The Gangmasters Licensing (Exclusions) Regulations (Northern Ireland) 2014

PART 1 Produce workers

1.  The supply of a worker to process or pack produce if the worker is supplied to—

(a) a catering establishment;

(b) a shop or other retail establishment;

(c) a wholesale market;

(d) a wholesale establishment;

(e) a distribution warehouse.

2.  The supply of a worker to process or pack a product which includes a derivative of produce but where the product concerned is not a food product, pet food or a product which is primarily an agricultural, fish or shellfish product.

3.  In this Part—

“catering establishment” means—

(a)

A restaurant, canteen, club, public house, school kitchen, prison kitchen, hospital kitchen or similar establishment (including a vehicle or a fixed or mobile stall) where—

(i)

Food is cooked or made ready for consumption without further preparation; and

(ii)

Food is prepared for service to the consumer;

(b)

Other premises where—

(i)

Food is cooked or made ready for consumption without further preparation;

(ii)

Food is prepared for service to the consumer; and

(iii)

There is no change of ownership of the food concerned between preparation and delivery to the consumer;

“distribution warehouse” means premises where produce is received prior to onward distribution to a wholesale or retail establishment and—

(c)

There is no change in the ownership of the produce concerned between receipt and onward distribution;

(d)

The wholesale or retail establishment to which delivery is made is excluded under paragraph 1 of this Schedule; and

(e)

The premises are owned by the same person that owns the retail or wholesale establishment to which the produce is delivered;

“produce” means produce derived from agricultural work, shellfish, fish or products derived from shellfish or fish;

“wholesale establishment” means facility operated solely for the purpose of selling produce for the purposes of resale or to a catering establishment, and includes a cash and carry warehouse but excludes a food processing or packaging facility; and

“to process or pack” includes to carry out the daily cleaning and maintenance of machinery used for the processing or packing.