to “the Order” is to be construed as including a reference to these Regulations and the EU Regulations

Article 19 (offences due to fault of another person)

Article 20 (defence of due diligence)

For “any of the preceding provisions of this part” substitute “the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013 or Article 9(2) as applied by Regulation 7(1) of those Regulations

In paragraph (1) for “any of the preceding provisions of this Part” substitute “Article 9(2), as applied by regulation 7(1) of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013.”

In paragraph (2) for “Article 13 or 14” insert “or regulation 3,4,5,6 or 17(1) of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013

In paragraph (4) references to “sale” include references to “placing on the market”

Article 30(8) (which relates to documentary evidence)

Article 33

For “this Order” (in each place occurring) substitute “the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013”

References in paragraph (1) to “the Order” are to be construed as including references to the EU Regulations and these Regulations

Article 34 (obstruction of officers)

Article 35 (time limit for prosecutions)

Any reference to the “Order” in Article 34(1) is to be construed as including a reference to the EU Regulations and these Regulations.

In Article 34(2) the reference to “any such requirement as is mentioned in paragraph (1)(b)” is deemed to be a reference to any such requirement as is mentioned in that paragraph as applied by regulation 19 and this schedule

Applies to offences under these Regulations as it applies to offences punishable under Article 36(2) of the Order

Article 36(1) and (2) (punishment of offences)

In paragraph (1), after “Article 34(1)”, insert “, as applied and modified by regulation 19 of, and Schedule 5, to, the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013,”.

After paragraph (1), insert—

“(1A) A person guilty of an offence under Article 9(2), as applied by regulation 7(1) of the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013, shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.”.

In paragraph (2)—

(a)

for “any other offence under this Order”, substitute “an offence under Article 34(2), as applied by regulation 19, of and Schedule 5 to,the Food Additives, Flavourings, Enzymes and Extraction Solvents Regulations (Northern Ireland) 2013,”; and

(b)

in paragraph (b), for “the relevant amount”, substitute “the statutory maximum”.

Regulation 21

SCHEDULE 6Revocations

Name of rule

Extent of revocation

The Extraction Solvents in Food Regulations (Northern Ireland) 1993 (S.R. 1993 No. 330)The whole Regulations
The Extraction Solvents in Food (Amendment) Regulations (Northern Ireland) 1995 (S.R. 1995 No. 263)The whole Regulations
The Extraction Solvents in Food (Amendment) Regulations (Northern Ireland) 1998 (S.R. 1998 No. 345)The whole Regulations
The Extraction Solvents in Food (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 284)The whole Regulations
The Food (Suspension of the Use of E128 Red 2G as a Food Colour) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 352)The whole Regulations
The Smoke Flavourings Regulations (Northern Ireland) 2005 (S.R. 2005 No. 76)The whole Regulations
The Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009 No. 415)Regulations 3, 4, 5, 6, 7(2)(b) and 8
The Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009 No. 416)All provisions except regulations 1, 2, 18(4) and 19
The Food Additives (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 39)The whole Regulations
The Food Additives (Amendment) (No.2) Regulations (Northern Ireland) 2011 (S.R. 2011 No. 217)The whole Regulations
The Food Additives (Amendment) and the Extraction Solvents in Food (Amendment) Regulations (Northern Ireland) 2012 (S.R. 2012 No. 180)The whole Regulations
The Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010 No. 414)All provisions except regulations 1, 2 and 7.

EXPLANATORY MEMORANDUM

(This note is not part of the Regulations)

These Regulations provide for the execution and enforcement of the following EU Regulations —

(a)Regulation (EC) No 2065/2003 of the European Parliament and of the Council on smoke flavourings used or intended for use in or on foods (OJ No. L309, 26.11.2003, p.1);

(b)Regulation (EC) No 1332/2008 of the European Parliament and of the Council on food enzymes (OJ No. L354, 31.12.2008, p.7);

(c)Regulation (EC) No 1333/2008 of the European Parliament and of the Council on food additives (OJ No. L354, 31.12.2008, p.16);

(d)Regulation (EC) No 1334/2008 of the European Parliament and of the Council on flavourings and certain food ingredients with flavouring properties for use in and on foods (OJ No. L354, 31.12.2008, p.34).

These Regulations also implement Directive 2009/32/EC of the European Parliament and of the Council on the approximation of the laws of the Member States on extraction solvents used in the production of foodstuffs and food ingredients (OJ No. L141, 6.6.2009, p.3).

These Regulations revoke, in whole or in part, the following Regulations —

(a)The Extraction Solvents in Food Regulations (Northern Ireland) 1993 (S.R. 1993 No. 330);

(b)The Smoke Flavourings Regulations (Northern Ireland) 2005 (S.R. 2005 No. 76);

(c)The Food (Suspension of the Use of E128 Red 2G Food Colour) Regulations (Northern Ireland) 2007 (S.R. 2007 No. 352);

(d)The Food Enzymes Regulations (Northern Ireland) 2009 (S.R. 2009 No. 415);

(e)The Food Additives Regulations (Northern Ireland) 2009 (S.R. 2009 No. 416);

(f)The Flavourings in Food Regulations (Northern Ireland) 2010 (S.R. 2010 No. 414).

These Regulations, in Part 2, provide that it is an offence, subject to any applicable transitional arrangements, to contravene or to use or place on the market a product that contravenes specified requirements of —

(a)Regulation (EC) No 1333/2008 relating to food additives (regulation 3 and Table 1 of Schedule 1);

(b)Regulation (EC) No 1334/2008 relating to food flavourings and foods with flavouring properties (regulation 4 and Table 1 of Schedule 2);

(c)Regulation (EC) No 2065/2003 relating to smoke flavourings (regulation 5 and Table 1 of Schedule 3); and

(d)Regulation (EC) No 1332/2008 relating to food enzymes (regulation 6 and Table 1 of Schedule 4).

These Regulations also provide in Part 2 that in the case of certain types of non-compliance, relating to labelling, an officer of an enforcement authority may serve an improvement notice under Article 9 of the Food Safety (Northern Ireland) Order 1991 as applied and modified by these Regulations requiring specified steps to be taken, failing which an offence will be committed (regulation 7). A person served with an improvement notice may appeal against it to a magistrates court under Article 37 of the Order (regulation 8).

Part 3 of these Regulations implement Directive 2009/32/EC relating to extraction solvents, in particular by —

(a)specifying the circumstances where the controls on extraction solvents do not apply (regulation 10);

(b)defining what constitutes a permitted extraction solvent (regulation 11);

(c)prohibiting any person from using an extraction solvent other than a permitted extraction solvent, as defined, in the production of food (regulation 12);

(d)prohibiting any person from placing on the market an extraction solvent that is not a permitted extraction solvent or which is not accompanied by certain information on the packaging, container or label (regulations 13 and 14).

These Regulations in Part 4 —

(a)designate the Food Standards Agency as the competent authority for the purposes of applications for authorisation of a smoke flavouring (regulation 15);

(b)assign the duty of enforcing these Regulations to district councils (regulation 16);

(c)provide for the maximum penalty to which a person may be liable on conviction for an offence under these Regulations (regulation 17);

(d)provide that, where food is certified as being food which it is an offence to place on the market, the food will 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 18); and

(e)apply, with certain modifications, various provisions of the Food Safety (Northern Ireland) Order 1991 for the purposes of these Regulations (regulation 19 and Schedule 5).

These Regulations in Part 5 —

(a)make a minor amendment to the Food Labelling Regulations (Northern Ireland) 1996 (regulation 20); and

(b)revoke certain rules in whole or in part (regulation 21 and Schedule 6).

(1)

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

(2)

S.I. 1991/762 (N.I.7) as amended by S.I. 1996/1663 (N.I.12), paragraphs 26 to 42 of Schedule 5 and Schedule 6 to the Food Standards Act 1999 c.28 and S.R.2004 Nos.482 and 505

(3)

1972 c.68. Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (2006 c.51) and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (2008 c.7)

(4)

OJ No. L31, 1.2.2002, p.1. That Regulation was last amended by Commission 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, p14)

(5)

OJ No. L141, 6.6.2009, p.3. This instrument was last amended by Commission Directive 2010/59/EU (OJ No. L225, 27.8.2010, p.10)

(6)

OJ No. L309, 26.11.2003, p.1. This instrument was last amended by Regulation (EC) No. 596/2009 of the European Parliament and of the Council (OJ No. L188, 18.7.2009, p.14)

(7)

OJ No. L354, 31.12.2008, p.7. This instrument was last amended by Commission Regulation (EU) No 1056/2012 (OJ No. L313, 13.11.2012, p.9)

(8)

OJ No. L354, 31.12.2008, p.16. This instrument was last amended by Commission Regulation (EU) No. 739/2013 (OJ No. L204, 31.7.2013, p.35)

(9)

OJ No. L295, 12.11.2011, p.1

(10)

OJ No. L295, 12.11.2011, p.178

(11)

OJ No. L83, 22.3.2012, p.1. This instrument was last amended by Commission Regulation (EU) No. 497/2013 (OJ No. L143, 30.5.2013, p.20)

(12)

OJ No. L354, 31.12.2008, p.34. This instrument was last amended by Commission Regulation (EU) No 545/2013 (OJ No. L163, 15.06.2013, p.15)

(13)

OJ No. L267, 2.10.2012, p.162

(14)

OJ No. L354, 31.12.2008, p.1. This instrument is implemented by Commission Regulation (EU) No. 234/2011 (OJ No. L64, 11.03.2011, p.15) and that Regulation has been amended by Commission Implementing Regulation (EU) No. 562/2012 (OJ No. L168, 28.06.2012, p.21)

(16)

OJ No. L267, 2.10.2012, p.1

(17)

S.R. 1996 No. 383. Relevant amending rules are S.R. 2010 No. 414 and S.R. 2012 No. 384