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PART 5Miscellaneous provisions, enforcement and offences

Northern Ireland

44.—(1) This regulation has effect in relation to the enforcement of these Regulations in Northern Ireland.

(2) The Department of Agriculture and Rural Development or the Department of Health, Social Services and Public Safety (or both Departments acting jointly) instead of the Secretary of State exercise the powers of the Secretary of State in—

(a)regulation 33 (appointment of inspectors);

(b)regulation 41 (seizure notices);

(c)regulation 42 (publication); and

(d)sub-paragraph (4) of paragraph 14 of Schedule 3 (approval of premises for suitably qualified persons).

(3) The Department of Agriculture and Rural Development is the competent authority for—

(a)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(1));

(b)Regulation (EC) No 1831/2003 (of the European Parliament and the Council on additives for use in animal nutrition(2));

(c)Regulation (EC) No 882/2004 (of the European Parliament and the Council on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules(3)); and

(d)Regulation (EC) No 183/2005 (of the European Parliament and of the Council laying down requirements for feed hygiene(4)).

(4) In relation to pharmacies, an officer of the Pharmaceutical Society of Northern Ireland appointed by the Society for the purpose has all the powers of an inspector to enforce these Regulations.

(5) In proceedings in a magistrates’ court relating to an improvement notice under regulation 38 or a seizure notice under regulation 41, the Magistrates’ Courts (Northern Ireland) Order 1981(5) applies.

(1)

OJ No L31, 1.2.2002, p. 1; last amended by Regulation (EC) No 596/2009 of the European Parliament and of the Council (OJ L188, 18.7.2009, p. 14).

(2)

OJ No L268, 18.10.2003, p. 29; last amended by Regulation (EC) No 767/2009 of the European Parliament and of the Council (OJ L229, 1.9.2009, p.1).

(3)

Corrected version at OJ No L191, 28.5.2004, p. 1.

(4)

OJ No L35, 8.2.2005, p. 1; last amended by Regulation (EC) No 219/2009 of the European Parliament and of the Council (OJ L87, 31, 3.2009, p.109).