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The Novel Foods Regulations (Northern Ireland) 2017

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Application and modification of provisions of the Order

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5.—(1) Articles 9(1) and (2) of the Order (improvement notices) apply for the purposes of these Regulations with the modification (in the case of Article 9(1)) set out in Schedule 2, Part 1 for the purposes of—

(a)enabling an improvement notice to be served on a person requiring the person to comply with a specified EU provision; and

(b)making the failure to comply with a notice referred to in subparagraph (a) an offence.

(2) Article 8 of the Order (inspection and seizure of suspected food) applies for the purposes of these Regulations with the modifications set out in Part 2 of Schedule 2 for the purposes of enabling an authorised officer of a district council, if it appears to that officer that Article 6(2) of Regulation (EU) 2015/2283 is being, or has been, contravened in relation to any food which has been placed on the market, to either—

(a)give notice to the person in charge of the food that it is not to be used for human consumption, and is not to be removed or is not to be removed except to some place specified in the notice, or

(b)seize the food and remove it in order to have it dealt with by a justice of the peace.

(3) The provisions of the Order specified in column 1 of the table in Part 3 of Schedule 2 apply, with the modifications (if any) specified in column 2 of that table for the purpose of these Regulations.

(4) Paragraphs (1) to (3) are without prejudice to the application of the Order to these Regulations for purposes other than those specified in paragraphs (1) and (2).

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