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The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations (Northern Ireland) 2016

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Application and modification of provisions of the Food Safety (Northern Ireland) Order 1991

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32.—(1) The following provisions of the Order shall apply for the purposes of these Regulations and any reference in them to the Order shall be construed for the purposes of these Regulations as a reference to these Regulations—

(a)Article 2 (extended meaning of “sale” etc.);

(b)Article 4 (presumption that food is intended for human consumption);

(c)Article 19 (offences due to fault of another person);

(d)Article 20(1), (5) and (6) (defence of due diligence);

(e)Article 21 (defence of publication in the course of business);

(f)Article 34 (obstruction etc. of officers);

(g)Article 36 (punishment of offences) in so far as it relates to offences under Article 34(1) and (2); and

(h)Article 43 (protection of public analyst acting in good faith).

(2) Article 8 of the Order (inspection and seizure of suspected food) shall, subject to paragraph (3), apply for the purposes of these Regulations as if an animal product which it is an offence to sell under these Regulations were food which failed to comply with food safety requirements.

(3) Article 8 of the Order shall apply for the purposes of these Regulations subject to the modification that the reference in paragraph (5)(a) thereof to Articles 6 and 7 of the Order shall be construed as a reference to these Regulations.

(4) Article 29 of the Order (procurement of samples) shall apply for the purposes of these Regulations subject to the modification that for the words “Article 33” in paragraph (b)(ii) thereof shall be substituted “Article 33 as applied by this regulation”.

(5) Articles 30 and 31 of the Order (analysis etc. of samples) shall apply for the purposes of these Regulations subject to the modification that in each case after the words “Article 29” there shall be inserted the words “, other than an official sample,”.

(6) Article 33 of the Order (powers of entry) shall apply for the purposes of these Regulations with the omission of the word “food” in paragraph (6) thereof and the references to “regulations” in paragraph (1) thereof shall be construed as including a reference to Articles 14 (6) and 16 of Regulation 470/2009.

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