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The Food Hygiene (Amendment) Regulations (Northern Ireland) 2019

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Statutory Rules of Northern Ireland

2019 No. 110

Food

The Food Hygiene (Amendment) Regulations (Northern Ireland) 2019

Made

14th May 2019

Coming into operation

29th June 2019

The Department of Health(1), being a department designated(2) for the purposes of section 2(2) of the European Communities Act 1972(3) in relation to measures relating to food (including drink) including the primary production of food makes these Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, that Act.

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.

Citation and commencement

1.  These Regulations may be cited as the Food Hygiene (Amendment) Regulations (Northern Ireland) 2019 and come into operation on 29th June 2019.

Amendments to the Food Hygiene Regulations (Northern Ireland) 2006

2.—(1) The Food Hygiene Regulations (Northern Ireland) 2006(5) are amended in accordance with paragraph (2).

(2) In Schedule 6 (Restrictions on the sale of raw milk intended for direct human consumption) for paragraph 7A, substitute the following —

7A.(1) Except in cases to which paragraph (2) applies, the container in which any raw milk is sold must be marked or labelled with the words “This milk has not been heat treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness”.

(2)  In the case of any raw milk intended for direct human consumption which is not prepacked and is sold at a catering establishment there must appear —

(a)on a label attached to the container in which the milk is sold, or

(b)on a ticket or notice that is readily discernible by an intending purchaser at the place where the purchaser chooses that milk,

the words “Milk supplied in this establishment has not been heat treated and may therefore contain organisms harmful to health. The Food Standards Agency strongly advises that it should not be consumed by children, pregnant women, older people or those who are unwell or have chronic illness”.;

Sealed with the official seal of the Department of Health on 14th May 2019.

Legal seal

Elizabeth Redmond

A senior officer of the Department of Health

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make certain amendments to the Food Hygiene Regulations (Northern Ireland) 2006 (S.R. 2006 No.3) to make further provision for the labelling of raw milk with prescribed information relating to the absence of heat treatment (regulation 2(2)).

A full impact assessment of the effect that this Rule will have on the costs to business and the voluntary sector is available from the Food Safety Group of the Food Standards Agency, Aviation House, 125 Kingsway, London, WC2B 6NH and is annexed to the Explanatory Memorandum which is available alongside the Rule on www.legislation.gov.uk.

(1)

Formerly the Department of Health, Social Services and Public Safety; see 2016 c.5 (N.I.), section 1

(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 has been amended by section 3(3) of and the Schedule to the European Union (Amendment) Act 2008 (2008 c.7)

(4)

OJ No. L 31, 1.2.2002, p.1 as last amended by Regulation (EU) No. 2017/745 of the European Parliament and of the Council of 5th May 2017 (OJ No. L 117, 5.5.2017, p.1-175)

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