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The Contaminants in Food (England) Regulations 2005

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2.—(1) In these Regulations —

“the Act” means the Food Safety Act 1990;

“authorised lettuce” means lettuce of the kind specified in point 1.3 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.2 of that Regulation in relation to the United Kingdom;

“authorised officer” means any person who is authorised in writing, either generally or specifically, by a food authority or as the case may be a port health authority to act in matters arising under these Regulations;

“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which complies with the conditions of the derogation under Article 3b.1 of that Regulation in relation to the United Kingdom;

“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs(1) as corrected by a corrigendum published on 30th November 2001(2), and as amended by Council Regulation (EC) No. 2375/2001(3), Commission Regulation (EC) No. 221/2002(4), Commission Regulation (EC) No. 257/2002(5), Commission Regulation (EC) No. 472/2002(6) as corrected by a corrigendum published on 23rd March 2002(7), Commission Regulation (EC) No. 563/2002(8) as corrected by a corrigendum published on 14th June 2002(9), Commission Regulation (EC) No. 1425/2003(10), Commission Regulation (EC) No. 2174/2003(11), Commission Regulation (EC) No. 242/2004(12), Commission Regulation (EC) No. 455/2004(13), Commission Regulation (EC) No. 655/2004(14), Commission Regulation (EC) No. 683/2004(15), Commission Regulation (EC) No. 684/2004(16), Commission Regulation (EC) No. 78/2005(17), Commission Regulation (EC) No. 123/2005(18), Commission Regulation (EC) No. 208/2005(19), and Commission Regulation (EC) No. 1822/2005(20);

“Directive 98/53/EC” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs(21) as amended by Commission Directive 2002/27/EC(22), Commission Directive 2003/121/EC(23) and Commission Directive 2004/43/EC(24);

“Directive 2001/22/EC” means Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3–MCPD in foodstuffs(25) as corrected by Commission Decision 2001/873/EC(26) and as amended by Commission Directive 2005/4/EC(27);

“Directive 2002/26/EC” means Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of the levels of ochratoxin A in foodstuffs(28) as amended by Commission Directive 2004/43/EC and Commission Directive 2005/5/EC(29);

“Directive 2002/69/EC” means Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin–like PCBs in foodstuffs(30) as corrected by a corrigendum published on 20th September 2002(31) and as amended by Commission Directive 2004/44/EC(32);

“Directive 2003/78/EC” means Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs(33);

“Directive 2004/16/EC” means Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods(34);

“Directive 2005/10/EC” means Commission Directive 2005/10/EC laying down the sampling methods and the methods of analysis for the official control of the levels of benzo(a) pyrene in foodstuffs(35);

“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;

“port health authority” means —

(a)

in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984(36) by section 7(1) of that Act), the Common Council of the City of London; and

(b)

in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;

“Regulation 882/2004” means Regulation (EC) No. 882/2004 of the European Parliament and of the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(37).

(2) Any other expression used in these Regulations and in the Commission Regulation has the same meaning in these Regulations as it bears in the Commission Regulation.

(1)

OJ No. L77, 16.3.2001, p.1.

(2)

OJ No. L313, 30.11.2001, p.60.

(3)

OJ No. L321, 6.12.2001, p.1.

(4)

OJ No. L37, 7.2.2002, p.4.

(5)

OJ No. L41, 13.2.2002, p.12.

(6)

OJ No. L75, 16.3.2002, p.18.

(7)

OJ No. L80, 23.3.2002, p.42.

(8)

OJ No. L86, 3.4.2002, p.5.

(9)

OJ No. L155, 14.6.2002, p.63.

(10)

OJ No. L203, 12.8.2003, p.1.

(11)

OJ No. L326, 13.12.2003, p.12.

(12)

OJ No. L42, 13.2.2004, p.3

(13)

OJ No. L74, 12.3.2004, p.11.

(14)

OJ No. L104, 8.4.2004, p.48.

(15)

OJ No. L106, 15.4.2004, p.3.

(16)

OJ No. L106, 15.4.2004, p. 6.

(17)

OJ No. L16, 20.1.2005, p.43.

(18)

OJ No. L25, 28.1.2005, p.3.

(19)

OJ No. L34, 8.2.2005, p.3.

(20)

OJ No. L293, 9.11.2005, p.11.

(21)

OJ No. L201, 17.7.1998, p.93.

(22)

OJ No. L75, 16.3.2002, p.44.

(23)

OJ No. L332, 19.12.2003, p.38.

(24)

OJ No. L113, 20.4.2004, p.14.

(25)

OJ No. L77, 16.3.2001, p.14.

(26)

OJ No. L325, 8.12.2001, p.34.

(27)

OJ No. L19, 21.1.2005, p.50.

(28)

OJ No. L75, 16.3.2002, p.38.

(29)

OJ No. L27, 29.1.2005, p.38.

(30)

OJ No. L209, 6.8.2002, p.5.

(31)

OJ No. L252, 20.9.2002, p.40.

(32)

OJ No. L113, 20.4.2004, p.17.

(33)

OJ No. L203, 12.8.2003, p.40.

(34)

OJ No. L42, 13.2.2004, p.16.

(35)

OJ No. L34, 8.2.2005, p.15.

(37)

OJ No. L191, 28.5.2004, p.1. The revised text of this Regulation is now set out in a Corrigendum (OJ No. L191, 28.5.2004, p.1).

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